II 

117TH CONGRESS 

2D SESSION S. 4782 

To combat the fentanyl crisis. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 4, 2022 

Mr. SCOTT of Florida introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To combat the fentanyl crisis. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Streamlining Text for 

5 Official Policy by Formulating Effective Needed Tools to 

6 Address Narcotics, Yearly Loss of life and Protect Ameri7 cans from Chemical Killers and Against Gangs Effectively 

8 Act’’ or the ‘‘STOP FENTANYL PACKAGE’’. 

9 SEC. 2. LIABILITY PROTECTIONS FOR OPIOID OVERDOSE 

10 REVERSAL DRUGS. 

11 (a) DEFINITIONS.—In this section: 


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1 (1) FIRST RESPONDER.—The term ‘‘first re2 sponder’’ means— 

3 (A) a first responder as defined in section 

4 3025 of the Omnibus Crime Control and Safe 

5 Streets Act of 1968 (34 U.S.C. 10705); or 

6 (B) a special agent or task force officer of 

7 the Drug Enforcement Administration. 

8 (2) HEALTH CARE PROVIDER.—The term 

9 ‘‘health care provider’’ has the meaning given such 

10 term in section 101 of the Family and Medical 

11 Leave Act of 1993 (29 U.S.C. 2611). 

12 (3) LAY ADMINISTRATOR.—The term ‘‘lay ad13 ministrator’’— 

14 (A) means— 

15 (i) an individual at risk of undergoing 

16 an opioid-related overdose; 

17 (ii) an individual in a position to as18 sist an individual at risk of undergoing an 

19 opioid-related overdose, including a family 

20 member or friend of such an individual at 

21 risk; or 

22 (iii) an employee or volunteer of a 

23 community-based organization; and 

24 (B) excludes a first responder as defined in 

25 paragraph (1). 


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1 (4) OPIOID OVERDOSE REVERSAL DRUG.—The 

2 term ‘‘opioid overdose reversal drug’’ means a drug 

3 approved under section 505 of the Federal Food, 

4 Drug, and Cosmetic Act (21 U.S.C. 355) that is de5 signed to rapidly reverse the effects of an opioid-re6 lated overdose. 

7 (b) HEALTH CARE PROVIDERS.— 

8 (1) AUTHORITY.— 

9 (A) IN GENERAL.—A health care provider, 

10 engaged in or affecting interstate or foreign 

11 commerce, may, subject to subparagraphs (B) 

12 and (C), prescribe, dispense, or distribute an 

13 opioid overdose reversal drug to— 

14 (i) an individual at risk of undergoing 

15 an opioid-related overdose; or 

16 (ii) an individual who is in a position 

17 to assist an individual at such risk, includ18 ing a family member or friend of such an 

19 individual at risk. 

20 (B) EDUCATION AND TRAINING REQUIRE21 MENTS.—Upon prescribing, dispensing, or dis22 tributing an opioid overdose reversal drug to 

23 any individual as described in subparagraph 

24 (A), a health care provider (or designated staff 

25 of such provider) shall provide to that indiVerDate Sep 11 2014 16:29 Aug 18, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4782.IS S4782

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1 vidual (or, with respect an individual described 

2 in subparagraph (A)(i), a family member or 

3 caregiver of such individual as the health care 

4 provider determines appropriate) education and 

5 training that includes information on— 

6 (i) the importance of seeking medical 

7 care for the individual undergoing the 

8 opioid-related overdose immediately after 

9 the drug is administered; 

10 (ii) how to access substance use dis11 order treatment services; 

12 (iii) how the opioid overdose reversal 

13 drug operates to stop an opioid-related 

14 overdose; 

15 (iv) when the administration of the 

16 opioid overdose reversal drug is medically 

17 indicated; 

18 (v) how to properly administer the 

19 opioid overdose reversal drug and cir20 cumstances under which administration of 

21 the opioid overdose reversal drug is contra22 indicated; 

23 (vi) precautions, warnings, and poten24 tial reactions with respect to the opioid 

25 overdose reversal drug; 


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1 (vii) techniques on how to recognize 

2 symptoms of an opioid-related overdose; 

3 (viii) standards and procedures for the 

4 storage of the drug; 

5 (ix) proper disposal of expired opioid 

6 overdose reversal drugs; and 

7 (x) emergency follow-up procedures. 

