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Am. S. B. No. 57 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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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, Adams, R., Anielski, Antonio, Baker, Beck, Blair, Boose, Brown, Buchy, Burkley, Butler, Derickson, Dovilla, Duffey, Fedor, Gerberry, Green, Grossman, Hackett, Hall, Hayes, Hill, Huffman, Letson, Lundy, Mallory, McClain, Milkovich, Ramos, Redfern, Rosenberger, Sheehy, Smith, Sprague, Stebelton, Stinziano Speaker Batchelder
A BILL
To establish a one-year pilot project in Lorain
County pursuant to which qualified emergency
responders in that County may obtain and
administer naloxone to revive a person suffering
from an apparent opioid-related overdose.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section:
(1) "Action by a professional licensing board" means any
sanction or other action by a professional licensing board for
conduct that pertains or relates to obtaining or possessing
naloxone, or administering naloxone to a person suffering from an
apparent opioid-related overdose.
(2) "Administer" means the direct application of a drug to a
person by inhalation.
(3) "Civil liability" means liability in a civil action for
injury, death, or loss to person or property that allegedly is
caused by, results from, or is related to the administration of
naloxone to a person suffering from an apparent opioid-related
overdose.
(4) "Criminal prosecution" means prosecution for a violation
of any of the following based on conduct that pertains or relates
to obtaining or possessing naloxone or to administering naloxone
to a person suffering from an apparent opioid-related overdose:
(a) Any prohibition under Chapter 2925., 3719., or 4729. of
the Revised Code or under any other provision of the Revised Code;
(b) Any prohibition under any ordinance of a municipal
corporation that is substantially similar to any prohibition
described in division (A)(2)(a) of this section.
(5) "Dispense" has the same meaning as in section 3719.01 of
the Revised Code.
(6) "Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.
(7) "Emergency responder" means any of the following who
serves in Lorain County:
(a) A person who is a "first responder," "emergency medical
technician-basic" or "EMT-basic," "emergency medical
technician-intermediate" or "EMT-I," or "emergency medical
technician-paramedic" or "paramedic," all as defined in section
4765.01 of the Revised Code;
(b) A "peace officer," as defined in section 2935.01 of the
Revised Code;
(c) A "firefighter," as defined in section 149.43 of the
Revised Code.
(8) "Licensed health professional" means any of the following
who serves in Lorain County:
(a) A physician who is authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery;
(b) A physician assistant who holds a certificate to
prescribe issued under Chapter 4730. of the Revised Code;
(c) A clinical nurse specialist, certified nurse-midwife, or
certified nurse practitioner who holds a certificate to prescribe
issued under section 4723.48 of the Revised Code.
(9) "One year" means the twelve-month period commencing on
the first day of the month immediately subsequent to the month
during which the effective date of this act occurs.
(10) "Qualified emergency responder" means any emergency
responder who has received a letter under division (G) of this
section indicating satisfactory completion of the training
described in that division.
(11) "Registered nurse" means a registered nurse licensed
under Chapter 4723. of the Revised Code who serves in Lorain
County.
(B) There is hereby established a pilot project in Lorain
County pursuant to which qualified emergency responders who serve
in that County may obtain and administer naloxone in accordance
with divisions (C) and (D) of this section to a person suffering
from an apparent opioid-related overdose in order to revive the
person. The pilot program established under this division shall
last for a period of one year.
(C) During the period described in division (B) of this
section, a licensed health professional who is authorized to
prescribe naloxone, if acting with reasonable care, may prescribe,
dispense, or personally furnish naloxone to any qualified
emergency responder without being subject to civil liability,
action by a professional licensing board, or criminal prosecution
if the qualified emergency responder, before the naloxone is
prescribed, dispensed, or furnished, signs an affidavit stating
that the naloxone will be used only for the purpose described in
division (D)(2) of this section. The immunity from civil liability
provided by this division is subject to division (F) of this
section.
(D)(1) A qualified emergency responder is not subject to
civil liability, action by a professional licensing board, or
criminal prosecution for any of the following conduct:
(a) During the period described in division (B) of this
section, the qualified emergency responder, acting in good faith,
obtains naloxone or a prescription for naloxone from a licensed
health professional as described in division (C) of this section
or obtains naloxone pursuant to a prescription from a licensed
health professional as described in that division, so that the
qualified emergency responder may obtain and use the naloxone for
the purposes described in division (D)(1)(b) of this section;
(b) During the period described in division (B) of this
section, the qualified emergency responder, acting in good faith,
administers naloxone obtained from a licensed health professional
as described in division (C) of this section or obtained pursuant
to a prescription from a licensed health professional as described
in that division to a person suffering from an apparent
opioid-related overdose in order to revive the person.
(2) The immunity from civil liability provided by division
(D)(1) of this section is subject to division (F) of this section.
(E) If, during the period described in division (B) of this
section, a qualified emergency responder who serves an emergency
medical service organization, law enforcement agency, or
firefighting agency engages in conduct described in division
(D)(1)(a) or (b) of this section, the organization or agency is
not subject to civil liability, action by a professional licensing
board, or criminal prosecution for that conduct of the qualified
emergency responder. The immunity from civil liability provided by
this division is subject to division (F) of this section.
