SB 272 — Relating generally to drug control

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Committee Substitute for Senate Bill 272 By Senators Carmichael (Mr.

President) and Prezioso (By Request of the Executive) [Originating[Passed inMarch the7, Committee2018; on Health and Human Resources;

reportedin oneffect January90 31,days 2018]from passage]     AAN BILLACT to amend and reenact §16-5T-4 of the Code of West Virginia, 1931, as amended;

to amend and reenact §16-46-4;§16-46-4 of said code;

and to amend said code by adding thereto a new section, designated §16-46-7, all relating generally to drug control;

requiring hospitalreports emergency rooms and departments, as well as certain other law-enforcement and medical care providers, to report suspected or confirmed drug overdoses and other drug-related instances to the Office of Drug Control Policy;

requiring local and state governmental agencies to require first responders,responders regardless of frequency of drug overdoses in their communities, to carry Naloxone and be trained in its use subject to fundingcertain andconditions; availability;

requiring governmental agencies to require first responders to be trained in Naloxone use;

providing that Naloxone is subject to funding and availability;

(1) An emergency medical or law-enforcement response to a suspected, or reported, or confirmed overdose, or a response in which an overdose is identified by the responders;

(b) The following entities shall be required to report information contained in subsection (a) of this section §16-5T-4(a) of this code:

and (5) Emergency response providers;

(a) AuthorizingThe participation.Director of the Office of Drug Control Policy shall establish a Community Overdose Response Demonstration Pilot Project, to be continued for a period of four years, to develop model government programs to promote public health and general welfare through a comprehensive community-based response to drug overdoses in communities across West Virginia.  (b) The purpose of the demonstration pilot project is the development of community programs that will focus and use existing resources of government agencies to create outreach programs to educate concerned family and community members, including first responders, to recognize an opioid overdose, and to immediately respond with life-saving measures and quick response teams comprised of law enforcement, emergency medical personnel, and a trained opiate case manager to conduct an in-home visit within one week of an overdose.

Effective(c) JulyThe 1,objective 2018, the Director of the Officedemonstration ofpilot Drugproject Controlis Policy shall establish a Community Overdose Response Demonstration Pilot Project, to beimprove continued for a period of four years, to develop model government programs to promote public health andby generaladdressing welfaredrug overdoses through a comprehensive community-basedcommunity responsedevelopment toplan. drug overdoses in communities across West Virginia.  (b) Purpose.

The purposeplan ofshould theserve demonstrationas pilota projectmodel isto theimprove developmentpublic ofhealth community programs that will focus and useeducation existingthrough resourcesa ofcomprehensive governmentcommunity-based agenciesresponse to createdrug outreachoverdoses programsacross tothe educatestate.   concerned(d) familyCommunities andthat communityexperience members,a includinghigh firstfrequency responders,of todrug recognizeoverdoses, ancompared opioid overdose, and to immediately respond with life-savingnational measuresaverages andas quickdetermined responseby teamsthe comprisedOffice of lawDrug enforcement,Control emergencyPolicy, medicalare personnel,eligible andfor aparticipation trainedin opiatethe casedemonstration managerpilot toproject. conduct an in-home visit within one week of an overdose.

(c)(e) Objective.The demonstration pilot project shall be developed and administered by the Office of Drug Control Policy to encourage state and local agencies and community groups to work together and coordinate government and community responses to drug overdoses, and identify new and existing funds, personnel, and other existing resources available for the demonstration pilot project.

The objective of the demonstration pilot project is to improve public health by addressing drug overdoses through a comprehensive community development plan.  The plan should serve as a model to improve public health and education through a comprehensive community-based response to drug overdoses across the state.   (d) Eligibility.

Communities that experience a high frequency of drug overdoses as compared with national averages as determined by the Office of Drug Control Policy are eligible for participation in the demonstration pilot project.

(e) Administration.

The demonstration pilot project shall be developed and administered by the Office of Drug Control Policy to encourage state and local agencies and community groups to work together and coordinate government and community responses to drug overdoses, and identify new and existing funds, personnel and other existing resources available for the demonstration pilot project.

