HB 137 — An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for drug overdose response immunity.

PRIOR PRINTER'S NO.

130 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2759137 THE2019 GENERALINTRODUCED ASSEMBLYBY OFQUINN, PENNSYLVANIAMcNEILL, HOUSECOX, BILLSAYLOR, SessionSIMMONS, HILL-EVANS, BARRAR, CONKLIN AND STRUZZI, JANUARY 28, 2019 REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019 AN ACT Ame"An act relating to the manufacture, sale and possession of No.controlled substances, other drugs, devices and cosmetics;

137conferring 2019powers INTRODUCEDon BYthe QUINN,courts McNEILL,and COX,the SAYLOR,secretary SIMMONS,and HILL-EVANS,Department BARRAR, CONKLIN, STRUZZI, STAATS, HAHN, KORTZ, EVERETT, JOHNSON-HARRELL AND ROTHMAN, JANUARY 28, 2019 AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2019 AN ACT Amending the act of AprilHealth, 14, 1972 (P.L.233, No.64), entitled "An act relating to the manufacture, sale and possessiona ofnewly conferringcreated powersPennsylvania onDrug, theDevice courts and theCosmetic secretaryBoard; andtics;

Department of Health, and a newly created Pennsylvania Drug, Device and Cosmetic Board;

requiring registration of persons engaged in the drug trade and for the revocation or suspension of certain licenses and registrations;drug overdose response immunity.act," further providing for The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

and repealing an act," further providing for drug overdose response immunity.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 13.7(c) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is amended AND THE SECTION IS AMENDED <-- BY ADDING A SUBSECTION to read:

Drug Overdose Response Immunity.--* * * (c) [Persons experiencing drug overdose events may not be <-- charged and shall be immune from prosecution as provided in subsection (b) [ifif a person who transported or reported and <-- remained with them may not be charged and is entitled to immunity under this section.] (1) A person experiencing a drug <-- overdose event may not be charged and shall be immune from prosecution if, within ten days after receiving medical attention for the drug overdose event, the person experiencing the drug overdose event obtained a screening and received a referral for treatment from a properly accredited addiction services provider, including a certified recovery specialist or other trained medical professional.

ONLY IF:

<-- (1) A PERSON WHO TRANSPORTED OR REPORTED AND REMAINED WITH THEM MAY NOT BE CHARGED AND IS ENTITLED TO IMMUNITY UNDER THIS SECTION;

AND (2) WITHIN THIRTY DAYS AFTER RECEIVING THE WRITTEN NOTICE UNDER SUBSECTION (C.1), THE PERSON EXPERIENCING THE DRUG OVERDOSE OBTAINS SCREENING AND, IF TREATMENT IS RECOMMENDED, RECEIVES A REFERRAL FOR TREATMENT FROM A PROPERLY ACCREDITED ADDICTION SERVICES PROVIDER OR PROFESSIONAL.

THE PERSON SHALL, IF REQUESTED BY THE ATTORNEY FOR THE COMMONWEALTH, ISSUING AUTHORITY OR TRIAL COURT, SUBMIT DOCUMENTATION VERIFYING THAT THE PERSON OBTAINED SCREENING AND, IF APPLICABLE, RECEIVED A REFERRAL FOR TREATMENT.

THE DOCUMENTATION SHALL BE LIMITED TO THE DATE AND TIME OF THE SCREENING OBTAINED AND, IF APPLICABLE, REFERRAL RECEIVED.

THIS PARAGRAPH SHALL NOT APPLY TO A PERSON THAT DEMONSTRATES A REASONABLE INABILITY TO PAY FOR OR OTHERWISE OBTAIN THE SCREENING AND REFERRAL.

(C.1) THE ARRESTING LAW ENFORCEMENT OFFICER, ATTORNEY FOR THE COMMONWEALTH, ISSUING AUTHORITY OR TRIAL COURT SHALL PROVIDE 20190HB0137PN2759 - 2 - WRITTEN NOTICE TO THE PERSON THAT EXPERIENCED THE DRUG OVERDOSE OF THE REQUIREMENTS SPECIFIED IN SUBSECTION (C)(2).

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