Bill Text: NJ A4235 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires county health departments to maintain reserve stock of opioid antidotes to dispense to certain entities on interim basis to ensure uninterrupted supply.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-06-13 - Introduced, Referred to Assembly Health Committee [A4235 Detail]
Download: New_Jersey-2022-A4235-Introduced.html
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
Requires county health departments to maintain reserve stock of opioid antidotes to dispense to certain entities on interim basis to ensure uninterrupted supply.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning access to opioid antidotes and amending P.L.2013, c.46.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2013, c.46 (C.24:6J-3) is amended to read as follows:
3. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"County health department" means a county health department established pursuant to section 6 of the "Local Health Services Act," P.L.1975, c.329 (C.26:3A2-6).
"Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, diminished consciousness, respiratory depression, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to require medical assistance.
"Emergency medical response entity" means an organization, company, governmental entity, community-based program, or healthcare system that provides pre-hospital emergency medical services and assistance. "Emergency medical response entity" includes, but is not limited to, a first aid, rescue and ambulance squad or other basic life support (BLS) ambulance provider; a mobile intensive care provider or other advanced life support (ALS) ambulance provider; an air medical service provider; or a fire-fighting company or organization, which squad, provider, company, or organization is qualified to send paid or volunteer emergency medical responders to the scene of an emergency.
"Emergency medical responder" means a person, other than a health care practitioner, who is employed on a paid or volunteer basis in the area of emergency response, including, but not limited to, an emergency medical technician, a mobile intensive care paramedic, or a fire fighter, acting in that person's professional capacity.
"Health care practitioner" means any individual who is licensed or certified to provide health care services pursuant to Title 45 of the Revised Statutes.
"Institution of higher education" means any public or private university, college, technical college or community college located in New Jersey.
"Law enforcement
agency" means a department, division,
bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.
"Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.
"Medical assistance" means professional medical services that are provided to a person experiencing a drug overdose by a health care practitioner, acting within the practitioner's scope of professional practice, including professional medical services that are mobilized through telephone contact with the 911 telephone emergency service.
"Occupational school" means a business, trade, technical, or other school approved by a nationally-recognized accrediting agency.
"Opioid antidote" means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose. "Opioid antidote includes, but is not limited to, naloxone hydrochloride, in any dosage amount, which is administered through nasal spray or any other FDA-approved means or methods.
"Prescriber" means a health care practitioner authorized by law to prescribe medications. "Prescriber" includes, but shall not be limited to, physicians, physician assistants, and advanced practice nurses.
"Public library" means a library that serves, free of charge, all residents of an area without discrimination and that receives its financial support, in whole or in part, from public funds.
"Public transportation hub" means a passenger station, terminal, or other facility, as designated by the Commissioner of Transportation, where public transportation services are made available.
"Recipient" means any individual who or entity that is prescribed or dispensed an opioid antidote in accordance with section 4 of P.L.2013, c.46 (C.24:6J-4) or section 1 of P.L.2017, c.88 (C.45:14-67.2). The term "recipient" shall include, but shall not be limited to, private citizens, emergency medical responders, emergency medical response entities, law enforcement officers, law enforcement agencies, county health departments and employees of county health departments, recognized places of public access, employees and volunteers providing services at, through, or on behalf of a recognized place of public access, public and nonpublic schools, school nurses and other staff at a public or nonpublic school, sterile syringe access programs, and staff and employees of a sterile syringe access program. The term "recipient" shall not include a prescriber or a licensed pharmacist acting within a professional capacity.
"Recognized place of public access" means a public library, institution of higher education, occupational school, or public transportation hub.
"School" means a public or nonpublic elementary or secondary school within this State offering education in grades kindergarten through 12, or any combination of grades, at which a child may legally fulfill compulsory school attendance requirements. "School" shall not include an occupational school.
"Sterile syringe access program" means a program established pursuant to the provisions of P.L.2006, c.99 (C.26:5C-25 et al.).
(cf: P.L.2021, c.152, s.2)
2. Section 4 of P.L.2013, c.46 (C.24:6J-4) is amended to read as follows:
4. a. (1) A prescriber or other health care practitioner, as appropriate, may prescribe or dispense an opioid antidote directly or through a standing order to any person or entity. Any person or entity may be dispensed an opioid antidote pursuant to an individual prescription or a standing order issued by a prescriber, and any person or entity may be dispensed an opioid antidote by a pharmacy as provided in section 1 of P.L.2017, c.88 (C.45:14-67.2).
(2) Nothing in P.L.2013, c.46 (C.24:6J-1 et al.) shall be construed to restrict in any way the ability of any individual or entity to be dispensed an opioid antidote. The persons and entities to whom an opioid antidote may be prescribed and dispensed shall include private citizens, individuals who are dispensed an opioid antidote for administration or distribution to others in either a private or professional capacity, entities that are dispensed opioid antidotes on behalf of individuals who administer or distribute opioid antidotes to others in the course of their professional duties, and entities other than a prescriber or pharmacist that maintain a stock of opioid antidotes for distribution or administration to others.
(3) (Deleted by amendment, P.L.2021, c.152).
(4) (Deleted by amendment, P.L.2021, c.152).
b. (1) A recipient in possession of an opioid antidote may administer the opioid antidote to any other person, without fee, in any situation in which the recipient reasonably believes the other person to be experiencing an opioid overdose.
