As Reported by the House Transportation, Public Safety, and Homeland Security Committee

130th General Assembly Regular Session 2013-2014

Am. S. B. No. 57

Senator Manning 

Cosponsors: Senators Jones, Lehner, Hughes, Burke, LaRose, Brown, Tavares, Beagle, Cafaro, Eklund, Faber, Gardner, Hite, Obhof, Oelslager, Patton, Peterson, Sawyer, Schaffer, Schiavoni, Seitz, Smith, Uecker, Widener 

Representatives Damschroder, Ruhl, Johnson 

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A BILL

To establish a one-year pilot project in Lorain

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County pursuant to which qualified emergency

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responders in that County may obtain and

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administer naloxone to revive a person suffering

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from an apparent opioid-related overdose.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  (A) As used in this section:

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(1) "Action by a professional licensing board" means any	7
sanction or other action by a professional licensing board for	8
conduct that pertains or relates to obtaining or possessing	9
naloxone, or administering naloxone to a person suffering from an	10
apparent opioid-related overdose.	11

(2) "Administer" means the direct application of a drug to a	12
person by inhalation.	13

(3) "Civil liability" means liability in a civil action for	14
injury, death, or loss to person or property that allegedly is	15
caused by, results from, or is related to the administration of	16
naloxone to a person suffering from an apparent opioid-related	17
overdose.	18

(4) "Criminal prosecution" means prosecution for a violation	19
of any of the following based on conduct that pertains or relates	20
to obtaining or possessing naloxone or to administering naloxone	21
to a person suffering from an apparent opioid-related overdose:	22

(a) Any prohibition under Chapter 2925., 3719., or 4729. of	23
the Revised Code or under any other provision of the Revised Code;	24

(b) Any prohibition under any ordinance of a municipal	25
corporation that is substantially similar to any prohibition	26
described in division (A)(2)(a) of this section.	27

(5) "Dispense" has the same meaning as in section 3719.01 of	28
the Revised Code.	29

(6) "Emergency medical service organization" has the same	30
meaning as in section 4765.01 of the Revised Code.	31

(7) "Emergency responder" means any of the following who	32
serves in Lorain County:	33

(a) A person who is a "first responder," "emergency medical	34
technician-basic" or "EMT-basic," "emergency medical	35
technician-intermediate" or "EMT-I," or "emergency medical	36
technician-paramedic" or "paramedic," all as defined in section	37
4765.01 of the Revised Code;	38

(b) A "peace officer," as defined in section 2935.01 of the	39
Revised Code;	40

(c) A "firefighter," as defined in section 149.43 of the	41
Revised Code.	42

(8) "Licensed health professional" means any of the following	43
who serves in Lorain County:	44

(a) A physician who is authorized under Chapter 4731. of the	45
Revised Code to practice medicine and surgery, osteopathic	46
medicine and surgery, or podiatric medicine and surgery;	47

(b) A physician assistant who holds a certificate to	48
prescribe issued under Chapter 4730. of the Revised Code;	49

(c) A clinical nurse specialist, certified nurse-midwife, or	50
certified nurse practitioner who holds a certificate to prescribe	51
issued under section 4723.48 of the Revised Code.	52

(9) "One year" means the twelve-month period commencing on	53
the first day of the month immediately subsequent to the month	54
during which the effective date of this act occurs.	55

(10) "Qualified emergency responder" means any emergency	56
responder who has received a letter under division (G) of this	57
section indicating satisfactory completion of the training	58
described in that division.	59

(11) "Registered nurse" means a registered nurse licensed	60
under Chapter 4723. of the Revised Code who serves in Lorain	61
County.	62

(B) There is hereby established a pilot project in Lorain	63
County pursuant to which qualified emergency responders who serve	64
in that County may obtain and administer naloxone in accordance	65
with divisions (C) and (D) of this section to a person suffering	66
from an apparent opioid-related overdose in order to revive the	67
person. The pilot program established under this division shall	68
last for a period of one year.	69

(C) During the period described in division (B) of this	70
section, a licensed health professional who is authorized to	71
prescribe naloxone, if acting with reasonable care, may prescribe,	72
dispense, or personally furnish naloxone to any qualified	73
emergency responder without being subject to civil liability,	74
action by a professional licensing board, or criminal prosecution	75
if the qualified emergency responder, before the naloxone is	76
prescribed, dispensed, or furnished, signs an affidavit stating	77
that the naloxone will be used only for the purpose described in	78
division (D)(2) of this section. The immunity from civil liability	79
provided by this division is subject to division (F) of this	80
section.	81

(D)(1) A qualified emergency responder is not subject to	82
civil liability, action by a professional licensing board, or	83
criminal prosecution for any of the following conduct:	84

(a) During the period described in division (B) of this	85
section, the qualified emergency responder, acting in good faith,	86
obtains naloxone or a prescription for naloxone from a licensed	87
health professional as described in division (C) of this section	88
or obtains naloxone pursuant to a prescription from a licensed	89
health professional as described in that division, so that the	90
qualified emergency responder may obtain and use the naloxone for	91
the purposes described in division (D)(1)(b) of this section;	92

(b) During the period described in division (B) of this	93
section, the qualified emergency responder, acting in good faith,	94
administers naloxone obtained from a licensed health professional	95
as described in division (C) of this section or obtained pursuant	96
to a prescription from a licensed health professional as described	97
in that division to a person suffering from an apparent	98
opioid-related overdose in order to revive the person.	99

(2) The immunity from civil liability provided by division	100
(D)(1) of this section is subject to division (F) of this section.	101

