Bill Text: MN HF2307 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Drug overdose prevention and medical assistance provided, and liability limited.
Spectrum: Slight Partisan Bill (Democrat 12-7)
Status: (Introduced - Dead) 2014-05-08 - Author added Lillie [HF2307 Detail]
Download: Minnesota-2013-HF2307-Engrossed.html
1.2relating to health; providing for drug overdose prevention and medical assistance;
1.3limiting liability;amending Minnesota Statutes 2012, sections 144E.101,
1.4subdivision 6; 151.37, by adding a subdivision; proposing coding for new law
1.5in Minnesota Statutes, chapter 604A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
1.10basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
1.11accompany the patient and provide a level of care so as to ensure that:
1.12 (1) life-threatening situations and potentially serious injuries are recognized;
1.13 (2) patients are protected from additional hazards;
1.14 (3) basic treatment to reduce the seriousness of emergency situations is administered;
1.15and
1.16 (4) patients are transported to an appropriate medical facility for treatment.
1.17 (b) A basic life-support service shall provide basic airway management.
1.18 (c) A basic life-support service shall provide automatic defibrillation.
1.19 (d) A basic life-support service licensee's medical director may authorize ambulance
1.20service personnel to perform intravenous infusion and use equipment that is within the
1.21licensure level of the ambulance service, including administration of an opiate antagonist.
1.22Ambulance service personnel must be properly trained. Documentation of authorization
1.23for use, guidelines for use, continuing education, and skill verification must be maintained
1.24in the licensee's files.
2.1 (e) Upon application from an ambulance service that includes evidence demonstrating
2.2hardship, the board may grant a variance from the staff requirements in paragraph (a) and
2.3may authorize a basic life-support ambulance to be staffed by one EMT and one registered
2.4emergency medical responder driver for all emergency ambulance calls and interfacility
2.5transfers. The variance shall apply to basic life-support ambulances operated by the
2.6ambulance service until the ambulance service renews its license. When a variance expires,
2.7an ambulance service may apply for a new variance under this paragraph. For purposes of
2.8this paragraph, "ambulance service" means either an ambulance service whose primary
2.9service area is mainly located outside the metropolitan counties listed in section473.121,
2.10subdivision 4 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
2.11Cloud; or an ambulance service based in a community with a population of less than 1,000.
2.12 (f) After an initial emergency ambulance call, each subsequent emergency ambulance
2.13response, until the initial ambulance is again available, and interfacility transfers, may
2.14be staffed by one registered emergency medical responder driver and an EMT. The
2.15EMT must accompany the patient and provide the level of care required in paragraph
2.16(a). This paragraph applies only to an ambulance service whose primary service area is
2.17mainly located outside the metropolitan counties listed in section473.121, subdivision
2.184 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
2.19ambulance based in a community with a population of less than 1,000 persons.
2.20 Sec. 2. Minnesota Statutes 2012, section 151.37, is amended by adding a subdivision
2.21to read:
2.22 Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed
2.23physician, a licensed advanced practice registered nurse authorized to prescribe drugs
2.24pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
2.25pursuant to section 147A.18, may authorize the following individuals to administer opiate
2.26antagonists, as defined in section 604A.04, subdivision 1:
2.27(1) an emergency medical responder registered pursuant to section 144E.27;
2.28(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
2.29(d); and
2.30(3) staff of community-based health disease prevention or social service programs.
2.31(b) For the purposes of this subdivision, opiate antagonists may be administered by
2.32one of these individuals only if:
2.33(1) the licensed physician, licensed physician assistant, or licensed advanced
2.34practice registered nurse has issued a standing order to, or entered into a protocol with,
2.35the individual; and
3.1(2) the individual has training in the recognition of signs of opiate overdose and the
3.2use of opiate antagonists as part of the emergency response to opiate overdose.
3.3(c) Nothing in this section prohibits the possession and administration of naloxone
3.4pursuant to section 604A.04.
3.5 Sec. 3. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
3.6 Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
3.7antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
3.8federal Food and Drug Administration for the treatment of a drug overdose.
3.9 Subd. 2. Authority to possess and administer opiate antagonists; release from
3.10liability. (a) A person who is not a health care professional may possess or administer
3.11an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
3.12care professional pursuant to subdivision 3.
3.13(b) A person who is not a health care professional who acts in good faith in
3.14administering an opiate antagonist to another person whom the person believes in good
3.15faith to be suffering a drug overdose is immune from criminal prosecution for the act and
3.16is not liable for any civil damages for acts or omissions resulting from the act.