8 (C) RECORDS.—A health care provider 

9 shall maintain a record of each individual to 

10 whom the health care provider (or designated 

11 staff) has provided the education and training 

12 under subparagraph (B). Each such record 

13 shall be maintained for a period of 2 years be14 ginning on the date on which the health care 

15 provider (or designated staff) provides the edu16 cation and training. 

17 (2) LIABILITY.— 

18 (A) IN GENERAL.—A health care provider, 

19 engaged in or affecting interstate or foreign 

20 commerce, shall be immune from civil liability, 

21 criminal prosecution, or disciplinary or other 

22 adverse action under any professional licensing 

23 statute for any outcomes resulting from— 

24 (i) an action taken by the provider 

25 that is authorized under paragraph (1); or 


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1 (ii) the administration by a person 

2 other than the health care provider of the 

3 opioid overdose reversal drug to an indi4 vidual regardless of whether that individual 

5 is the person to whom the provider pre6 scribed the drug. 

7 (B) EXCEPTION.—Subparagraph (A) shall 

8 not apply in the case that personal injury re9 sults from the gross negligence or willful or 

10 wanton misconduct of the health care provider. 

11 (c) FIRST RESPONDERS.— 

12 (1) AUTHORITY.— 

13 (A) IN GENERAL.—A first responder, en14 gaged in or affecting interstate or foreign com15 merce, may, subject to subparagraphs (B) and 

16 (C), receive a prescription or supply allocation 

17 for an opioid overdose reversal drug (including 

18 through a standing order), maintain the drug in 

19 the possession of the first responder, administer 

20 the drug to any individual who is undergoing or 

21 whom the responder believes is undergoing an 

22 opioid-related overdose, or distribute the drug 

23 to an individual described in clause (i) or (ii) of 

24 subsection (b)(1)(A). 


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1 (B) EDUCATION AND TRAINING REQUIRE2 MENTS.— 

3 (i) IN GENERAL.—Prior to receiving a 

4 prescription or supply allocation for an 

5 opioid overdose reversal drug as described 

6 in subparagraph (A), a first responder 

7 shall— 

8 (I) complete the education and 

9 training provided by a health care 

10 provider (or designated staff) under 

11 subsection (b)(1)(B); or 

12 (II) review the Opioid Overdose 

13 Prevention Toolkit published by the 

14 Substance Abuse and Mental Health 

15 Services Administration (or a suc16 cessor publication), or a substantially 

17 similar publication from the applicable 

18 State public health agency. 

19 (ii) RENEWALS.—The requirement 

20 under clause (i) to complete the education 

21 and training or review the toolkit described 

22 in such clause shall be completed not less 

23 than once every 2 years. 

24 (C) RECORDS.—A first responder shall 

25 maintain— 


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1 (i) a record of each instance in which 

2 the first responder administers or distrib3 utes an opioid overdose reversal drug in 

4 accordance with subparagraph (A) for a 

5 period of 2 years beginning on the date on 

6 which the first responder administers or 

7 distributes the drug; and 

8 (ii) verification that the first re9 sponder has complied with the require10 ments under subparagraph (B) for a pe11 riod of 2 years following each completion 

12 or review described in such subparagraph. 

13 (2) LIABILITY.— 

14 (A) IN GENERAL.—A first responder who 

15 takes any action authorized under paragraph 

16 (1) shall be immune from civil liability, criminal 

17 prosecution, or disciplinary or other adverse ac18 tion under any professional licensing statute for 

19 any outcomes resulting from such action. 

20 (B) EXCEPTION.—Subparagraph (A) shall 

21 not apply in the case that personal injury re22 sults from the gross negligence or willful or 

23 wanton misconduct of the first responder. 

24 (d) LAY ADMINISTRATORS.— 

25 (1) AUTHORITY.— 


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1 (A) IN GENERAL.—A lay administrator, 

2 engaged in or affecting interstate or foreign 

3 commerce, may, subject to subparagraphs (B) 

4 and (C), receive a prescription for an opioid 

5 overdose reversal drug (including through a 

6 standing order), maintain the drug in the pos7 session of the lay administrator, and administer 

8 the drug to— 

9 (i) in the case of a lay administrator 

10 described in subsection (a)(3)(A)(i), the lay 

11 administrator; 

12 (ii) in the case of a lay administrator 

13 described in subsection (a)(3)(A)(ii), the 

14 individual at risk described in such sub15 section; or 

16 (iii) in the case of a lay administrator 

17 described in subsection (a)(3)(A)(iii), any 

18 individual who is undergoing, or who is be19 lieved to be undergoing an opioid-related 

20 overdose, and is being served through the 

21 organization described in such subsection. 

