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SF 1900

as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 09:49am

KEY: stricken = removed, old language.
underscored = added, new language.
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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:

Section 1.

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'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:
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's 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. 2.

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. 3.

new text begin [604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Person seeking medical assistance; immunity from prosecution.
new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Person experiencing an overdose; immunity from prosecution. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Effect on other criminal prosecutions. new text end

new text begin (a) The immunity provisions of
this section do not preclude prosecution of the person on the basis of evidence obtained
from an independent source.
new text end

new text begin (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.
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 beginCITATION.
new text end

new text begin Sections 2 and 3 may be known and cited as "Steve's Law."
new text end