An Act concerning administration of opioid antidotes by law enforcement officers, and amending P.L.2013, c.46.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2013, c.46 (C.24:6J-2) is amended to read as follows:

2. The Legislature finds and declares that encouraging witnesses and victims of drug overdoses to seek medical assistance saves lives and is in the best interests of the citizens of this State and, in instances where evidence was obtained as a result of seeking of medical assistance, these witnesses and victims should be protected from arrest, charge, prosecution, conviction, and revocation of parole or probation for possession or use of illegal drugs. Additionally, naloxone is an inexpensive and easily administered antidote to an opioid overdose. Encouraging the wider prescription and distribution of naloxone or similarly acting drugs to those at risk for an opioid overdose, or to members of their families or peers, and authorizing the administration of naloxone or similarly acting drugs by law enforcement officers in their professional practice, would reduce the number of opioid overdose deaths and be in the best interests of the citizens of this State. It is not the intent of the Legislature to protect individuals from arrest, prosecution or conviction for other criminal offenses, including engaging in drug trafficking, nor is it the intent of the Legislature to in any way [modify or] restrict the current duty and authority of law enforcement and emergency responders at the scene of a medical emergency or a crime scene, including the authority to investigate and secure the scene.

(cf: P.L.2013, c.46, s.2)

2. Section 3 of P.L.2013, c.46 (C.24:6J-3) is amended to read as follows:

3. As used in this act:

"Commissioner" means the Commissioner of Human Services.

"Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to require medical assistance.

"Health care professional" means a physician, physician assistant, advanced practice nurse, or other individual who is licensed or whose professional practice is otherwise regulated pursuant to Title 45 of the Revised Statutes, other than a pharmacist, and who, based upon the accepted scope of professional authority, prescribes or dispenses an opioid antidote.

"Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State, or of a political subdivision thereof, which employs law enforcement officers.

"Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.

"Medical assistance" means professional medical services that are provided to a person experiencing a drug overdose by a health care professional, acting within the scope of his or her lawful practice, including professional medical services that are mobilized through telephone contact with the 911 telephone emergency service.

"Opioid antidote" means naloxone hydrochloride or any other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

["Health care professional" means a physician, physician assistant, advanced practice nurse, or other individual who is licensed or whose professional practice is otherwise regulated pursuant to Title 45 of the Revised Statutes, other than a pharmacist, and who, based upon the accepted scope of professional authority, prescribes or dispenses an opioid antidote.]

"Overdose prevention information" means the training and educational materials described in subsection a. of section 5 of P.L.2013, c.46 (C.24:6J-5), which are provided to patients in accordance with that section, or to law enforcement officers in accordance with rules and regulations adopted by the commissioner pursuant to subsection c. of section 4 of P.L.2013, c.46 (C.24:6J-5).

"Patient" includes a person who is not at risk of an opioid overdose but who, [in the judgment of a physician, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by section 5 of this act on the indications for and administration of an opioid antidote] acting in their individual capacity, seeks to obtain an opioid antidote from a health care professional or pharmacist for administration to a third party who is at risk of an opioid overdose. "Patient" shall include a law enforcement officer who is acting in their capacity as an individual citizen, but shall not include a law enforcement officer who is acting in a professional capacity .

(cf: P.L.2013, c.46, s.3)

3. Section 4 of P.L.2013, c.46 (C.24:6J-4) is amended to read as follows:

4. a. A health care professional or pharmacist who, acting in good faith, directly or through a standing order, prescribes or dispenses an opioid antidote to [a] a law enforcement officer, or to any patient who is capable, in the judgment of the health care professional, of administering the opioid antidote in an emergency, shall not, as a result of the professional's acts or omissions, be subject to any criminal or civil liability, or any professional disciplinary action under Title 45 of the Revised Statutes for prescribing or dispensing an opioid antidote in accordance with [this act] P.L.2013, c.46 (C.24:6J-1 et seq.) .

b. A [person, other than a health care professional,] patient may [in an emergency] administer [, without fee,] an opioid antidote in an emergency, without fee, if the [person] patient has received [patient] overdose prevention information pursuant to section 5 of [this act] P.L.2013, c.46 (C.24:6J-5) and believes in good faith that another person is experiencing an opioid overdose. The [person] patient shall not, as a result of [the person's] their acts or omissions, be subject to any criminal or civil liability for administering an opioid antidote in accordance with [this act] P.L.2013, c.46 (C.24:6J-1 et seq.). In addition, the immunity provided [for in] by section 7 [or] and section 8 of P.L.2013, c.46 (C.2C:35-30 or C.2C:35-31) [also] shall also apply to a [person] patient acting pursuant to this [section] subsection, provided that the requirements of [section 7 or section 8 also] those sections have been met.

c. (1) A law enforcement officer may administer an opioid antidote in an emergency, without fee, if the law enforcement officer has received overdose prevention information in accordance with rules and regulations adopted by the commissioner; believes, in good faith, that another person is experiencing an opioid overdose; and carries, administers, and disposes of the opioid antidote and administration device in accordance with rules and regulations adopted by the commissioner. A law enforcement officer shall not, as a result of their acts or omissions, be subject to any criminal or civil liability or any professional disciplinary action for their good faith administration of an opioid antidote in the course of professional practice, in accordance with P.L.2013, c.46 (C.24:6J-1 et seq.) and the rules and regulations adopted pursuant to this subsection.

