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:

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

amended by adding thereto the following chapter:

CHAPTER 6.6

NALOXONE PUBLIC ACCESS PROGRAM

     23-6.6-1. Naloxone public access requirements.

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

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

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

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

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

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

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

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

section shall provide and maintain:

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

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

use during emergencies; and

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

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

limited to, municipal fire and police department employees.

     23-6.6-2. Good Samaritan protections.

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

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

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

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

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

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

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

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

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

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

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

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

entity or its employee or agent:

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

administration occurred within this state; or

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

such provision or administration occurred.

     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

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

afford "Good Samaritan" protections to those individuals.

     This act would take effect upon passage.

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LC001321

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