HLS 14RS-1245 ENGROSSED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 754
BY REPRESENTATIVE MORENO
DRUGS/CONTROLLED: Authorizes first responders to carry naloxone
AN ACT1
To enact R.S. 40:978.1, relative to the prescribing of controlled dangerous substances; to2
authorize a first responder to receive a prescription for naloxone; to authorize the3
first responder to administer naloxone to a third party; to limit liability for the4
administration of naloxone by a first responder; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:978.1 is hereby enacted to read as follows: 7
ยง978.1. Naloxone; first responder; prescription; administration to third party;8
limitation of liability9
A. For the purposes of this Section, the following definitions apply:10
(1) "First responder" means any of the following:11
(a) A peace officer as defined in R.S. 40:2402.12
(b) A firefighter regularly employed by a fire department of any13
municipality, parish, or fire protection district of the state of Louisiana, or any14
volunteer fireman of the state of Louisiana.15
(c) Emergency medical personnel licensed pursuant to R.S. 40:1231.16
(2) "Law enforcement agency" means an agency of a federally recognized17
Indian tribe or band or a state or political subdivision of a state, whose purpose is the18
detection and prevention of crime and enforcement of laws or ordinances.19 HLS 14RS-1245 ENGROSSED
HB NO. 754
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) "Opioid-related drug overdose" means a condition including extreme1
physical illness, decreased level of consciousness, respiratory depression, coma, or2
the ceasing of respiratory or circulatory function resulting from the consumption or3
use of an opioid, or another substance with which an opioid was combined.4
B. A first responder may receive a prescription for naloxone or another5
opioid antagonist, maintain the naloxone or other opioid antagonist in the first6
responder's possession, and administer the naloxone or other opioid antagonist to any7
individual who is undergoing or who is believed to be undergoing an opioid-related8
drug overdose.9
C. A first responder shall keep a record of each instance in which the first10
responder administers naloxone or another opioid antagonist to an individual who11
is undergoing or who is believed to be undergoing an opioid-related drug overdose.12
D. A law enforcement agency or fire department may enter into a written13
agreement to affiliate with an ambulance service provider or a physician for all of14
the following purposes:15
(1) Obtaining a supply of naloxone or another opioid antagonist.16
(2) Allowing law enforcement officers and firefighters to obtain the training17
necessary to safely and properly administer naloxone or another opioid antagonist18
to individuals who are undergoing or who are believed to be undergoing an19
opioid-related drug overdose.20
E. A first responder who, reasonably believing another person to be21
undergoing an opioid-related drug overdose, administers naloxone or another opioid22
antagonist to that person shall be immune from civil liability, criminal prosecution,23
or disciplinary or other adverse action under any professional licensing statute for24
any outcomes resulting from the administration of the naloxone or another opioid25
antagonist to that person, unless personal injury results from the gross negligence or26
willful or wanton misconduct of the first responder administering the drug.27 HLS 14RS-1245 ENGROSSED
HB NO. 754
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Moreno HB No. 754
Abstract: Authorizes first responders to carry naloxone and administer it to a third party
who is undergoing an opioid-related drug overdose.
Proposed law defines "first responder" as any of the following:
(1)Any full-time employee of the state, a municipality, a sheriff, or other public agency,
whose permanent duties actually include the making of arrests, the performing of
searches and seizures, or the execution of criminal warrants, and is responsible for
the prevention or detection of crime or for the enforcement of the penal, traffic, or
highway laws of this state, but not including any elected or appointed head of a law
enforcement department.
(2)A firefighter regularly employed by a fire department of any municipality, parish,
or fire protection district of the state of Louisiana, or any volunteer fireman of the
state of Louisiana.
(3)Emergency medical personnel licensed pursuant to the laws of this state.
Proposed law defines "opioid-related drug overdose" as a condition including extreme
physical illness, decreased level of consciousness, respiratory depression, coma, or the
ceasing of respiratory or circulatory function resulting from the consumption or use of an
opioid, or another substance with which an opioid was combined.
Proposed law authorizes a first responder to receive a prescription for naloxone or another
opioid antagonist, maintain the naloxone or other opioid antagonist in the first responder's
possession, and administer the naloxone or another opioid antagonist to any individual who
is undergoing or who is believed to be undergoing an opioid-related drug overdose.
Proposed law requires the first responder to keep a record of each instance in which the first
responder administers naloxone or another opioid antagonist to an individual who is
undergoing or who is believed to be undergoing an opioid-related drug overdose.
Proposed law authorizes a law enforcement agency or fire department to enter into a written
agreement to affiliate with an ambulance service provider or a physician for all of the
following purposes:
(1)Obtaining a supply of naloxone or another opioid antagonist.
(2)Allowing law enforcement officers and firefighters to obtain the training necessary
to safely and properly administer naloxone or another opioid antagonist to
individuals who are undergoing or who are believed to be undergoing an
opioid-related drug overdose.
Proposed law provides immunity from civil liability, criminal prosecution, or disciplinary
or other adverse action under any professional licensing statute to a first responder who,
reasonably believing another person to be undergoing an opioid-related drug overdose,
administers naloxone or another opioid antagonist to that person for any outcomes resulting
from the administration of the naloxone or another opioid antagonist to that person, unless HLS 14RS-1245 ENGROSSED
HB NO. 754
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
personal injury results from the gross negligence or willful or wanton misconduct of the first
responder administering the drug.
(Adds R.S. 40:978.1)