[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4782 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4782
To combat the fentanyl crisis.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2022
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To combat the fentanyl crisis.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining Text for Official
Policy by Formulating Effective Needed Tools to Address Narcotics,
Yearly Loss of life and Protect Americans from Chemical Killers and
Against Gangs Effectively Act'' or the ``STOP FENTANYL PACKAGE''.
SEC. 2. LIABILITY PROTECTIONS FOR OPIOID OVERDOSE REVERSAL DRUGS.
(a) Definitions.--In this section:
(1) First responder.--The term ``first responder'' means--
(A) a first responder as defined in section 3025 of
the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10705); or
(B) a special agent or task force officer of the
Drug Enforcement Administration.
(2) Health care provider.--The term ``health care
provider'' has the meaning given such term in section 101 of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
(3) Lay administrator.--The term ``lay administrator''--
(A) means--
(i) an individual at risk of undergoing an
opioid-related overdose;
(ii) an individual in a position to assist
an individual at risk of undergoing an opioid-
related overdose, including a family member or
friend of such an individual at risk; or
(iii) an employee or volunteer of a
community-based organization; and
(B) excludes a first responder as defined in
paragraph (1).
(4) Opioid overdose reversal drug.--The term ``opioid
overdose reversal drug'' means a drug approved under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
that is designed to rapidly reverse the effects of an opioid-
related overdose.
(b) Health Care Providers.--
(1) Authority.--
(A) In general.--A health care provider, engaged in
or affecting interstate or foreign commerce, may,
subject to subparagraphs (B) and (C), prescribe,
dispense, or distribute an opioid overdose reversal
drug to--
(i) an individual at risk of undergoing an
opioid-related overdose; or
(ii) an individual who is in a position to
assist an individual at such risk, including a
family member or friend of such an individual
at risk.
(B) Education and training requirements.--Upon
prescribing, dispensing, or distributing an opioid
overdose reversal drug to any individual as described
in subparagraph (A), a health care provider (or
designated staff of such provider) shall provide to
that individual (or, with respect an individual
described in subparagraph (A)(i), a family member or
caregiver of such individual as the health care
provider determines appropriate) education and training
that includes information on--
(i) the importance of seeking medical care
for the individual undergoing the opioid-
related overdose immediately after the drug is
administered;
(ii) how to access substance use disorder
treatment services;
(iii) how the opioid overdose reversal drug
operates to stop an opioid-related overdose;
(iv) when the administration of the opioid
overdose reversal drug is medically indicated;
(v) how to properly administer the opioid
overdose reversal drug and circumstances under
which administration of the opioid overdose
reversal drug is contraindicated;
(vi) precautions, warnings, and potential
reactions with respect to the opioid overdose
reversal drug;
(vii) techniques on how to recognize
symptoms of an opioid-related overdose;
(viii) standards and procedures for the
storage of the drug;
(ix) proper disposal of expired opioid
overdose reversal drugs; and
(x) emergency follow-up procedures.
(C) Records.--A health care provider shall maintain
a record of each individual to whom the health care
provider (or designated staff) has provided the
education and training under subparagraph (B). Each
such record shall be maintained for a period of 2 years
beginning on the date on which the health care provider
(or designated staff) provides the education and
training.
(2) Liability.--
(A) In general.--A health care provider, engaged in
or affecting interstate or foreign commerce, shall be
immune from civil liability, criminal prosecution, or
disciplinary or other adverse action under any
professional licensing statute for any outcomes
resulting from--
(i) an action taken by the provider that is
authorized under paragraph (1); or
(ii) the administration by a person other
than the health care provider of the opioid
overdose reversal drug to an individual
regardless of whether that individual is the
person to whom the provider prescribed the
drug.
(B) Exception.--Subparagraph (A) shall not apply in
the case that personal injury results from the gross
negligence or willful or wanton misconduct of the
health care provider.
(c) First Responders.--
(1) Authority.--
(A) In general.--A first responder, engaged in or
affecting interstate or foreign commerce, may, subject
to subparagraphs (B) and (C), receive a prescription or
supply allocation for an opioid overdose reversal drug
(including through a standing order), maintain the drug
in the possession of the first responder, administer
the drug to any individual who is undergoing or whom
the responder believes is undergoing an opioid-related
overdose, or distribute the drug to an individual
described in clause (i) or (ii) of subsection
(b)(1)(A).
