II 

113TH CONGRESS 

2D SESSION S. 2092 

To provide certain protections from civil liability with respect to the emergency 

administration of opioid overdose drugs. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2014 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide certain protections from civil liability with respect 

to the emergency administration of opioid overdose drugs. 

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 ‘‘Opioid Overdose Re5 duction Act of 2014’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Overdoses from opioids have increased dra9 matically in the United States. 


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1 (2) Deaths from drug overdose, largely from 

2 prescription pain relievers, have tripled among men 

3 and increased fivefold among women over the past 

4 decade. 

5 (3) Nationwide, drug overdoses now claim more 

6 lives than car accidents. 

7 (4) Death from heroin and other opioid 

8 overdoses can be prevented if the person who 

9 overdosed is timely administered an opioid overdose 

10 drug. 

11 (5) Medical personnel as well as non-medical 

12 personnel can be trained to administer opioid over13 dose drugs safely and effectively. 

14 (6) Several States, including Massachusetts, 

15 have established programs allowing for the adminis16 tration of opioid overdose drugs by non-medical per17 sonnel, and those programs have saved lives. 

18 (7) The willingness of medical and non-medical 

19 personnel to administer opioid overdose drugs may 

20 be deterred by potential civil liability, and the will21 ingness of physicians to prescribe opioid overdose 

22 drugs to persons other than a patient may also be 

23 deterred by potential civil liability. 

24 (b) PURPOSE.—The purpose of this Act is to save 

25 the lives of people who intentionally or inadvertently overVerDate Mar 15 2010 01:22 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2092.IS S2092

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1 dose on heroin or other opioids by providing certain pro2 tections from civil liability with respect to the emergency 

3 administration of opioid overdose drugs. 

4 SEC. 3. DEFINITIONS. 

5 In this Act— 

6 (1) the term ‘‘health care professional’’ means 

7 a person licensed by a State to prescribe prescription 

8 drugs; 

9 (2) the term ‘‘opioid overdose drug’’ means a 

10 drug that, when administered, reverses in whole or 

11 part the pharmacological effects of an opioid over12 dose in the human body; and 

13 (3) the term ‘‘opioid overdose program’’ means 

14 a Federal, State, or local agency program or a pro15 gram funded by a Federal, State, or local govern16 ment that works to prevent opioid overdoses by, in 

17 part, providing opioid overdose drugs and education 

18 to individuals at risk of experiencing an opioid over19 dose or to a family member, friend, or other indi20 vidual in a position to assist an individual at risk of 

21 experiencing an opioid overdose. 

22 SEC. 4. PREEMPTION AND ELECTION OF STATE NON23 APPLICABILITY. 

24 (a) PREEMPTION.—Except as provided in subsection 

25 (b), this Act preempts the law of a State to the extent 


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1 that such law is inconsistent with this Act, except that 

2 this Act shall not preempt any State law that provides 

3 additional protection from liability relating to the adminis4 tration of opioid overdose drugs or that shields from liabil5 ity any person who provides or administers opioid overdose 

6 drugs. 

7 (b) ELECTION OF STATE REGARDING NONAPPLICA8 BILITY.—Sections 5, 6, and 7 shall not apply to any civil 

9 action in a State court against a person who administers 

10 opioid overdose drugs if— 

11 (1) all parties to the civil action are citizens of 

12 the State in which such action is brought; and 

13 (2) the State enacts legislation in accordance 

14 with State requirements for enacting legislation— 

15 (A) citing the authority of this subsection; 

16 (B) declaring the election of the State that 

17 such sections 5, 6, and 7 shall not apply, as of 

18 a date certain, to any civil actions covered by 

19 this Act; and 

20 (C) containing no other provisions. 

21 SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH 

22 CARE PROFESSIONALS WHO PROVIDE OPIOID 

23 OVERDOSE DRUGS. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, a health care professional who prescribes or 


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1 provides an opioid overdose drug to an individual at risk 

2 of experiencing an opioid overdose, or who prescribed or 

3 provided an opioid overdose drug to a family member, 

4 friend, or other individual in a position to assist an indi5 vidual at risk of experiencing an opioid overdose, shall not 

6 be liable for harm caused by the use of the opioid overdose 

7 drug if the individual to whom such drug is prescribed 

8 or provided has been educated about opioid overdose pre9 vention and treatment by the health care professional or 

10 as part of an opioid overdose program. 

11 (b) EXCEPTION.—Subsection (a) shall not apply to 

12 a health care professional if the harm was caused by the 

13 gross negligence or reckless misconduct of the health care 

14 professional. 

15 SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS 

16 WORKING FOR OR VOLUNTEERING AT A 

17 STATE OR LOCAL AGENCY OPIOID OVERDOSE 

18 PROGRAM. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, except as provided in subsection (b), no indi21 vidual who provides an opioid overdose drug shall be liable 

22 for harm caused by the emergency administration of an 

23 opioid overdose drug by another individual if the indi24 vidual who provides such drug— 


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1 (1) works for or volunteers at an opioid over2 dose program; and 

3 (2) provides the opioid overdose drug as part of 

4 the opioid overdose program to an individual author5 ized by the program to receive an opioid overdose 

6 drug. 

7 (b) EXCEPTION.—Subsection (a) shall not apply if 

8 the harm was caused by the gross negligence or reckless 

9 misconduct of the individual who provides the drug. 

10 SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS 

11 WHO ADMINISTER OPIOID OVERDOSE DRUGS. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, except as provided in subsection (b), no indi14 vidual shall be liable for harm caused by the emergency 

15 administration of an opioid overdose drug to an individual 

16 who has or reasonably appears to have suffered an over17 dose from heroin or other opioid, if— 

18 (1) the individual who administers the opioid 

19 overdose drug obtained the drug from a health care 

20 professional or as part of an opioid overdose pro21 gram; and 

22 (2) was educated by the health care professional 

23 or an opioid overdose program in the proper admin24 istration of the opioid antagonist drug. 


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1 (b) EXCEPTION.—Subsection (a) shall not apply to 

2 an individual if the harm was caused by the gross neg3 ligence or reckless misconduct of the individual who ad4 ministers the drug. 

Æ 


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