(2) The commissioner shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this subsection. The rules and regulations shall include, at a minimum: requirements for the dissemination of overdose prevention information to law enforcement officers and law enforcement agencies; procedures for distributing opioid antidotes to law enforcement officers and law enforcement agencies; and protocols for the storage, transport, administration, and disposal of opioid antidotes by these actors and entities. The commissioner shall consult with the Commissioner of Health, the Attorney General, and local prosecutors in adopting rules and regulations pursuant to this paragraph.

(cf: P.L.2013, c.46, s.4)

4. Section 5 of P.L.2013, c.46 (C.24:6J-5) is amended to read as follows:

5. a. A health care professional or pharmacist prescribing or dispensing an opioid antidote to a patient shall ensure that the patient receives [patient] overdose prevention information. [This] The requisite overdose prevention information shall include, but [is] need not be limited to: information on opioid overdose prevention and recognition; instructions on how to perform rescue breathing and resuscitation; information on opioid antidote dosage and instructions on opioid antidote administration; information describing the importance of calling 911 emergency telephone service for assistance with an opioid overdose; and instructions for appropriate care [for] of an overdose victim after administration of the opioid antidote.

b. (1) In order to fulfill the information distribution [of patient overdose information required by] requirements provided by subsection a. of this section, [the] overdose prevention information may be provided by the prescribing or dispensing health care professional or pharmacist, or by a community-based organization, substance abuse organization, or other organization [which] that addresses medical or social issues related to drug addiction [that] , and with which the health care professional or pharmacist, as appropriate, maintains a written agreement [with, and that includes] . Any such written agreement shall incorporate, at a minimum: procedures for [providing patient] the timely dissemination of overdose prevention information; information as to how employees or volunteers providing the information will be trained; and standards [for documenting the provision of patient overdose information to patients] for recordkeeping under paragraph (2) of this subsection.

[c.] (2) The provision of [patient] overdose prevention information shall be documented in the patient's medical record [by a health care professional] , if available; or in another appropriate record or log, if the patient's medical record is unavailable or inaccessible; or [through] in any other similar [means as determined by any] recordkeeping location, as specified in a written agreement [between a health care professional and an organization as set forth in] that has been executed pursuant to paragraph (1) of this subsection [b. of this section].

[d. The] c. In order to facilitate the provision of overdose prevention information pursuant to this section, the Commissioner of Human Services, in consultation with the Commissioner of Health, Statewide organizations representing physicians, advanced practice nurses, or physician assistants, [or] and organizations operating community-based programs, substance abuse programs, syringe access programs, or other programs which address medical or social issues related to drug addiction, [may] shall develop [and disseminate] training materials in video, electronic, or other appropriate formats , and disseminate these materials to health care professionals [or] , pharmacists, and organizations operating community-based programs, substance abuse programs, syringe access programs, or other programs which address medical or social issues related to drug addiction [, to facilitate the provision of patient overdose information] .

(cf: P.L.2013, c.46, s.5)

5. This act shall take effect on the first day of the fourth month next following the date of enactment, but the commissioner may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill would authorize State and local law enforcement officers to administer opioid antidotes to overdose victims in emergency situations, in the course of their professional practice. The bill would also grant immunity to these actors, under the "Overdose Prevention Act," P.L.2013, c.46, to protect them from liability stemming from their administration of an opioid antidote in accordance with the bill's provisions.

The bill would, in particular, authorize a law enforcement officer to administer an opioid antidote in an emergency if the officer has received overdose prevention information in accordance with rules and regulations adopted by the Commissioner of Human Services; believes, in good faith, that another person is experiencing an opioid overdose; and carries, administers, and disposes of the opioid antidote and administration device in accordance with rules and regulations adopted by the commissioner. The bill would require such rules and regulations, as well as rules and regulations governing the dispensation of opioid antidotes to law enforcement officers and law enforcement agencies, to be developed by the commissioner in consultation with the Commissioner of Health, the Attorney General, and the local prosecutors.

The bill would specify that a law enforcement officer who administers an opioid antidote in good faith, in the course of the officer's professional practice, and in accordance with the rules and regulations adopted by the commissioner, will be immune, under the Overdose Prevention Act, from civil, criminal, or professional liability stemming from their administration of the antidote. The bill would further clarify that a health care professional or pharmacist will be immune from civil, criminal, or professional liability under the Overdose Prevention Act if they prescribe or dispense an opioid antidote to a law enforcement officer.