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HOUSE DOCKET, NO. 150 FILED ON: 1/10/2023
HOUSE . . . . . . . . . . . . . . . No. 2168
The Commonwealth of Massachusetts
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PRESENTED BY:
William C. Galvin
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to preventing death by drug overdose.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2023Carol A. Doherty3rd Bristol2/7/2023 1 of 3
HOUSE DOCKET, NO. 150 FILED ON: 1/10/2023
HOUSE . . . . . . . . . . . . . . . No. 2168
By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 2168) of
William C. Galvin and Carol A. Doherty for legislation to authorize emergency medical
technicians to restrain patients who present immediate or serious threats of bodily harm to
themselves or others. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2292 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to preventing death by drug overdose.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 111C of the General Laws is hereby amended by striking out
2section 18, as appearing in the 2012 Official Edition, and inserting in place thereof the following
32 sections:
4 Section 18. Subject to regulations and guidelines promulgated by the department, an
5emergency medical technician may restrain a patient who presents an immediate or serious threat
6of bodily harm to himself or others. Upon request by an EMT, a law enforcement official shall
7assist in the restraint of a patient. The minimum necessary restraint shall be used. Any such
8restraint shall be noted in the written report of said emergency medical technician. 2 of 3
9 Section 18A. If a law enforcement official, firefighter or EMS personnel administers an
10opioid antagonist, as defined in section 19B of chapter 94C, to a person suffering from an
11apparent drug overdose, such person shall be transported, with or without the person’s consent,
12by ambulance to a hospital for monitoring, observation and possible treatment until such time as
13the treating physician determines that the overdose has been reversed and the person is not in
14imminent danger. Law enforcement officials or EMS personnel may restrain a person transported
15pursuant to this section in accordance with the provisions of section 18. If a law enforcement
16official reasonably believes that his or her safety or the safety of other persons present so
17requires, the officer may search the person and the immediate surroundings, but only to the
18extent necessary to discover and seize any dangerous weapons which may on that occasion be
19used against the officer or other person present.
20 SECTION 2. Said chapter 111C is hereby further amended by striking out section 21, as
21so appearing, and inserting in place thereof the following section:-
22 Section 21. No EMS personnel certified, accredited or otherwise approved under this
23chapter, and no additional personnel certified or authorized under section 9, who in the
24performance of their duties and in good faith render emergency first aid, cardiopulmonary
25resuscitation, transportation, including the transportation of a person suffering from an apparent
26drug overdose pursuant to section 18A, or other EMS, to an injured person or to a person
27incapacitated by illness shall be personally liable as a result of rendering such aid or services or,
28in the case of an emergency medical technician or additional personnel, as a result of
29transporting such person to a hospital or other health care facility, nor shall they be liable to a
30hospital for its expenses if, under emergency conditions, including expenses incurred in 3 of 3
31monitoring, observing or treating a person pursuant to section 18A, they cause the admission of
32such person to said hospital.
33 SECTION 3. Chapter 112 of the General Laws is hereby amended by striking out section
3412V, as amended by chapter 38 of section 2014, and inserting in place thereof the following
35section:-
36 Section 12V. Any person who, in good faith, attempts to render emergency care
37including, but not limited to, cardiopulmonary resuscitation, defibrillation, transport to a hospital,
38or administration of an opioid antagonist, as defined in section 19B of chapter 94C, and does so
39without compensation, shall not be liable for acts or omissions, other than gross negligence or
40willful or wanton misconduct, resulting from the attempt to render such emergency care.