Bill Text: MN SF1900 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Steve's Law; ambulance service personnel drug overdose treatment authorization, drug overdose prevention, medical assistance (MA) authorization and liability limitation
Sponsorship: Slight Partisan Bill (Democrat 16-8)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 232 05/09/14 [SF1900 Detail]
Download: Minnesota-2013-SF1900-Engrossed.html
Bill Title: Steve's Law; ambulance service personnel drug overdose treatment authorization, drug overdose prevention, medical assistance (MA) authorization and liability limitation
Sponsorship: Slight Partisan Bill (Democrat 16-8)
Status: (Passed) 2014-05-12 - Secretary of State Chapter 232 05/09/14 [SF1900 Detail]
Download: Minnesota-2013-SF1900-Engrossed.html
1.2relating to health; providing for drug overdose prevention and medical assistance;
1.3limiting liability;amending Minnesota Statutes 2012, section 151.37, by adding a
1.4subdivision; proposing coding for new law in Minnesota Statutes, chapter 604A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 151.37, is amended by adding a
1.7subdivision to read:
1.8 Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed
1.9physician, a licensed advanced practice registered nurse authorized to prescribe drugs
1.10pursuant to section 148.235, or a licensed physician's assistant authorized to prescribe
1.11drugs pursuant to section 147A.18, may authorize the following individuals to administer
1.12opiate antagonists, as defined in section 604A.04, subdivision 1:
1.13(1) an emergency medical responder registered pursuant to section 144E.27;
1.14(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
1.15(d); and
1.16(3) staff of community-based health disease prevention or social service programs.
1.17(b) For the purposes of this subdivision, opiate antagonists may be administered by
1.18one of these individuals only if:
1.19(1) the licensed physician, licensed physician's assistant, or licensed advanced
1.20practice registered nurse has issued a standing order to, or entered into a protocol with,
1.21the individual; and
1.22(2) the individual has training in the recognition of signs of opiate overdose and the
1.23use of opiate antagonists as part of the emergency response to opiate overdose.
2.1(c) Nothing in this section prohibits the possession and administration of naloxone
2.2pursuant to section 604A.04.
2.3 Sec. 2. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
2.4 Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
2.5antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
2.6federal Food and Drug Administration for the treatment of a drug overdose.
2.7 Subd. 2. Authority to possess and administer opiate antagonists; release from
2.8liability. (a) A person who is not a health care professional may possess or administer
2.9an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
2.10care professional pursuant to subdivision 3.
2.11(b) A person who is not a health care professional who acts in good faith in
2.12administering an opiate antagonist to another person whom the person believes in good
2.13faith to be suffering a drug overdose is immune from criminal prosecution for the act and
2.14is not liable for any civil damages for acts or omissions resulting from the act.
2.15 Subd. 3. Health care professionals; release from liability. A licensed health care
2.16professional who is permitted by law to prescribe an opiate antagonist, if acting in good
2.17faith, may directly or by standing order prescribe, dispense, distribute, or administer an
2.18opiate antagonist to a person without being subject to civil liability or criminal prosecution
2.19for the act. This immunity applies even when the opiate antagonist is eventually
2.20administered in either or both of the following instances: (1) by someone other than the
2.21person to whom it is prescribed; or (2) to someone other than the person to whom it is
2.22prescribed. This subdivision does not apply if the licensed health care professional is
2.23acting during the course of regular employment and receiving compensation or expecting
2.24to receive compensation for those actions.
2.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.26actions arising from incidents occurring on or after that date.
2.27 Sec. 3. [604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
2.28 Subdivision 1. Person seeking medical assistance; immunity from prosecution.
2.29A person acting in good faith who seeks medical assistance for another person who is
2.30experiencing a drug overdose may not be arrested, charged, prosecuted, or penalized, or
2.31have that person's property subject to civil forfeiture for the possession, sharing, or use
2.32of a controlled substance or drug paraphernalia; or a violation of a condition of pretrial
2.33release, probation, furlough, supervised release, or parole. A person qualifies for the
2.34immunities provided in this subdivision only if: (1) the evidence for the arrest, charge,
3.1prosecution, seizure, or penalty was obtained as a result of the person's seeking medical
3.2assistance for another person; and (2) the person seeks medical assistance for another
3.3person who is in need of medical assistance for an immediate health or safety concern,
3.4provided that the person who seeks the medical assistance is the first person to seek the
3.5assistance, provides a name and contact information, remains on the scene until assistance
3.6arrives or is provided, and cooperates with the authorities.
3.7 Subd. 2. Person experiencing an overdose; immunity from prosecution. A
3.8person who experiences a drug overdose and is in need of medical assistance may not be
3.9arrested, charged, prosecuted, or penalized, or have that person's property subject to civil
3.10forfeiture for: (1) the possession of a controlled substance or drug paraphernalia; or (2)
3.11a violation of a condition of pretrial release, probation, furlough, supervised release, or
3.12parole. A person qualifies for the immunities provided in this subdivision only if the
3.13evidence for the arrest, charge, prosecution, seizure, or penalty was obtained as a result
3.14of the drug overdose and the need for medical assistance.
