as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 09:49am
A bill for an act
relating to health; providing for drug and alcohol overdose prevention and
medical assistance; limiting liability; amending Minnesota Statutes 2012, section
151.37, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 604A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 151.37, is amended by adding a
subdivision to read:
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(a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician's 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:
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(1) an emergency medical responder registered pursuant to section 144E.27;
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(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
(d); and
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(3) staff of community-based health disease prevention or social service programs.
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(b) For the purposes of this subdivision, opiate antagonists may be administered by
one of these individuals only if:
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(1) the licensed physician, licensed physician's assistant, or licensed advanced
practice registered nurse has issued a standing order to, or entered into a protocol with,
the individual; and
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(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.
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(c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.
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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.
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(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.
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(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.
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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.
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This section is effective August 1, 2014, and applies to
actions arising from incidents occurring on or after that date.
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A person acting in good faith who seeks medical assistance for another person who
is experiencing an alcohol or drug overdose may not be arrested, charged, prosecuted,
penalized, or have that person's property subject to civil forfeiture for: (1) the possession,
sharing, or use of a controlled substance or drug paraphernalia; (2) the procurement,
purchase, possession, or consumption of alcohol by someone under age 21; (3) providing
to or enabling consumption of alcohol by someone under age 21; or (4) a violation
of a condition of pretrial release, probation, furlough, or parole. A person qualifies for
the immunities provided in this subdivision only if the evidence for the arrest, charge,
prosecution, seizure, or penalty was obtained as a result of the person's seeking medical
assistance for another person.
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A
person who experiences an alcohol or drug overdose and is in need of medical assistance
may not be arrested, charged, prosecuted, penalized, or have that person's property subject
to civil forfeiture for: (1) the possession of a controlled substance or drug paraphernalia;
(2) the procurement, purchase, possession, or consumption of alcohol by someone under
age 21; (3) providing to or enabling consumption of alcohol by someone under age 21; or
(4) a violation of a condition of pretrial release, probation, furlough, or parole. A person
qualifies for the immunities provided in this subdivision only if the evidence for the arrest,
charge, prosecution, seizure, or penalty was obtained as a result of the alcohol or drug
overdose and the need for medical assistance.
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(a) The immunity provisions of
this section do not preclude prosecution of the person on the basis of evidence obtained
from an independent source.
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(b) The act of providing first aid or other medical assistance to someone who is
experiencing an alcohol or drug overdose may be used as a mitigating factor in a criminal
prosecution for which immunity is not provided.
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This section is effective August 1, 2014, and applies to
actions arising from incidents occurring on or after that date.
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Sections 2 and 3 may be known and cited as "Steve's Law."
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