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Regular Session, 2014
HOUSE BILL NO. 754
BY REPRESENTATIVES MORENO, BADON, WESLEY BISHOP, BROSSETT, HENRY
BURNS, BURRELL, EDWARDS, HARRISON, LEBAS, LEGER, ST. GERMAI N,
AND WILLMOTT
DRUGS/CONTROLLED: Authorizes first responders to carry naloxone
AN ACT1
To enact R.S. 40:978.1, relative to the prescribing and administering of an opioid antagonist2
for overdoses of controlled dangerous substances; to authorize a first responder to3
receive a prescription for naloxone; to authorize the first responder to administer4
naloxone to a third party; to limit liability for the administration of naloxone by a5
first responder; to require training prior to receiving a prescription for naloxone; to6
require promulgation of best practices; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:978.1 is hereby enacted to read as follows: 9
ยง978.1. Naloxone; first responder; prescription; administration to third party;10
limitation of liability11
A. For the purposes of this Section, the following definitions apply:12
(1) "First responder" means any of the following:13
(a) A peace officer as defined in R.S. 40:2402.14
(b) A firefighter regularly employed by a fire department of any15
municipality, parish, or fire protection district of the state of Louisiana, or any16
volunteer fireman of the state of Louisiana.17
(c) An EMS practitioner as defined in R.S. 40:1231.18 HLS 14RS-1245 REENGROSSED
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(2) "Law enforcement agency" means an agency of a federally recognized1
Indian tribe or band or a state or political subdivision of a state, whose purpose is the2
detection and prevention of crime and enforcement of laws or ordinances.3
(3) "Opioid-related drug overdose" means a condition including extreme4
physical illness, decreased level of consciousness, respiratory depression, coma, or5
the ceasing of respiratory or circulatory function resulting from the consumption or6
use of an opioid, or another substance with which an opioid was combined.7
B. A first responder may receive a prescription for naloxone or another8
opioid antagonist, maintain the naloxone or other opioid antagonist in the first9
responder's possession, and administer the naloxone or other opioid antagonist to any10
individual who is undergoing or who is believed to be undergoing an opioid-related11
drug overdose.12
C.(1) Before receiving a prescription for naloxone or another opioid13
antagonist pursuant to this Section, a first responder shall complete the training14
necessary to safely and properly administer naloxone or another opioid antagonist15
to individuals who are undergoing or who are believed to be undergoing an16
opioid-related drug overdose. The training, at a minimum, shall cover all of the17
following:18
(a) Techniques on how to recognize symptoms of an opioid-related overdose.19
(b) Standards and procedures for the storage and administration of naloxone20
or another opioid antagonist.21
(c) Emergency follow-up procedures.22
(2) A first responder shall keep a record of each instance in which the first23
responder administers naloxone or another opioid antagonist to an individual who24
is undergoing or who is believed to be undergoing an opioid-related drug overdose.25
D. A law enforcement agency or fire department may enter into a written26
agreement to affiliate with an ambulance service provider or a physician for all of27
the following purposes:28
(1) Obtaining a supply of naloxone or another opioid antagonist.29 HLS 14RS-1245 REENGROSSED
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(2) Allowing law enforcement officers and firefighters to obtain the training1
necessary to safely and properly administer naloxone or another opioid antagonist2
to individuals who are undergoing or who are believed to be undergoing an3
opioid-related drug overdose.4
E. A first responder who, reasonably believing another person to be5
undergoing an opioid-related drug overdose, administers naloxone or another opioid6
antagonist to that person shall be immune from civil liability, criminal prosecution,7
or disciplinary or other adverse action under any professional licensing statute for8
any outcomes resulting from the administration of the naloxone or another opioid9
antagonist to that person, unless personal injury results from the gross negligence or10
willful or wanton misconduct of the first responder administering the drug.11
F. The deputy secretary of public safety services of the Department of Public12
Safety and Corrections shall develop and promulgate, in accordance with the13
Administrative Procedure Act, a set of best practices for use by a fire department or14
law enforcement agency in the administration and enforcement of this Section15
including but not limited to the training necessary to safely and properly administer16
naloxone or another opioid antagonist to individuals who are undergoing or who are17
believed to be undergoing an opioid-related drug overdose, the standards and18
procedures for the storage and administration of naloxone or another opioid19
antagonist, and emergency follow-up procedures.20
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 HLS 14RS-1245 REENGROSSED
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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)An EMS practitioner 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 a first responder, before receiving a prescription for naloxone or
another opioid antagonist, to complete 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 requires the training, at a minimum, to cover all of the following:
(1)Techniques on how to recognize symptoms of an opioid-related overdose.
(2)Standards and procedures for the storage and administration of naloxone or another
opioid antagonist.
(3)Emergency follow-up procedures.
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
personal injury results from the gross negligence or willful or wanton misconduct of the first
responder administering the drug.
Proposed law requires the Dept. of Public Safety and Corrections to develop and promulgate
a set of best practices for use by a fire department or law enforcement agency in the
administration and enforcement of proposed law including but not limited to the training HLS 14RS-1245 REENGROSSED
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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, the standards and procedures for the storage and administration of naloxone or
another opioid antagonist, and emergency follow-up procedures.
(Adds R.S. 40:978.1)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.
2. Required first responders to receive training prior to receiving a prescription for
naloxone.
3. Required the Dept. of Public Safety and Corrections to promulgate a set of best
practices.