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  • NJ A4467
  • Clarifies that authorized persons and entities may administer multiple doses of any FDA-approved opioid antidote to overdose victim, regardless of dosage amount or administration method, with immunity under "Overdose Prevention Act."
Introduced
(1/10/2017)
In Committee
(5/1/2017)
Crossed Over
(3/16/2017)
PassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would amend the "Overdose Prevention Act" (OPA), in order to clarify that an authorized person or entity may administer multiple doses of naloxone hydrochloride, or multiple doses of any other federally approved opioid antidote, to an overdose victim, regardless of the dosage amount or means or method of administration, with immunity under the OPA. In particular, the bill would specify that any person or entity authorized to administer an opioid antidote to an overdose victim, under the OPA's provisions, may administer, with full immunity: (1) any type of opioid antidote, regardless of dosage amount or method of administration, which has been approved by the federal Food and Drug Administration (FDA) for use in the treatment of an opioid overdose; and (2) as many doses of the opioid antidote as may be necessary to revive the victim, regardless of the dosage amount or method of administration. The bill would further specify that prior consultation with, or approval by, a third-party physician or other medical personnel shall not be required before an authorized person or entity may administer more than one dose of an FDA-approved opioid antidote to the same overdose victim. The Legislature understands that some ambulance providers in the State have imposed directives that have limited the authority of emergency medical technicians and paramedics to appropriately and adequately respond to opioid overdoses, as authorized under the OPA. In particular, the Legislature understands that directives have been established to prohibit emergency medical responders from using certain types of opioid antidotes that have been approved for use by the FDA, but which have higher dosage amounts or different methods of administration than the antidote products that were first approved for use by the agency. The Legislature further understands that other directives have been established to require an authorized person to consult with a physician before administering a second dose of an opioid antidote to an un-resuscitated overdose victim at the scene of the overdose. These types of directives, however, contradict the intent of the OPA, which is to facilitate the timely and sufficient administration of life-saving FDA-approved opioid antidotes to overdose victims, without limitation. The bill would specify, therefore, that its provisions will be applicable, notwithstanding any other law, rule, regulation, ordinance, or institutional or organizational directive to the contrary. The types of persons and entities who would be covered by the bill's provisions are the same types of persons and entities that are already authorized to administer opioid antidotes, with immunity from civil, criminal, and professional liability, pursuant to the existing provisions of the OPA. These persons and entities include emergency medical responders and response entities, acting in their professional capacity; professionals and professional entities (including law enforcement officers, police departments, and substance abuse treatment providers), acting in their professional capacity; and individual patients, acting in their individual capacity. The bill would clarify that the terms "emergency medical responder" and "emergency medical response entity," which appear in the OPA, are intended to respectively include, at a minimum, emergency medical technicians, paramedics, and fire fighters, and their employing first aid, ambulance, or fire-fighting squads, providers, companies, or organizations. Although currently, the terms "emergency medical responder" and "emergency medical response entity" are broadly defined to implicitly include all of these actors and entities, the bill would amend the law in order to make this inclusion explicit, and thereby reduce any uncertainty in this area.
2nd Reading in the Assembly, Health and Senior Services, Health, Human Services and Senior Citizens, Passed Assembly
Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee  (on 5/1/2017)
 
 

Date Chamber Action Description
5/1/2017 S Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee
3/16/2017 A Passed by the Assembly (74-0-0)
2/27/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
2/27/2017 Assembly Health and Senior Services Hearing (19:00 2/27/2017 A-4620 (Conaway) (pending intro & referral) Prohibits use of cou)
1/10/2017 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
Detail 3/16/2017 Assembly Floor: Third Reading - Final Passage 74 0 6
Detail 2/27/2017 Assembly Health and Senior Services Committee: Reported with Amendments 12 0 1