SF 1900

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/15/2014 11:07am

A bill for an act
relating to health; providing for drug 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, chapter 604A.

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, including administration of an opiate antagonist.
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:

Subd. 12.

Administration of opiate antagonists for drug overdose.

(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:

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

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

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

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

(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

(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.

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

Sec. 3.

[604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.

Subdivision 1.

Definitions; opiate antagonist.

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.

Subd. 2.

Authority to possess and administer opiate antagonists; release from
liability.

(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.

(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.

Subd. 3.

Health care professionals; release from liability.

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.

EFFECTIVE DATE.

This section is effective the day following final enactment,
and applies to actions arising from incidents occurring on or after that date.

Sec. 4.

[604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.

Subdivision 1.

Person seeking medical assistance; immunity from prosecution.

A person acting in good faith who seeks medical assistance for another person who is
experiencing a drug-related overdose may not be charged or prosecuted for the possession,
sharing, or use of a controlled substance under sections 152.023, subdivision 2, clauses (4)
and (6), 152.024, or 152.025, or possession of drug paraphernalia. A person qualifies for
the immunities provided in this subdivision only if:

(1) the evidence for the charge or prosecution was obtained as a result of the person's
seeking medical assistance for another person; and

(2) the person seeks medical assistance for another person who is in need of medical
assistance for an immediate health or safety concern, provided that the person who seeks
the medical assistance is the first person to seek the assistance, provides a name and
contact information, remains on the scene until assistance arrives or is provided, and
cooperates with the authorities.

Good faith does not include seeking medical assistance during the course of the
execution of an arrest warrant or search warrant or a lawful search.

Subd. 2.

Person experiencing an overdose; immunity from prosecution.

A
person who experiences a drug-related overdose and is in need of medical assistance may
not be charged or prosecuted for possession of a controlled substance under sections
152.023, subdivision 2, clauses (4) and (6), 152.024, or 152.025, or possession of drug
paraphernalia. A person qualifies for the immunities provided in this subdivision only
if the evidence for the charge or prosecution was obtained as a result of the drug-related
overdose and the need for medical assistance.

Subd. 3.

Persons on probation or release.

A person's pretrial release, probation,
furlough, supervised release, or parole shall not be revoked based on an incident for which
the person would be immune from prosecution under subdivision 1 or 2.

Subd. 4.

Effect on other criminal prosecutions.

(a) The act of providing first aid or
other medical assistance to someone who is experiencing a drug-related overdose may be
used as a mitigating factor in a criminal prosecution for which immunity is not provided.

(b) Nothing in this section shall:

(1) be construed to bar the admissibility of any evidence obtained in connection with
the investigation and prosecution of other crimes or violations committed by a person who
otherwise qualifies for limited immunity under this section;

(2) preclude prosecution of a person on the basis of evidence obtained from an
independent source;

(3) be construed to limit, modify, or remove any immunity from liability currently
available to public entities, public employees by law, or prosecutors; or

(4) prevent probation officers from conducting drug testing of persons on pretrial
release, probation, furlough, supervised release, or parole.

Subd. 5.

Drug-related overdose defined.

As used in this section, "drug-related
overdose" means an acute condition, including mania, hysteria, extreme physical illness,
or coma, resulting from the consumption or use of a controlled substance, or another
substance with which a controlled substance was combined, and that a layperson would
reasonably believe to be a drug overdose that requires immediate medical assistance.

EFFECTIVE DATE.

This section is effective July 1, 2014, and applies to actions
arising from incidents occurring on or after that date.

Sec. 5. CITATION.

Sections 3 and 4 may be known and cited as "Steve's Law."