HB 2749 — 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 medication.

Summary

Expired Naloxone

Bill Text

• Printer's No. 3839 View text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends the Controlled Substance, Drug, Device and Cosmetic Act to provide legal immunity for certain actions related to the prescription and administration of opioid antagonists.

• Section 13.8(e)

  (f.1) A municipality, local health department or community-based organization that provides or distributes an expired opioid antagonist shall not be subject to any criminal or civil liability for: (1) the dispensing or provision of the expired opioid antagonist under this section; or (2) any outcomes resulting from the eventual administration of the expired opioid antagonist.

  This addition provides immunity to municipalities and organizations distributing expired opioid antagonists.

• Section 13.8(f)

  (1) A person, law enforcement agency, fire department or fire company under subsection (b)(2) or (c) who, acting in good faith and with reasonable care, administers an opioid antagonist or an expired opioid antagonist to another person whom the person believes to be suffering an opioid-related drug overdose: (i) Shall be immune from criminal prosecution, sanction under any professional licensing statute and civil liability for such act. (ii) Shall not be subject to professional review for such act. (iii) Shall not be liable for any civil damages for acts or omissions resulting from such act.

  This change grants legal immunity to individuals and organizations administering opioid antagonists in good faith during overdose situations.

• Section 13.8(e)

  (1) A licensed health care professional who, acting in good faith, prescribes or dispenses an opioid antagonist or an expired opioid antagonist shall not be subject to any criminal or civil liability or any professional disciplinary action for: (i) such prescribing or dispensing; or (ii) any outcomes resulting from the eventual administration of the opioid antagonist.

  This amendment protects healthcare professionals from legal liability when they prescribe or dispense opioid antagonists in good faith.

• Section 13.8(h)

  [term "opioid antagonist" means a] → following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Expired opioid antagonist" means an opioid antagonist that has an expiration date that is less than five years from the date of use. "Municipality" means a city, borough, incorporated town or township. "Opioid antagonist" means a drug or device approved by the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for emergency reversal of known or suspected opioid overdose, including naloxone hydrochloride or other similarly acting drugs approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

  This change updates the definition of 'opioid antagonist' and clarifies the meaning of 'expired opioid antagonist' and 'municipality.'

Action History

1. August 25, 2026

   Referred to HEALTH, Aug. 25, 2026

Sponsors

• HANBIDGE · Primary
• WAXMAN · Cosponsor
• POWELL · Cosponsor
• SANCHEZ · Cosponsor
• D. WILLIAMS · Cosponsor

Subjects