3.15 Subd. 3. Effect on other criminal prosecutions. (a) The immunity provisions of
3.16this section do not preclude prosecution of the person on the basis of evidence obtained
3.17from an independent source.
3.18(b) The act of providing first aid or other medical assistance to someone who is
3.19experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution
3.20for which immunity is not provided.
3.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.22actions arising from incidents occurring on or after that date.
3.23 Sec. 4. CITATION.
3.24Sections 2 and 3 may be known and cited as "Steve's Law."
1.3limiting liability;amending Minnesota Statutes 2012, section 151.37, by adding a
1.4subdivision; proposing coding for new law in Minnesota Statutes, chapter 604A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 151.37, is amended by adding a
1.7subdivision to read:
1.8 Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed
1.9physician, a licensed advanced practice registered nurse authorized to prescribe drugs
1.10pursuant to section 148.235, or a licensed physician's assistant authorized to prescribe
1.11drugs pursuant to section 147A.18, may authorize the following individuals to administer
1.12opiate antagonists, as defined in section 604A.04, subdivision 1:
1.13(1) an emergency medical responder registered pursuant to section 144E.27;
1.14(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
1.15(d); and
1.16(3) staff of community-based health disease prevention or social service programs.
1.17(b) For the purposes of this subdivision, opiate antagonists may be administered by
1.18one of these individuals only if:
1.19(1) the licensed physician, licensed physician's assistant, or licensed advanced
1.20practice registered nurse has issued a standing order to, or entered into a protocol with,
1.21the individual; and
1.22(2) the individual has training in the recognition of signs of opiate overdose and the
1.23use of opiate antagonists as part of the emergency response to opiate overdose.
2.1(c) Nothing in this section prohibits the possession and administration of naloxone
2.2pursuant to section 604A.04.
2.3 Sec. 2. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
2.4 Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
2.5antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
2.6federal Food and Drug Administration for the treatment of a drug overdose.
2.7 Subd. 2. Authority to possess and administer opiate antagonists; release from
2.8liability. (a) A person who is not a health care professional may possess or administer
2.9an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
2.10care professional pursuant to subdivision 3.
2.11(b) A person who is not a health care professional who acts in good faith in
2.12administering an opiate antagonist to another person whom the person believes in good
2.13faith to be suffering a drug overdose is immune from criminal prosecution for the act and
2.14is not liable for any civil damages for acts or omissions resulting from the act.
2.15 Subd. 3. Health care professionals; release from liability. A licensed health care
2.16professional who is permitted by law to prescribe an opiate antagonist, if acting in good
2.17faith, may directly or by standing order prescribe, dispense, distribute, or administer an
2.18opiate antagonist to a person without being subject to civil liability or criminal prosecution
2.19for the act. This immunity applies even when the opiate antagonist is eventually
2.20administered in either or both of the following instances: (1) by someone other than the
2.21person to whom it is prescribed; or (2) to someone other than the person to whom it is
2.22prescribed. This subdivision does not apply if the licensed health care professional is
2.23acting during the course of regular employment and receiving compensation or expecting
2.24to receive compensation for those actions.
2.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.26actions arising from incidents occurring on or after that date.
2.27 Sec. 3. [604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
2.28 Subdivision 1. Person seeking medical assistance; immunity from prosecution.
2.29A person acting in good faith who seeks medical assistance for another person who is
2.30experiencing a drug overdose may not be arrested, charged, prosecuted, or penalized, or
2.31have that person's property subject to civil forfeiture for the possession, sharing, or use
2.32of a controlled substance or drug paraphernalia; or a violation of a condition of pretrial
2.33release, probation, furlough, supervised release, or parole. A person qualifies for the
2.34immunities provided in this subdivision only if: (1) the evidence for the arrest, charge,
3.1prosecution, seizure, or penalty was obtained as a result of the person's seeking medical
3.2assistance for another person; and (2) the person seeks medical assistance for another
3.3person who is in need of medical assistance for an immediate health or safety concern,
3.4provided that the person who seeks the medical assistance is the first person to seek the
3.5assistance, provides a name and contact information, remains on the scene until assistance
3.6arrives or is provided, and cooperates with the authorities.
3.7 Subd. 2. Person experiencing an overdose; immunity from prosecution. A
3.8person who experiences a drug overdose and is in need of medical assistance may not be
3.9arrested, charged, prosecuted, or penalized, or have that person's property subject to civil
3.10forfeiture for: (1) the possession of a controlled substance or drug paraphernalia; or (2)
3.11a violation of a condition of pretrial release, probation, furlough, supervised release, or
3.12parole. A person qualifies for the immunities provided in this subdivision only if the
3.13evidence for the arrest, charge, prosecution, seizure, or penalty was obtained as a result
3.14of the drug overdose and the need for medical assistance.
3.15 Subd. 3. Effect on other criminal prosecutions. (a) The immunity provisions of
3.16this section do not preclude prosecution of the person on the basis of evidence obtained
3.17from an independent source.
3.18(b) The act of providing first aid or other medical assistance to someone who is
3.19experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution
3.20for which immunity is not provided.
3.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.22actions arising from incidents occurring on or after that date.
3.23 Sec. 4. CITATION.
3.24Sections 2 and 3 may be known and cited as "Steve's Law."
