Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1740 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1740 By: Gollihare of the Senate
7	37
8	38		and
9	39
10		-	Boatman and Swope of the
11		-	House
	40	+	Boatman of the House
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16	45		An Act relating to substance abuse services; amending
17	46		63 O.S. 2021, Sections 1 -2506.1 and 1-2506.2, as
18	47		amended by Section 1, Chapter 74, O.S.L. 2023 (63
19	48		O.S. Supp. 2023, Section 1-2506.2), which relate to
20	49		administration of opioid antagonists; defining terms;
21	50		making certain terminology uniform; clarifying
22	51		applicability of certain liability protections;
23	52		amending 76 O.S. 2021, Section 5, which relates to
24	53		the Good Samaritan Act; broadening applicability of
25	54		certain liability protections; defining term;
26	55		updating statutory language and references; making
27	56		language gender neutral; and declaring an emergency .
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32		-	SUBJECT: Substance abuse services
33		-
34	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
35		-
36	62		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -2506.1, is
37	63		amended to read as follows:
38		-
39	64		Section 1-2506.1. A. As used in this section:
40		-
41	65		1. “Certified alcohol and drug counselor ” means any person who
42	66		is not exempt pursuant to the provisions of Section 1872 of Title 59
43	67		of the Oklahoma Statutes and is not licensed under the Licensed
44	68		Alcohol and Drug Counselors Act, but who provides alcohol a nd drug
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45	96		counseling services within the scope of practice while employed by
46	97		an entity certified by the Dep artment of Mental Health and Substance
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48		-	ENR. S. B. NO. 1740 Page 2
49	98		Abuse Services, or who is exempt from such certification, or who is
50	99		under the supervision of a person recognized by the Oklahoma Board
51	100		of Licensed Alcohol and Drug Counselors as a supervisor. A
52	101		certified alcohol and drug counselor may provide counseling services
53	102		for co-occurring disorders if he or she has been certified by the
54	103		Board to provide counseling as provide d in this section for co -
55	104		occurring disorders;
56		-
57	105		2. “Emergency opioid antagonist ” means a drug including , but
58	106		not limited to, naloxone that blocks the effects of opioids and that
59	107		is approved by the United States Food and Drug Administration for
60	108		the treatment of an opioid overdose;
61		-
62	109		3. “Licensed alcohol and drug counselor ” means any person who
63	110		provides alcohol and drug counseling services within the scope of
64	111		practice, including co -occurring disorders, for compensation to any
65	112		person and is licensed pursuant to the provisions of the Licensed
66	113		Alcohol and Drug Counselors Act. The term “licensed alcohol and
67	114		drug counselor” licensed alcohol and drug counselor shall not
68	115		include those professions exempted by Section 1872 of Title 59 of
69	116		the Oklahoma Statutes; and
70		-
71	117		3. 4. “Medical personnel at schools ” means a certified school
72	118		nurse or any other nurse employed by or under c ontract with a
73	119		school, any licensed practitioner of the healing arts, or any person
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74	147		designated by the school administration to administer an opiate
75	148		emergency opioid antagonist in the event of a suspected overdose
76	149		pursuant to Section 2 of this act Section 1210.242 of Title 70 of
77	150		the Oklahoma Statutes .
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79	151		B. First responders shall have the authority to administer,
80	152		without prescription, opiate emergency opioid antagonists when
81	153		encountering an individual exhibiting signs of an opiate opioid
82	154		overdose.
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84	155		C. First responders may provide, without prescription, opiate
85	156		emergency opioid antagonists to individuals who have experienced or
86	157		witnessed an opiate opioid overdose for use by those individuals at
87	158		a later date.
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89	159		D. For the purposes of this provision section, a first
90	160		responder shall include:
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94	161		1. Law enforcement officials;
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96	162		2. Emergency medical technicians;
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98	163		3. Firefighters;
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100	164		4. Medical personnel at schools includin g any public or charter
101	165		schools, technology center schools and institutions of higher
102	166		education;
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104	167		5. Forensic laboratory personnel of the Oklahoma State Bureau
105	168		of Investigation as designated by the Executive Director;
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107	196		6. Personnel of the Department of Cor rections or of any entity
108	197		that contracts with the Department of Corrections to provide housing
109	198		or services for inmates of the Department of Corrections; and
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111	199		7. Certified alcohol and drug counselors and licensed alcohol
112	200		and drug counselors.
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114	201		E. Any first responder administering or providing an opiate
115	202		antagonist who administers or provides an emergency opioid
116	203		antagonist in good faith and in a manner consistent with addressing
117	204		opiate opioid overdose shall be covered under the Good Samaritan Act
118	205		not be liable for any civil damages as a result of a ny acts or
119	206		omissions by such first responder except for committing gross
120	207		negligence or willful wanton wrongs in administering or providing
121	208		such emergency opioid antagonist .
122		-
123	209		SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -2506.2, as
124	210		amended by Section 1, Chapter 74, O.S.L. 2023 (63 O.S. Supp. 2023,
125	211		Section 1-2506.2), is amended to read as follows:
126		-
127	212		Section 1-2506.2. A. As used in this section, “emergency
128	213		opioid antagonist” means a drug including , but not limited to,
129	214		naloxone that blocks the effects of opioids and that is approved by
130	215		the United States Food and Drug Administration for the treatment of
131	216		an opioid overdose.