(B) Education and training requirements.--
(i) In general.--Prior to receiving a
prescription or supply allocation for an opioid
overdose reversal drug as described in
subparagraph (A), a first responder shall--
(I) complete the education and
training provided by a health care
provider (or designated staff) under
subsection (b)(1)(B); or
(II) review the Opioid Overdose
Prevention Toolkit published by the
Substance Abuse and Mental Health
Services Administration (or a successor
publication), or a substantially
similar publication from the applicable
State public health agency.
(ii) Renewals.--The requirement under
clause (i) to complete the education and
training or review the toolkit described in
such clause shall be completed not less than
once every 2 years.
(C) Records.--A first responder shall maintain--
(i) a record of each instance in which the
first responder administers or distributes an
opioid overdose reversal drug in accordance
with subparagraph (A) for a period of 2 years
beginning on the date on which the first
responder administers or distributes the drug;
and
(ii) verification that the first responder
has complied with the requirements under
subparagraph (B) for a period of 2 years
following each completion or review described
in such subparagraph.
(2) Liability.--
(A) In general.--A first responder who takes any
action authorized under paragraph (1) shall be immune
from civil liability, criminal prosecution, or
disciplinary or other adverse action under any
professional licensing statute for any outcomes
resulting from such action.
(B) Exception.--Subparagraph (A) shall not apply in
the case that personal injury results from the gross
negligence or willful or wanton misconduct of the first
responder.
(d) Lay Administrators.--
(1) Authority.--
(A) In general.--A lay administrator, engaged in or
affecting interstate or foreign commerce, may, subject
to subparagraphs (B) and (C), receive a prescription
for an opioid overdose reversal drug (including through
a standing order), maintain the drug in the possession
of the lay administrator, and administer the drug to--
(i) in the case of a lay administrator
described in subsection (a)(3)(A)(i), the lay
administrator;
(ii) in the case of a lay administrator
described in subsection (a)(3)(A)(ii), the
individual at risk described in such
subsection; or
(iii) in the case of a lay administrator
described in subsection (a)(3)(A)(iii), any
individual who is undergoing, or who is
believed to be undergoing an opioid-related
overdose, and is being served through the
organization described in such subsection.
(B) Education and training requirements.--
(i) In general.--Prior to receiving a
prescription for an opioid overdose reversal
drug as described in subparagraph (A), a lay
administrator shall--
(I) complete the education and
training provided by a health care
provider (or designated staff) under
subsection (b)(1)(B); or
(II) review the Opioid Overdose
Prevention Toolkit published by the
Substance Abuse and Mental Health
Services Administration (or a successor
publication), or a substantially
similar publication from the applicable
State public health agency.
(ii) Renewals.--The requirement under
clause (i) to complete the education and
training or review the toolkit described in
such clause shall be completed not less than
once every 2 years.
(C) Records.--A lay administrator shall maintain
verification that the lay administrator has complied
with the requirements under subparagraph (B) for a
period of 2 years following each completion or review
described in such subparagraph.
(2) Liability.--
(A) In general.--A lay administrator who takes any
action authorized under paragraph (1) shall be immune
from civil liability, criminal prosecution, or
disciplinary or other adverse action under any
professional licensing statute (including any penalties
for the unauthorized practice of medicine) for any
outcomes resulting from such action.
(B) Exception.--Subparagraph (A) shall not apply in
the case that personal injury results from the gross
negligence or willful or wanton misconduct of the lay
administrator.
(3) Sense of congress.--It is the sense of Congress that a
lay administrator should--
(A) call 9-1-1 immediately following administering
an opioid overdose reversal drug to an individual as
described in paragraph (1)(A); and
(B) report to a first responder--
(i) the name, address, and phone number of
any individual for whom the opioid overdose
reversal drug was administered as described in
such paragraph; and
(ii) the status as an injection or spray of
the opioid overdose reversal drug used in such
administration.
(e) Preemption.--This section shall preempt any State law that
conflicts with the authorities and protections provided under this
section, except in the case of a State law that provides greater
protection from liability than the protection provided under this
section.