22 (B) EDUCATION AND TRAINING REQUIRE23 MENTS.— 

24 (i) IN GENERAL.—Prior to receiving a 

25 prescription for an opioid overdose reversal 


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1 drug as described in subparagraph (A), a 

2 lay administrator shall— 

3 (I) complete the education and 

4 training provided by a health care 

5 provider (or designated staff) under 

6 subsection (b)(1)(B); or 

7 (II) review the Opioid Overdose 

8 Prevention Toolkit published by the 

9 Substance Abuse and Mental Health 

10 Services Administration (or a suc11 cessor publication), or a substantially 

12 similar publication from the applicable 

13 State public health agency. 

14 (ii) RENEWALS.—The requirement 

15 under clause (i) to complete the education 

16 and training or review the toolkit described 

17 in such clause shall be completed not less 

18 than once every 2 years. 

19 (C) RECORDS.—A lay administrator shall 

20 maintain verification that the lay administrator 

21 has complied with the requirements under sub22 paragraph (B) for a period of 2 years following 

23 each completion or review described in such 

24 subparagraph. 

25 (2) LIABILITY.— 


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1 (A) IN GENERAL.—A lay administrator 

2 who takes any action authorized under para3 graph (1) shall be immune from civil liability, 

4 criminal prosecution, or disciplinary or other 

5 adverse action under any professional licensing 

6 statute (including any penalties for the unau7 thorized practice of medicine) for any outcomes 

8 resulting from such action. 

9 (B) EXCEPTION.—Subparagraph (A) shall 

10 not apply in the case that personal injury re11 sults from the gross negligence or willful or 

12 wanton misconduct of the lay administrator. 

13 (3) SENSE OF CONGRESS.—It is the sense of 

14 Congress that a lay administrator should— 

15 (A) call 9–1–1 immediately following ad16 ministering an opioid overdose reversal drug to 

17 an individual as described in paragraph (1)(A); 

18 and 

19 (B) report to a first responder— 

20 (i) the name, address, and phone 

21 number of any individual for whom the 

22 opioid overdose reversal drug was adminis23 tered as described in such paragraph; and 


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1 (ii) the status as an injection or spray 

2 of the opioid overdose reversal drug used 

3 in such administration. 

4 (e) PREEMPTION.—This section shall preempt any 

5 State law that conflicts with the authorities and protec6 tions provided under this section, except in the case of a 

7 State law that provides greater protection from liability 

8 than the protection provided under this section. 

9 (f) SUNSET.—This section shall cease to have any 

10 force or effect on the date that is 90 days after the last 

11 day of the public health emergency declared by the Sec12 retary of Health and Human Services under section 319 

13 of the Public Health Service Act (42 U.S.C. 247d) with 

14 respect to the opioid crisis, including any renewal of such 

15 emergency. 

16 SEC. 3. ACCURATE DATA ON OPIOID-RELATED OVERDOSES. 

17 The Secretary of Health and Human Services and the 

18 Attorney General may award grants to States, territories, 

19 and localities to support improved data and surveillance 

20 on opioid-related overdoses, including for activities to im21 prove postmortem toxicology testing, data linkage across 

22 data systems throughout the United States, electronic 

23 death reporting, or the comprehensiveness of data on fatal 

24 and nonfatal opioid-related overdoses. 


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1 SEC. 4. LAW ENFORCEMENT GRANTS. 

2 (a) IN GENERAL.—The Attorney General shall make 

3 grants to local law enforcement agencies and forensic lab4 oratories in communities with high rates of drug overdoses 

5 for the purpose of— 

6 (1) training to help officers identify overdoses; 

7 (2) upgrading essential systems for tracing 

8 drugs and processing samples in forensic labora9 tories to provide timely, accurate, and standard data 

10 reporting to the National Forensic Laboratory Infor11 mation System; or 

12 (3) training to better trace criminals through 

13 the darknet. 