3.17 Subd. 3. Health care professionals; release from liability. A licensed health care
3.18professional who is permitted by law to prescribe an opiate antagonist, if acting in good
3.19faith, may directly or by standing order prescribe, dispense, distribute, or administer an
3.20opiate antagonist to a person without being subject to civil liability or criminal prosecution
3.21for the act. This immunity applies even when the opiate antagonist is eventually
3.22administered in either or both of the following instances: (1) by someone other than the
3.23person to whom it is prescribed; or (2) to someone other than the person to whom it is
3.24prescribed. This subdivision does not apply if the licensed health care professional is
3.25acting during the course of regular employment and receiving compensation or expecting
3.26to receive compensation for those actions.
3.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.28actions arising from incidents occurring on or after that date.
3.29 Sec. 4. [604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
3.30 Subdivision 1. Person seeking medical assistance; immunity from prosecution.
3.31A person acting in good faith who seeks medical assistance for another person who is
3.32experiencing a drug overdose may not be arrested, charged, prosecuted, or penalized, or
3.33have that person's property subject to civil forfeiture for the possession, sharing, or use
3.34of a controlled substance or drug paraphernalia; or a violation of a condition of pretrial
4.1release, probation, furlough, supervised release, or parole. A person qualifies for the
4.2immunities provided in this subdivision only if: (1) the evidence for the arrest, charge,
4.3prosecution, seizure, or penalty was obtained as a result of the person's seeking medical
4.4assistance for another person; and (2) the person seeks medical assistance for another
4.5person who is in need of medical assistance for an immediate health or safety concern,
4.6provided that the person who seeks the medical assistance is the first person to seek the
4.7assistance, provides the person's name and contact information, remains on the scene until
4.8assistance arrives and is provided, and cooperates with the authorities.
4.9 Subd. 2. Person experiencing an overdose; immunity from prosecution. A
4.10person who experiences a drug overdose and is in need of medical assistance may not be
4.11arrested, charged, prosecuted, or penalized, or have that person's property subject to civil
4.12forfeiture for: (1) the possession of a controlled substance or drug paraphernalia; or (2)
4.13a violation of a condition of pretrial release, probation, furlough, supervised release, or
4.14parole. A person qualifies for the immunities provided in this subdivision only if the
4.15evidence for the arrest, charge, prosecution, seizure, or penalty was obtained as a result
4.16of the drug overdose and the need for medical assistance.
4.17 Subd. 3. Effect on other criminal prosecutions. (a) The immunity provisions of
4.18this section do not preclude prosecution of the person on the basis of evidence obtained
4.19from an independent source.
4.20(b) The act of providing first aid or other medical assistance to someone who is
4.21experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution
4.22for which immunity is not provided.
4.23EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
4.24actions arising from incidents occurring on or after that date.
4.25 Sec. 5. CITATION.
4.26Sections 3 and 4 may be known and cited as "Steve's Law."
1.3limiting liability;amending Minnesota Statutes 2012, sections 144E.101,
1.4subdivision 6; 151.37, by adding a subdivision; proposing coding for new law
1.5in Minnesota Statutes, chapter 604A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
1.10basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
1.11accompany the patient and provide a level of care so as to ensure that:
1.12 (1) life-threatening situations and potentially serious injuries are recognized;
1.13 (2) patients are protected from additional hazards;
1.14 (3) basic treatment to reduce the seriousness of emergency situations is administered;
1.15and
1.16 (4) patients are transported to an appropriate medical facility for treatment.
1.17 (b) A basic life-support service shall provide basic airway management.
1.18 (c) A basic life-support service shall provide automatic defibrillation.
1.19 (d) A basic life-support service licensee's medical director may authorize ambulance
1.20service personnel to perform intravenous infusion and use equipment that is within the
1.21licensure level of the ambulance service, including administration of an opiate antagonist.
1.22Ambulance service personnel must be properly trained. Documentation of authorization
1.23for use, guidelines for use, continuing education, and skill verification must be maintained
1.24in the licensee's files.
2.1 (e) Upon application from an ambulance service that includes evidence demonstrating
2.2hardship, the board may grant a variance from the staff requirements in paragraph (a) and
2.3may authorize a basic life-support ambulance to be staffed by one EMT and one registered
2.4emergency medical responder driver for all emergency ambulance calls and interfacility
2.5transfers. The variance shall apply to basic life-support ambulances operated by the
2.6ambulance service until the ambulance service renews its license. When a variance expires,
2.7an ambulance service may apply for a new variance under this paragraph. For purposes of
2.8this paragraph, "ambulance service" means either an ambulance service whose primary
2.9service area is mainly located outside the metropolitan counties listed in section
2.10subdivision 4
2.11Cloud; or an ambulance service based in a community with a population of less than 1,000.
2.12 (f) After an initial emergency ambulance call, each subsequent emergency ambulance
2.13response, until the initial ambulance is again available, and interfacility transfers, may
2.14be staffed by one registered emergency medical responder driver and an EMT. The
2.15EMT must accompany the patient and provide the level of care required in paragraph
2.16(a). This paragraph applies only to an ambulance service whose primary service area is
2.17mainly located outside the metropolitan counties listed in section
2.184
2.19ambulance based in a community with a population of less than 1,000 persons.