(E) If, during the period described in division (B) of this	102
section, a qualified emergency responder who serves an emergency	103
medical service organization, law enforcement agency, or	104
firefighting agency engages in conduct described in division	105
(D)(1)(a) or (b) of this section, the organization or agency is	106
not subject to civil liability, action by a professional licensing	107
board, or criminal prosecution for that conduct of the qualified	108
emergency responder. The immunity from civil liability provided by	109
this division is subject to division (F) of this section.	110

(F) The immunity from civil liability provided to a licensed	111
health professional by division (C) of this section, provided to a	112
qualified emergency responder by division (D) of this section,	113
provided to an emergency medical service organization, law	114
enforcement agency, or firefighting agency by division (E) of this	115
section, or provided to a licensed health professional or	116
registered nurse by division (G)(2) of this section does not apply	117
if the conduct of the licensed health professional, qualified	118
emergency responder, emergency medical service organization, law	119
enforcement agency, firefighting agency, or registered nurse,	120
whichever is applicable, was with malicious purpose, in bad faith,	121
or in a wanton or reckless manner.	122

(G)(1) The Lorain County Coroner shall provide, or shall	123
designate one or more licensed health professionals or registered	124
nurses to provide, training to emergency responders in recognizing	125
and responding to an opioid overdose. The response training shall	126
include, but shall not be limited to, training in the	127
administration of naloxone to a person suffering from an apparent	128
opioid-related overdose in order to revive the person. The Lorain	129
County Coroner shall provide to each emergency responder who	130
satisfactorily completes the training a letter indicating	131
satisfactory completion of the training. An emergency responder is	132
not a qualified emergency responder for purposes of this section	133
unless the emergency responder has received the training described	134
in this division. The training described in this division shall be	135
made available to each emergency responder who obtains approval of	136
the emergency medical service organization, law enforcement	137
agency, or firefighting agency served by the responder. The	138
training shall be made available at any time on or after the	139
effective date of this act and prior to the end of the period	140
described in division (B) of this section.	141

(2) If the Lorain County Coroner, a licensed health	142
professional, or a registered nurse provides to any emergency	143
responder training of the type described in division (G)(1) of	144
this section or a letter indicating satisfactory completion of	145
that training, or if the Loran County Coroner designates any	146
licensed health professional or registered nurse to provide such	147
training to any emergency responder, the Coroner, professional, or	148
nurse is not subject to civil liability, action by a professional	149
licensing board, or criminal prosecution for any conduct of the	150
emergency responder described in division (D)(1)(a) or (b) of this	151
section. The immunity from civil liability provided by this	152
division is subject to division (F) of this section.	153

(H)(1) If a qualified emergency responder who serves an	154
emergency medical service organization, law enforcement agency, or	155
firefighting agency obtains naloxone from a licensed health	156
professional as described in division (C) of this section or	157
obtains naloxone pursuant to a prescription from a licensed health	158
professional as described in that division, the emergency medical	159
service organization, law enforcement agency, or firefighting	160
agency shall maintain a record of the receipt and use of the	161
naloxone. The record shall include all of the following for each	162
qualified emergency responder who serves the organization or	163
agency and obtains naloxone in that manner:	164

(a) The identity of the qualified emergency responder;

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(b) The amount of naloxone obtained in that manner by the	166
qualified emergency responder;	167

(c) The licensed health professional who prescribed,	168
dispensed, or personally furnished the naloxone to the qualified	169
emergency responder in that manner.	170

(d) If the qualified emergency responder administers any of	171
the naloxone as described in division (D)(1)(b) of this section,	172
the identity of the responder, the date of the administration, the	173
amount administered, the circumstances of the administration, the	174
individual to whom the naloxone was administered, and the outcome	175
of the administration.	176

(2) Each emergency medical service organization, law	177
enforcement agency, or firefighting agency that maintains a record	178
under division (H)(1) of this section shall send monthly reports	179
containing the information in the record to the Lorain County	180
Narcan Task Force, the Lorain County Coroner, and the Director of	181
the Ohio Department of Health in the manner and at the times	182
specified in this division. Each report sent to the Task Force,	183
the Coroner, and the Director shall cover one calendar month,	184
shall contain the information in the record that pertains to that	185
month, shall be prepared on the uniform standardized reporting	186
form developed by the Lorain County Coroner under division (I) of	187
this section, and shall be sent to the Task Force, the Coroner,	188
and the Director not later than the fifth day of the calendar	189
month following the month covered by the report. A report shall be	190
sent for each calendar month during which the pilot project	191
established under division (B) of this section is in existence.	192

(3) Upon receipt of the reports pursuant to division (H)(2)	193
of this section, the Lorain County Narcan Task Force and the Ohio	194
Department of Health each shall conduct a separate study of the	195
effectiveness of the pilot project established under division (B)	196
of this section and each shall prepare a separate report that	197
contains the Task Force's or Department's findings and	198
recommendation as to whether the pilot project should be continued	199
in Lorain County, whether similar pilot projects should be	200
established in counties other than Lorain County, whether state	201
law should be amended to provide for naloxone distribution and use	202
by emergency responders throughout the state in a manner similar	203
to the distribution and use in Lorain County under the pilot	204
project, or whether the pilot project should expire without	205
extension, expansion, or adoption on a statewide basis.	206

Not later than the first day of the fourth month following	207
the end of the pilot project, the Lorain County Narcan Task Force	208
and the Ohio Department of Health each shall send a copy of its	209
report required by this division to the Governor, the President	210
and Minority Leader of the Senate, the Speaker and Minority Leader	211
of the House of Representatives, and the Director of the	212
Department of Alcohol and Drug Addiction Services.	213

(I) The Lorain County Coroner shall develop a uniform	214
standardized reporting form to be used by emergency medical	215
service organizations, law enforcement agencies, and firefighting	216
agencies to make the monthly reports required by division (H)(2)	217
of this section.	218