14 (b) MANDATORY REPORTING.—None of the funds 

15 made under subsection (a) may be used by grantees that 

16 do not submit to the National Forensic Laboratory Infor17 mation System reports on overdose data. 

18 (c) FEDERAL LAW ENFORCEMENT TRAINING CEN19 TERS.—Federal Law Enforcement Training Centers shall 

20 provide training to State and local law enforcement agen21 cies on how to best coordinate with State and Federal 

22 partners for tracking drug-related activity. 

23 (d) COPS GRANTS.—Section 1701(b) of the Omni24 bus Crime Control and Safe Streets Act of 1968 (34 

25 U.S.C. 10381) is amended— 


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1 (1) in paragraph (22), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (23), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(24) to provide training and resources for con7 tainment devices to prevent secondary exposure to 

8 fentanyl and other substances for first responders.’’. 

9 SEC. 5. OFFICE OF NATIONAL DRUG CONTROL POLICY RE10 FORM. 

11 (a) SENSES OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the Director of the Office of National Drug 

14 Control Policy shall be a Cabinet-level position; and 

15 (2) nothing in this section shall affect the re16 porting structure of agencies with drug enforcement 

17 responsibilities. 

18 (b) REQUIREMENTS.—The Office of National Drug 

19 Control Policy shall— 

20 (1) document strategies for ensuring prevention 

21 of duplicating services and grant funding within Na22 tional Drug Control Program agencies; 

23 (2) collaborate with the National Center for 

24 Health Statistics and the National Forensic Labora25 tory Information System, including by working with 


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1 the Department of Justice to create national stand2 ards for submission data to ensure uniformity across 

3 the United States, including data from cases where 

4 the defendant pleads guilty; and 

5 (3) issue guidance that States and localities 

6 should record overdose deaths as homicides if there 

7 is sufficient evidence that the overdose was not self8 induced and intentional. 

9 (c) DRUG ENFORCEMENT ADMINISTRATION.— 

10 (1) IN GENERAL.—The Drug Enforcement Ad11 ministration shall develop uniform reporting stand12 ards for inputting data into the National Forensic 

13 Laboratory Information System for purity, formula14 tion, and weight to allow for better comparison 

15 across jurisdictions and between agencies and the 

16 sharing of data. 

17 (2) CLARIFICATION.—Nothing in paragraph (1) 

18 may be construed to require the creation of new or 

19 increased obligations or reporting requirements on 

20 State or local laboratories. 

21 (d) INTERAGENCY COORDINATING COUNCIL.—The 

22 Office of National Drug Control Policy, the Department 

23 of Justice, the Department of Health and Human Serv24 ices, and other National Drug Control Program agencies 

25 coordinate across agencies to limit duplication and ensure 


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1 uniform reporting standards and improve relationships be2 tween the agencies. 

3 (e) CONGRESSIONAL REVIEW ACT.—If the Office of 

4 National Drug Control Policy does not certify that a final 

5 rule made by a National Drug Control Program partici6 pant is consistent with the National Drug Control Policy, 

7 the rule shall be deemed to be submitted under section 

8 801(a)(1) of title 5, United States Code. 

9 (f) REPROGRAMMING AND TRANSFER REQUESTS.— 

10 Section 704(c)(4)(A) of the National Drug Control Policy 

11 Reauthorization Act of 1998 (21 U.S.C. 1703(c)(4)(A)) 

12 is amended by striking ‘‘approved’’ and inserting ‘‘de13 nied’’. 

14 SEC. 6. DEA TESTING. 

15 The Drug Enforcement Administration shall submit 

16 to Congress, as part of the annual budget process, a spe17 cific line item for the level of funding necessary for the 

18 Fentanyl Profiling Program. 

19 SEC. 7. STATE OPIOID RESPONSE GRANTS. 

20 The Assistant Secretary for Mental Health and Sub21 stance Use shall, to the extent practicable— 

22 (1) include in the annual report to Congress on 

23 the State Opioid Response Grants, authorized under 

24 the Consolidated Appropriations Act, 2022 (Public 

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1 cipients of such grants, accounting for variations in 

2 implementation; and 

3 (2) provide to recipients of such grants best 

4 practices on how to address opioid-related overdoses. 

Æ 


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