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.

Bill Text

• Printer's No. PN3839 View text Current pdf

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

The bill expands liability protections related to the prescribing and administration of opioid antagonists, including expired ones, to various entities and individuals.

• Section 13.8(e)

  (2) The immunity under paragraph (1) shall not apply to a health professional who acts with intent to harm or with reckless indifference to a substantial risk of harm.

  This addition clarifies that immunity from liability does not apply if the health professional acts with harmful intent or reckless indifference.

• Section 13.8(f)

  (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 new subsection grants liability protection to municipalities and organizations for distributing expired opioid antagonists.

• Section 13.8(f)(2)

  Receipt of training and instructional materials that meet the criteria of subsection (a) and the prompt seeking of additional medical assistance shall create a rebuttable presumption that the person acted with reasonable care in administering an opioid antagonist.

  This strikes the specific presumption of reasonable care related to training and seeking medical assistance.

• 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:

  This change clarifies the definitions provided in the section, initially stating them as a term definition.

• Section 13.8(h)

  "Expired opioid antagonist" means an opioid antagonist that has an expiration date that is less than five years from the date of use.

  This defines expired opioid antagonists for legal and regulatory clarity.

• Section 13.8(h)

  "Municipality" means a city, borough, incorporated town or township.

  This defines what constitutes a municipality in the context of the legislation.

• Section 13.8(h)

  "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 redefines opioid antagonist for clarity in terms of approved substances.

Action History

1. August 25, 2026

   Referred to Health

Sponsors

• Dan K. Williams · Cosponsor
• Benjamin V. Sanchez · Cosponsor
• Lindsay Powell · Cosponsor
• Ben Waxman · Cosponsor
• Liz Hanbidge · Primary

Subjects