(f) Sunset.--This section shall cease to have any force or effect
on the date that is 90 days after the last day of the public health
emergency declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d) with
respect to the opioid crisis, including any renewal of such emergency.
SEC. 3. ACCURATE DATA ON OPIOID-RELATED OVERDOSES.
The Secretary of Health and Human Services and the Attorney General
may award grants to States, territories, and localities to support
improved data and surveillance on opioid-related overdoses, including
for activities to improve postmortem toxicology testing, data linkage
across data systems throughout the United States, electronic death
reporting, or the comprehensiveness of data on fatal and nonfatal
opioid-related overdoses.
SEC. 4. LAW ENFORCEMENT GRANTS.
(a) In General.--The Attorney General shall make grants to local
law enforcement agencies and forensic laboratories in communities with
high rates of drug overdoses for the purpose of--
(1) training to help officers identify overdoses;
(2) upgrading essential systems for tracing drugs and
processing samples in forensic laboratories to provide timely,
accurate, and standard data reporting to the National Forensic
Laboratory Information System; or
(3) training to better trace criminals through the darknet.
(b) Mandatory Reporting.--None of the funds made under subsection
(a) may be used by grantees that do not submit to the National Forensic
Laboratory Information System reports on overdose data.
(c) Federal Law Enforcement Training Centers.--Federal Law
Enforcement Training Centers shall provide training to State and local
law enforcement agencies on how to best coordinate with State and
Federal partners for tracking drug-related activity.
(d) COPS Grants.--Section 1701(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) to provide training and resources for containment
devices to prevent secondary exposure to fentanyl and other
substances for first responders.''.
SEC. 5. OFFICE OF NATIONAL DRUG CONTROL POLICY REFORM.
(a) Senses of Congress.--It is the sense of Congress that--
(1) the Director of the Office of National Drug Control
Policy shall be a Cabinet-level position; and
(2) nothing in this section shall affect the reporting
structure of agencies with drug enforcement responsibilities.
(b) Requirements.--The Office of National Drug Control Policy
shall--
(1) document strategies for ensuring prevention of
duplicating services and grant funding within National Drug
Control Program agencies;
(2) collaborate with the National Center for Health
Statistics and the National Forensic Laboratory Information
System, including by working with the Department of Justice to
create national standards for submission data to ensure
uniformity across the United States, including data from cases
where the defendant pleads guilty; and
(3) issue guidance that States and localities should record
overdose deaths as homicides if there is sufficient evidence
that the overdose was not self-induced and intentional.
(c) Drug Enforcement Administration.--
(1) In general.--The Drug Enforcement Administration shall
develop uniform reporting standards for inputting data into the
National Forensic Laboratory Information System for purity,
formulation, and weight to allow for better comparison across
jurisdictions and between agencies and the sharing of data.
(2) Clarification.--Nothing in paragraph (1) may be
construed to require the creation of new or increased
obligations or reporting requirements on State or local
laboratories.
(d) Interagency Coordinating Council.--The Office of National Drug
Control Policy, the Department of Justice, the Department of Health and
Human Services, and other National Drug Control Program agencies
coordinate across agencies to limit duplication and ensure uniform
reporting standards and improve relationships between the agencies.
(e) Congressional Review Act.--If the Office of National Drug
Control Policy does not certify that a final rule made by a National
Drug Control Program participant is consistent with the National Drug
Control Policy, the rule shall be deemed to be submitted under section
801(a)(1) of title 5, United States Code.
(f) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) of
the National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.
1703(c)(4)(A)) is amended by striking ``approved'' and inserting
``denied''.
SEC. 6. DEA TESTING.
The Drug Enforcement Administration shall submit to Congress, as
part of the annual budget process, a specific line item for the level
of funding necessary for the Fentanyl Profiling Program.
SEC. 7. STATE OPIOID RESPONSE GRANTS.
The Assistant Secretary for Mental Health and Substance Use shall,
to the extent practicable--
(1) include in the annual report to Congress on the State
Opioid Response Grants, authorized under the Consolidated
Appropriations Act, 2022 (Public Law 117-103), an assessment of
challenges of recipients of such grants, accounting for
variations in implementation; and
(2) provide to recipients of such grants best practices on
how to address opioid-related overdoses.
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