(2) A recipient in possession of an opioid antidote may distribute the opioid antidote, without fee, to any other person who the recipient reasonably believes to be at risk of experiencing an opioid overdose or who the recipient reasonably believes will be in a position to administer the opioid antidote to a person experiencing an opioid overdose. A recipient distributing an opioid antidote to another person pursuant to this paragraph shall make reasonable efforts to furnish the person with the overdose prevention information described in section 5 of P.L.2013, c.46 (C.24:6J-5). The Commissioner of Health, or, if the commissioner is not a duly licensed physician, the Deputy Commissioner for Public Health Services, shall issue a standing order authorizing the distribution of opioid antidotes pursuant to this paragraph.
c. (1) A prescriber or other health care practitioner who prescribes or dispenses an opioid antidote in good faith, and in accordance with the provisions of this section, shall not, as a result of the practitioner's acts or omissions, be subject to any criminal or civil liability, or any professional disciplinary action under Title 45 of the Revised Statutes, for prescribing or dispensing the opioid antidote. A pharmacist that dispenses an opioid antidote in good faith, in accordance with the provisions of this section or section 1 of P.L.2017, c.88 (C.45:14-67.2), shall not, as a result of the pharmacist's acts or omissions, be subject to any criminal or civil liability, or any professional disciplinary action under Title 45 of the Revised Statutes, for dispensing the opioid antidote.
(2) A recipient who administers or distributes an opioid antidote in good faith as provided in subsection b. of this section shall not, as a result of any of the recipient's acts or omissions, be subject to any criminal or civil liability, or any professional disciplinary action, for administering or distributing the opioid antidote.
d. (Deleted by amendment, P.L.2021, c.152).
e. The immunity provided by this section for persons who are engaged in prescribing, dispensing, distributing, or administering an opioid antidote shall be coextensive with the immunity provided under sections 7 and 8 of P.L.2013, c.46 (C.2C:35-30 and C.2C:35-31), to the extent that the provisions of those sections apply.
f. (Deleted by amendment, P.L.2021, c.152).
g. (Deleted by amendment, P.L.2021, c.152).
h. (Deleted by amendment, P.L.2021, c.152).
i. (1) Each county health department shall obtain, through a standing order, and maintain in an accessible storage location, a reserve stock of opioid antidotes sufficient to ensure an uninterrupted supply of opioid antidotes is available to law enforcement agencies, emergency medical response entities, schools, and hospital pharmacies operating in the county. The quantity of opioid antidotes that are to be kept in reserve stock by each county health department pursuant to this subsection shall be determined by the director of the county health department, in consultation with the county prosecutor, the county association of police chiefs, and the county association of fire chiefs, and with input from law enforcement agencies, emergency medical response entities, school districts, schools, and hospitals operating in the county.
(2) In the event that a law enforcement agency, emergency medical response entity, school, or hospital pharmacy anticipates that it will exhaust its supply of opioid antidotes before it will be able to acquire an additional supply pursuant to a standing order issued pursuant to subsection a. of this section, the law enforcement agency, emergency medical response entity, or school may make a request to the county health department to provide the requester with an interim supply of opioid antidotes from the county health department's reserve stock. Upon receipt of a request, the county health department shall promptly deliver to the requester an interim supply of opioid antidotes in a quantity sufficient to ensure that the requester will be able to continue administering or distributing opioid antidotes, as applicable, during the interim period between the date the requester's supply of opioid antidotes is expected to be exhausted and the date the requester expects to receive a new stock of opioid antidotes pursuant to a standing order.
(3) A law enforcement agency, emergency medical response entity, school, or hospital pharmacy that obtains an interim supply of opioid antidotes from a county health department's reserve stock pursuant to this subsection shall reimburse the county health department for the department's actual costs to acquire and deliver the interim supply.
(4) County health departments in the State may enter into shared service agreements, in accordance with the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35), in order to facilitate the acquisition of opioid antidotes at discounted rates, minimize delivery costs, and otherwise facilitate the implementation of this subsection.
(cf: P.L.2021, c.152, s.3)
3. (New section) The Commissioner of Human Services shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as shall be necessary to implement the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
This bill amends the "Overdose Prevention Act," P.L.2013, c.42 (C.24:6J-1 et seq.), to require each county health department to obtain and maintain in an accessible storage location, a reserve stock of opioid antidotes that can be accessed by law enforcement agencies, emergency medical response entities, schools, and hospital pharmacies to ensure those entities have access to an uninterrupted supply of opioid antidotes. The exact quantity of opioid antidotes to be maintained in the reserve stock will be determined by the director of each county health department in consultation with the county prosecutor, the county association of police chiefs, and the county association of fire chiefs, and with input from law enforcement agencies, emergency medical response entities, hospitals, school districts, and schools operating in that county.
The bill specifies that, whenever a law enforcement agency, emergency medical response entity, school, or hospital pharmacy anticipates it will exhaust its supply of opioid antidotes before it is able to acquire more, it may make a request to the county health department to provide an interim supply of opioid antidotes from the county health department's reserve stock. Upon receiving a request, the county health department will be required to promptly deliver to the requester an interim supply sufficient to meet the requester's need for opioid antidotes for the interim period between the date the requester's supply is expected to be exhausted and the date the requester expects to receive a new supply of opioid antidotes by regular means.
Law enforcement agencies, emergency medical response entities, schools, and hospital pharmacies that obtain an interim supply of opioid antidotes from a county health department's reserve stock will be required to reimburse the county health department for the department's actual costs in acquiring and delivering the interim supply. The bill expressly authorizes county health departments to enter into shared service agreements, in accordance with the "Uniform Shared Services and Consolidation Act," in order to facilitate the acquisition of opioid antidotes at discounted rates, minimize delivery costs, and otherwise facilitate the implementation of the provisions of the bill.