2.20 Sec. 2. Minnesota Statutes 2012, section 151.37, is amended by adding a subdivision
2.21to read:
2.22 Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed
2.23physician, a licensed advanced practice registered nurse authorized to prescribe drugs
2.24pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
2.25pursuant to section 147A.18, may authorize the following individuals to administer opiate
2.26antagonists, as defined in section 604A.04, subdivision 1:
2.27(1) an emergency medical responder registered pursuant to section 144E.27;
2.28(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
2.29(d); and
2.30(3) staff of community-based health disease prevention or social service programs.
2.31(b) For the purposes of this subdivision, opiate antagonists may be administered by
2.32one of these individuals only if:
2.33(1) the licensed physician, licensed physician assistant, or licensed advanced
2.34practice registered nurse has issued a standing order to, or entered into a protocol with,
2.35the individual; and
3.1(2) the individual has training in the recognition of signs of opiate overdose and the
3.2use of opiate antagonists as part of the emergency response to opiate overdose.
3.3(c) Nothing in this section prohibits the possession and administration of naloxone
3.4pursuant to section 604A.04.
3.5 Sec. 3. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
3.6 Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
3.7antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
3.8federal Food and Drug Administration for the treatment of a drug overdose.
3.9 Subd. 2. Authority to possess and administer opiate antagonists; release from
3.10liability. (a) A person who is not a health care professional may possess or administer
3.11an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
3.12care professional pursuant to subdivision 3.
3.13(b) A person who is not a health care professional who acts in good faith in
3.14administering an opiate antagonist to another person whom the person believes in good
3.15faith to be suffering a drug overdose is immune from criminal prosecution for the act and
3.16is not liable for any civil damages for acts or omissions resulting from the act.
3.17 Subd. 3. Health care professionals; release from liability. A licensed health care
3.18professional who is permitted by law to prescribe an opiate antagonist, if acting in good
3.19faith, may directly or by standing order prescribe, dispense, distribute, or administer an
3.20opiate antagonist to a person without being subject to civil liability or criminal prosecution
3.21for the act. This immunity applies even when the opiate antagonist is eventually
3.22administered in either or both of the following instances: (1) by someone other than the
3.23person to whom it is prescribed; or (2) to someone other than the person to whom it is
3.24prescribed. This subdivision does not apply if the licensed health care professional is
3.25acting during the course of regular employment and receiving compensation or expecting
3.26to receive compensation for those actions.
3.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.28actions arising from incidents occurring on or after that date.
3.29 Sec. 4. [604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
3.30 Subdivision 1. Person seeking medical assistance; immunity from prosecution.
3.31A person acting in good faith who seeks medical assistance for another person who is
3.32experiencing a drug overdose may not be arrested, charged, prosecuted, or penalized, or
3.33have that person's property subject to civil forfeiture for the possession, sharing, or use
3.34of a controlled substance or drug paraphernalia; or a violation of a condition of pretrial
4.1release, probation, furlough, supervised release, or parole. A person qualifies for the
4.2immunities provided in this subdivision only if: (1) the evidence for the arrest, charge,
4.3prosecution, seizure, or penalty was obtained as a result of the person's seeking medical
4.4assistance for another person; and (2) the person seeks medical assistance for another
4.5person who is in need of medical assistance for an immediate health or safety concern,
4.6provided that the person who seeks the medical assistance is the first person to seek the
4.7assistance, provides the person's name and contact information, remains on the scene until
4.8assistance arrives and is provided, and cooperates with the authorities.
4.9 Subd. 2. Person experiencing an overdose; immunity from prosecution. A
4.10person who experiences a drug overdose and is in need of medical assistance may not be
4.11arrested, charged, prosecuted, or penalized, or have that person's property subject to civil
4.12forfeiture for: (1) the possession of a controlled substance or drug paraphernalia; or (2)
4.13a violation of a condition of pretrial release, probation, furlough, supervised release, or
4.14parole. A person qualifies for the immunities provided in this subdivision only if the
4.15evidence for the arrest, charge, prosecution, seizure, or penalty was obtained as a result
4.16of the drug overdose and the need for medical assistance.
4.17 Subd. 3. Effect on other criminal prosecutions. (a) The immunity provisions of
4.18this section do not preclude prosecution of the person on the basis of evidence obtained
4.19from an independent source.
4.20(b) The act of providing first aid or other medical assistance to someone who is
4.21experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution
4.22for which immunity is not provided.
4.23EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
4.24actions arising from incidents occurring on or after that date.
4.25 Sec. 5. CITATION.
4.26Sections 3 and 4 may be known and cited as "Steve's Law."
