HF 2307

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 03:36pm

A bill for an act
relating to health; providing for drug and alcohol overdose prevention and
medical assistance; limiting liability; amending Minnesota Statutes 2012,
sections 144E.101, subdivision 6; 151.37, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapters 604A; 631.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
read:

Subd. 6.

Basic life support.

(a) Except as provided in paragraphs (e) and (f), a
basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
accompany the patient and provide a level of care so as to ensure that:

(1) life-threatening situations and potentially serious injuries are recognized;

(2) patients are protected from additional hazards;

(3) basic treatment to reduce the seriousness of emergency situations is administered;
and

(4) patients are transported to an appropriate medical facility for treatment.

(b) A basic life-support service shall provide basic airway management.

(c) A basic life-support service shall provide automatic defibrillation.

(d) A basic life-support service licensee's medical director may authorize ambulance
service personnel to perform intravenous infusion and use equipment that is within the
licensure level of the ambulance service new text begin , including administration of an opiate antagonist new text end .
Ambulance service personnel must be properly trained. Documentation of authorization
for use, guidelines for use, continuing education, and skill verification must be maintained
in the licensee's files.

(e) Upon application from an ambulance service that includes evidence demonstrating
hardship, the board may grant a variance from the staff requirements in paragraph (a) and
may authorize a basic life-support ambulance to be staffed by one EMT and one registered
emergency medical responder driver for all emergency ambulance calls and interfacility
transfers. The variance shall apply to basic life-support ambulances operated by the
ambulance service until the ambulance service renews its license. When a variance expires,
an ambulance service may apply for a new variance under this paragraph. For purposes of
this paragraph, "ambulance service" means either an ambulance service whose primary
service area is mainly located outside the metropolitan counties listed in section 473.121,
subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
Cloud; or an ambulance service based in a community with a population of less than 1,000.

(f) After an initial emergency ambulance call, each subsequent emergency ambulance
response, until the initial ambulance is again available, and interfacility transfers, may
be staffed by one registered emergency medical responder driver and an EMT. The
EMT must accompany the patient and provide the level of care required in paragraph
(a). This paragraph applies only to an ambulance service whose primary service area is
mainly located outside the metropolitan counties listed in section 473.121, subdivision
4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
ambulance based in a community with a population of less than 1,000 persons.

Sec. 2.

Minnesota Statutes 2012, section 151.37, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Administration of opiate antagonists for drug overdose. new text end

new text begin (a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
pursuant to section 147A.18, may authorize the following individuals to administer opiate
antagonists, as defined in section 604A.04, subdivision 1:
new text end

new text begin (1) an emergency medical responder registered pursuant to section 144E.27;
new text end

new text begin (2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
(d); and
new text end

new text begin (3) staff of community-based health disease prevention or social service programs.
new text end

new text begin (b) For the purposes of this subdivision, opiate antagonists may be administered by
one of these individuals only if:
new text end

new text begin (1) the licensed physician, licensed physician assistant, or licensed advanced
practice registered nurse has issued a standing order to, or entered into a protocol with,
the individual; and
new text end

new text begin (2) the individual has training in the recognition of signs of opiate overdose and the
use of opiate antagonists as part of the emergency response to opiate overdose.
new text end

new text begin (c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.
new text end

Sec. 3.

new text begin [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions; opiate antagonist. new text end

new text begin For purposes of this section, "opiate
antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
federal Food and Drug Administration for the treatment of a drug overdose.
new text end

new text begin Subd. 2. new text end

new text begin Authority to possess and administer opiate antagonists; release from
liability. new text end

new text begin (a) A person who is not a health care professional may possess or administer
an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
care professional pursuant to subdivision 3.
new text end

new text begin (b) A person who is not a health care professional who acts in good faith in
administering an opiate antagonist to another person whom the person believes in good
faith to be suffering a drug overdose is immune from criminal prosecution for the act and
is not liable for any civil damages for acts or omissions resulting from the act.
new text end

new text begin Subd. 3. new text end

new text begin Health care professionals; release from liability. new text end

new text begin A licensed health
care professional who is permitted by law to prescribe an opiate antagonist, if acting
in good faith, may directly or by standing order prescribe, dispense, distribute, or
administer an opiate antagonist to a person without being subject to civil liability or
criminal prosecution for the act. This immunity applies even when the opiate antagonist
is eventually administered in either or both of the following instances: (1) by someone
other than the person to whom it is prescribed; or (2) to someone other than the person
to whom it is prescribed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
actions arising from incidents occurring on or after that date.
new text end

Sec. 4.

new text begin [631.205] SEEKING MEDICAL ASSISTANCE; MITIGATING FACTOR.
new text end

new text begin The act of providing first aid to, or seeking medical assistance for, another person
experiencing an alcohol or drug overdose may be considered as a mitigating factor in a
related criminal prosecution against the actor under chapter 152 or 340A, in the event
that immunity is not provided by the prosecutor. For purposes of this section, seeking
medical assistance includes contacting a 911 operator, provided that the actor provides a
name and contact information.
new text end

Sec. 5. new text begin CITATION.
new text end

new text begin Sections 3 and 4 may be known and cited as "Steve's Law."
new text end