(f) Resources.The demonstration project may receive funding and other committed resources from federal, state, or local government and community groups.

The(g) demonstrationA projectcommunity maydesiring receiveto fundingparticipate andin otherthe committeddemonstration resourcesproject fromshall federal,submit state,a orplan localto governmentthe anddirector communitythat groups.provides for the following elements:

  (g) Plan.  Any community desiring to participate in the demonstration project shall submit a plan to the Director that provides for the following elements:

(h) Selection.  By majority vote, the Governor’s Advisory Council on Substance Use Disorder Policy created pursuant to Executive Order 10-17 may select one or more communities from those that submit plans for participation in the demonstration pilot project.

(i) Reporting requirements.  Commencing December 1, 2018, and each year thereafter, each participating community shall give a progress report to the Directordirector and commencing January 1, 2019, and each year thereafter, the Directordirector shall give a summary report of all the participating communities to the Legislative Oversight Commission ofon Health and Human Resources Accountability as established in §16-29E-1 et seq.

of this code, on progress made by the pilot demonstration projectproject, including suggested legislation, necessary changes to the demonstration pilot projectproject, and suggested expansion of the demonstration project.

(k) TerminationThe ofdemonstration theproject demonstrationterminates piloton project.July 1, 2022.

TheARTICLE demonstration46. project terminates on July 1, 2022.

ACCESS TO OPIOID ANTAGONISTS.

Possession and administration of an opioid antagonist by an initial responders;

(a) AnLocal and state governmental agencies that employ initial responderresponders whomust isprovide notopioid otherwiseantagonist authorizedrescue kits to administertheir opioidinitial antagonistsresponders, mayrequire possessinitial opioidresponders antagoniststo insuccessfully complete the coursetraining ofrequired hisby or§16-46-6(b) herof professionalthis dutiescode, asand anrequire the initial responderresponders andto administercarry anthe opioid antagonist rescue kits in anaccordance emergencywith situationagency if:procedures so as to optimize the initial responders’ capacity to timely assist in the prevention of opioid overdoses:

(1)Provided, TheThat initiala responderlocal hasor successfullystate completedgovernmental theagency traininghas requireddesignated bysufficient subsectionfunding (b),or sectionsupplies six of thisopioid article;antagonist rescue kits.

and(b) (2)In Thethe administrationabsence thereofof isgross donenegligence afteror consultationwillful withmisconduct, medicalnothing command,in asthis definedsection shall be construed to impose civil or criminal liability on a local or state governmental agency or an initial responder acting in subdivisiongood (k),faith sectionin three,the articleadministration four-cor provision of thisan chapter:opioid antagonist in cases where an individual appears to be experiencing an opioid overdose.

Provided,(c) ThatAs anused initialin responderthis maysection, administer an opioid“opioid antagonist withoutrescue consultingkit” medicalmeans commanda ifkit hecontaining: or she is unable to so consult due to an inability to contact medical command because of circumstances outside the control of the initial responder or if there is insufficient time for the consultation based upon the emergency conditions presented.

Local and state governmental agencies that employ initial responders must provide opioid antagonist rescue kits to their initial responders, require initial responders to successfully complete the training required by §16-46-6(b) of this code, and require the initial responders to carry the opioid antagonist rescue kits in accordance with agency procedures so as to optimize the initial responders’ capacity to timely assist in the prevention of opioid overdoses:

Provided, That a local or state governmental agency has sufficient funding or supplies of opioid antagonist rescue kits.

(b) An initial responder who meets the requirements of subsection (a) of this section, acting in good faith, is not, as a result of his or her actions or omissions, subject to civil liability or criminal prosecution arising from or relating to the administration of the opioid antagonist unless the actions or omissions were are the result of the initial responder's gross negligence or willful misconduct Nothing in this section shall be construed to impose civil or criminal liability on a local or state governmental agency or an initial responder when ordinary care is used in the administration or provision of an opioid antagonist in cases where an individual appears to be experiencing an opioid overdose.

(c) As used in this section an “opioid antagonist rescue kit” means a kit containing:

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