A3288

An Act concerning treatment for drug overdose and amending and supplementing P.L.2013, c.46.

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

1. 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.

"Emergency medical response entity" means an organization, company, governmental entity, community-based program, or healthcare system that provides pre-hospital emergency medical services and assistance to opioid or heroin addicts or abusers in the event of an overdose. "Emergency medical response entity" includes, but is not limited to, a first aid, rescue and ambulance squad or other basic life support (BLS) ambulance provider; a mobile intensive care provider or other advanced life support (ALS) ambulance provider; an air medical service provider; or a fire-fighting company or organization, which squad, provider, company, or organization is qualified to send paid or volunteer emergency medical responders to the scene of an emergency.

"Emergency medical responder" means a person, other than a health care practitioner, who is employed on a paid or volunteer basis in the area of emergency response, including, but not limited to, an emergency medical technician, a mobile intensive care paramedic, or a fire fighter, acting in that person's professional capacity.

“First responder” means a law enforcement officer, paid or volunteer firefighter, emergency medical responder, or any other individual who, in the course of that individual’s employment, is dispatched to the scene of an emergency situation for the purpose of providing medical care or other assistance.

"Health care practitioner" means a prescriber, pharmacist, or other individual whose professional practice is regulated pursuant to Title 45 of the Revised Statutes, and who, in accordance with the practitioner's scope of professional practice, prescribes or dispenses an opioid antidote.

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

"Opioid antidote" means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose. "Opioid antidote includes, but is not limited to, naloxone hydrochloride, in any dosage amount, which is administered through nasal spray or any other FDA-approved means or methods.

"Patient" means a person who is at risk of an opioid overdose or a person who is not at risk of an opioid overdose who, in the person's individual capacity, obtains an opioid antidote from a health care practitioner, professional, or professional entity for the purpose of administering that antidote to another person in an emergency, in accordance with subsection c. of section 4 of P.L.2013, c.46 (C.24:6J-4). "Patient" includes a professional who is acting in that professional's individual capacity, but does not include a professional who is acting in a professional capacity.

"Prescriber" means a health care practitioner authorized by law to prescribe medications who, acting within the practitioner's scope of professional practice, prescribes an opioid antidote. "Prescriber" includes, but is not limited to, a physician, physician assistant, or advanced practice nurse.

"Professional" means a person, other than a health care practitioner, who is employed on a paid basis or is engaged on a volunteer basis in the areas of substance abuse treatment or therapy, criminal justice, or a related area, and who, acting in that person's professional or volunteer capacity, obtains an opioid antidote from a health care practitioner for the purposes of dispensing or administering that antidote to other parties in the course of business or volunteer activities. "Professional" includes, but is not limited to, a sterile syringe access program employee, or a law enforcement official.

"Professional entity" means an organization, company, governmental entity, community-based program, sterile syringe access program, or any other organized group that employs two or more professionals who engage, during the regular course of business or volunteer activities, in direct interactions with opioid or heroin addicts or abusers or other persons susceptible to opioid overdose, or with other persons who are in a position to provide direct medical assistance to opioid or heroin addicts or abusers in the event of an overdose.

"Recipient" means a patient, professional, professional entity, emergency medical responder, emergency medical response entity, school, school district, or school nurse who is prescribed or dispensed an opioid antidote in accordance with section 4 of P.L.2013, c.46 (C.24:6J-4).

(cf: P.L.2018, c.106, s.7)

2. (New section) A first responder who administers an opioid antidote or provides other emergency treatment to a person experiencing a drug overdose shall transport, or arrange for the transportation of, that person to a hospital emergency department, where the person shall be provided with any additional medical treatment for the overdose as may be necessary and, within the limits of available funds and resources, be provided with substance use disorder counseling and referrals to substance use disorder treatment resources. A first responder shall not be subject to any criminal or civil liability or any disciplinary action for any acts or omissions, undertaken in good faith, arising out of the transportation of, or failure to transport, a person treated for a drug overdose to as required under this paragraph.

3. This act shall take effect immediately.

STATEMENT

This bill requires first responders, including law enforcement officers, firefighters, and emergency medical responders, who administer an opioid antidote or provide other emergency treatment to a person experiencing a drug overdose, to transport or arrange for the transportation of that person to a hospital emergency department, where the person will receive any additional medical treatment for the overdose as may be necessary and, within the limits of available funds and resources, substance use disorder counseling and referrals to substance use disorder treatment resources.

The bill provides immunity from civil or criminal liability and from disciplinary actions for any act or omission, undertaken in good faith, arising out of the transportation of, or failure to transport, a person treated for a drug overdose.

It is the sponsor’s belief that requiring the transportation of drug overdose victims to hospital emergency departments will help encourage those individuals to seek treatment for their substance use disorder and may help prevent subsequent, and potentially fatal, drug overdoses.