(F) The immunity from civil liability provided to a licensed
health professional by division (C) of this section, provided to a
qualified emergency responder by division (D) of this section,
provided to an emergency medical service organization, law
enforcement agency, or firefighting agency by division (E) of this
section, or provided to a licensed health professional or
registered nurse by division (G)(2) of this section does not apply
if the conduct of the licensed health professional, qualified
emergency responder, emergency medical service organization, law
enforcement agency, firefighting agency, or registered nurse,
whichever is applicable, was with malicious purpose, in bad faith,
or in a wanton or reckless manner.
(G)(1) The Lorain County Coroner shall provide, or shall
designate one or more licensed health professionals or registered
nurses to provide, training to emergency responders in recognizing
and responding to an opioid overdose. The response training shall
include, but shall not be limited to, training in the
administration of naloxone to a person suffering from an apparent
opioid-related overdose in order to revive the person. The Lorain
County Coroner shall provide to each emergency responder who
satisfactorily completes the training a letter indicating
satisfactory completion of the training. An emergency responder is
not a qualified emergency responder for purposes of this section
unless the emergency responder has received the training described
in this division. The training described in this division shall be
made available to each emergency responder who obtains approval of
the emergency medical service organization, law enforcement
agency, or firefighting agency served by the responder. The
training shall be made available at any time on or after the
effective date of this act and prior to the end of the period
described in division (B) of this section.
(2) If the Lorain County Coroner, a licensed health
professional, or a registered nurse provides to any emergency
responder training of the type described in division (G)(1) of
this section or a letter indicating satisfactory completion of
that training, or if the Loran County Coroner designates any
licensed health professional or registered nurse to provide such
training to any emergency responder, the Coroner, professional, or
nurse is not subject to civil liability, action by a professional
licensing board, or criminal prosecution for any conduct of the
emergency responder described in division (D)(1)(a) or (b) of this
section. The immunity from civil liability provided by this
division is subject to division (F) of this section.
(H)(1) If a qualified emergency responder who serves an
emergency medical service organization, law enforcement agency, or
firefighting agency obtains naloxone from a licensed health
professional as described in division (C) of this section or
obtains naloxone pursuant to a prescription from a licensed health
professional as described in that division, the emergency medical
service organization, law enforcement agency, or firefighting
agency shall maintain a record of the receipt and use of the
naloxone. The record shall include all of the following for each
qualified emergency responder who serves the organization or
agency and obtains naloxone in that manner:
(a) The identity of the qualified emergency responder;
(b) The amount of naloxone obtained in that manner by the
qualified emergency responder;
(c) The licensed health professional who prescribed,
dispensed, or personally furnished the naloxone to the qualified
emergency responder in that manner.
(d) If the qualified emergency responder administers any of
the naloxone as described in division (D)(1)(b) of this section,
the identity of the responder, the date of the administration, the
amount administered, the circumstances of the administration, the
individual to whom the naloxone was administered, and the outcome
of the administration.
(2) Each emergency medical service organization, law
enforcement agency, or firefighting agency that maintains a record
under division (H)(1) of this section shall send monthly reports
containing the information in the record to the Lorain County
Narcan Task Force, the Lorain County Coroner, and the Director of
the Ohio Department of Health in the manner and at the times
specified in this division. Each report sent to the Task Force,
the Coroner, and the Director shall cover one calendar month,
shall contain the information in the record that pertains to that
month, shall be prepared on the uniform standardized reporting
form developed by the Lorain County Coroner under division (I) of
this section, and shall be sent to the Task Force, the Coroner,
and the Director not later than the fifth day of the calendar
month following the month covered by the report. A report shall be
sent for each calendar month during which the pilot project
established under division (B) of this section is in existence.
(3) Upon receipt of the reports pursuant to division (H)(2)
of this section, the Lorain County Narcan Task Force and the Ohio
Department of Health each shall conduct a separate study of the
effectiveness of the pilot project established under division (B)
of this section and each shall prepare a separate report that
contains the Task Force's or Department's findings and
recommendation as to whether the pilot project should be continued
in Lorain County, whether similar pilot projects should be
established in counties other than Lorain County, whether state
law should be amended to provide for naloxone distribution and use
by emergency responders throughout the state in a manner similar
to the distribution and use in Lorain County under the pilot
project, or whether the pilot project should expire without
extension, expansion, or adoption on a statewide basis.
Not later than the first day of the fourth month following
the end of the pilot project, the Lorain County Narcan Task Force
and the Ohio Department of Health each shall send a copy of its
report required by this division to the Governor, the President
and Minority Leader of the Senate, the Speaker and Minority Leader
of the House of Representatives, and the Director of the
Department of Alcohol and Drug Addiction Services.
(I) The Lorain County Coroner shall develop a uniform
standardized reporting form to be used by emergency medical
service organizations, law enforcement agencies, and firefighting
agencies to make the monthly reports required by division (H)(2)
of this section.
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