2019 -- H 5551

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LC001321

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY - NALOXONE PUBLIC ACCESS PROGRAM

     

     Introduced By: Representatives Caldwell, Mattiello, Casey, Craven, and Marszalkowski

     Date Introduced: February 27, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 6.6

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NALOXONE PUBLIC ACCESS PROGRAM

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     23-6.6-1. Naloxone public access requirements.

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     (a) As used in this chapter, "public place" means an enclosed area capable of holding one

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hundred (100) people or more and to which the public is invited or in which the public is

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permitted, including, but not limited to: banks; bars; educational facilities; health care facilities;

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laundromats; public transportation facilities; reception areas; restaurants; retail food production

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and marketing establishments; retail service establishments; retail stores; shopping malls; sports

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arenas; government offices; theaters; and waiting rooms. A private residence is not a "public

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place" unless it is used as a child care, adult day care, or health care facility.

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     (b) Any person who owns or operates a public place as defined in subsection (a) of this

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section shall provide and maintain:

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     (1) On-site, functional naloxone boxes containing a supply of naloxone in quantities and

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types, deemed by the director of health, to be adequate to ensure ready and appropriate access for

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use during emergencies; and

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     (2) At least one person who is properly trained in the operation and use of naloxone.

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Training required by this chapter may be conducted by qualified personnel, including, but not

 

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limited to, municipal fire and police department employees.

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     23-6.6-2. Good Samaritan protections.

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     (a) An authorized entity that possesses and makes available naloxone or naloxone boxes

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and its employees, agents, and other trained individuals; a person who uses naloxone made

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available pursuant to this chapter; an authorized health care provider who prescribes naloxone to

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an authorized entity; and an individual or entity that conducts the training described in this

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chapter, shall not be liable for any civil damages that result from the administration or self-

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administration of naloxone; the failure to administer naloxone, or any other act or omission taken

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pursuant to this chapter; provided, however, this immunity does not apply to acts or omissions

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constituting gross negligence or willful or wanton conduct. The administration of naloxone in

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accordance with this chapter is not the practice of medicine. This section does not eliminate,

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limit, or reduce any other immunity or defense that may be available under state law. An entity

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located in this state shall not be liable for any injuries or related damages that result from the

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provision or administration of naloxone by its employees or agents outside of this state if the

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entity or its employee or agent:

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     (1) Would not have been liable for such injuries or related damages had the provision or

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administration occurred within this state; or

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     (2) Are not liable for such injuries or related damages under the law of the state in which

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such provision or administration occurred.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - NALOXONE PUBLIC ACCESS PROGRAM

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     This act would require public places to have naloxone boxes containing naloxone on the

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premises for access and use during emergencies by trained employees or the general public and

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afford "Good Samaritan" protections to those individuals.

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     This act would take effect upon passage.

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