132		-
133		-
134		-	ENR. S. B. NO. 1740 Page 4
135	217		B. Upon request, a provider may prescribe an emergency opioid
136	218		antagonist to an individual for use by that individual when
137	219		encountering a family member exhibiting signs of an opioid ov erdose.
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139	247		B. C. When an emergency opioid antagonist is prescribed in
140	248		accordance with subsection A subsection B of this section, the
141	249		provider shall provi de:
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143	250		1. Information on how to spot sym ptoms of an overdose;
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145	251		2. Instruction in basic resuscitation techni ques;
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147	252		3. Instruction on proper emergency opioid antagonist
148	253		administration; and
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150	254		4. The importance of calling nine-one-one (911) 9-1-1 for help.
151		-
152	255		C. D. Any family member administering an who administers an
153	256		emergency opioid antagonist in good faith and in a manner consistent
154	257		with addressing opioid overdose shall be covered under the Good
155	258		Samaritan Act not be liable for any civil damages as a result of any
156	259		acts or omissions by such family memb er in administering such
157	260		emergency opioid antagonist .
158		-
159	261		D. E. Any provider prescribing or administering who prescribes
160	262		or administers an opioid antagonist in good faith and in a manner
161	263		consistent with addressing opioid overdose shall be covered under
162	264		the Good Samaritan Act not be liable for any civil damages as a
163	265		result of any acts or omissions by such provider except for
164	266		committing gross negligence or willful wanton wrongs in prescribing
165	267		or administering such emergency opioid antagonist.
166		-
167	268		SECTION 3. AMENDATORY 76 O.S. 2021, Section 5, is
168	269		amended to read as follows:
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170	297		Section 5. (a) A. Everyone is responsible, not only for the
171	298		result of his or her willful acts, but also for an injury occasioned
172	299		to another by his or her want of ordinary care or skill in the
173	300		management of his or her property or person, except so far as the
174	301		latter has, willfully or by want of ordinary care, brought the
175	302		injury upon himself or herself, and except as hereinafter provided .
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178		-	ENR. S. B. NO. 1740 Page 5
179	303		(1) 1. Where no prior contractual r elationship exists, any
180	304		person licensed to practice any method of t reatment of human
181	305		ailments, disease, pain, injury, deformity, mental or physical
182	306		condition, or licensed to render services ancillary thereto,
183	307		including licensed registered and practical nurses, who, under
184	308		emergency circumstances that suggest the giving of aid is the only
185	309		alternative to probable death or serious bodily injury, in good
186	310		faith, voluntarily and without compensation, renders or attempts to
187	311		render emergency care to an injured perso n or any person who is in
188	312		need of immediate medical aid, wherever r equired, shall not be
189	313		liable for damages as a result of any acts or omissions except for
190	314		committing gross negligence or willful or wanton wrongs in ren dering
191	315		the emergency care.
192		-
193	316		(2) 2. Where no prior contractual relationship exists, any
194	317		person who in good faith renders or attempts to render emergency
195	318		care consisting of artificial respiration, restoration of breathing ,
196	319		use of an emergency opioid antagonist to prevent opioid overdose , or
197	320		preventing or retarding the loss of blood, or aiding or restoring
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198	348		heart action or circulation of blood to the victim or victims of an
199	349		accident or emergency, wherever required, shall not be liable for
200	350		any civil damages as a result of any acts or omissions by such
201	351		person in rendering the emergency care. As used in this paragra ph,
202	352		“emergency opioid antagonist ” means a drug including , but not
203	353		limited to, naloxone that blocks the effects of opioids and that is
204	354		approved by the United States Food and Drug Administrat ion for the
205	355		treatment of an opioid overdose.
206		-
207	356		(3) 3. Where no prior contractual relationship exists, any
208	357		person licensed to perform surgery or dentistry in this state who in
209	358		good faith renders emergency care requiring the performance of an
210	359		operation or other form of surgery upon any individual who was the
211	360		victim of an accidental act shall not be liable for any civil
212	361		damages or subject to criminal prosecution as the result of
213	362		nonconsent whereby such person renders or att empts to render the
214	363		emergency surgery or operation voluntarily and without compensation,
215	364		wherever required, except for gross negligence or willful or wanton
216	365		wrongs committed in rendering the care; provided, however, that the
217	366		exemption granted by this subse ction shall not attach if the victim
218	367		is an adult who is conscious and capable of giving or refusing his
219	368		or her consent; or if the victim ’s spouse, or parent, or guardian in
220	369		the case of a minor or incompetent person, can be reached in a
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223	370		reasonable time cons idering the condition of the victim an d
224	371		consistent with good medical practice, and unless concurrence is
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225	399		obtained for such emergency surgery or operation from one other
226	400		person licensed to perform surgery in this state.
227		-
228	401		(4) 4. Where no contractual relation ship exists, any person, or
229	402		any member of his or her immediate family or household, who has been
230	403		approved by the local P.T.A. or other local sponsoring agency or
231	404		organization, who has registered with the local municipal police
232	405		chief or the county sheriff, and who has been granted appropriate
233	406		authorization by either the police chief or the county sheriff to
234	407		indicate by sign in the window of his or her home or in any other
235	408		tangible or identifiable manner that he or she will extend aid and
236	409		refuge to persons on the streets in apparent danger, or in need of
237	410		aid, by inviting those persons into the person ’s home, or onto
238	411		premises thereof, and in good faith provides such refuge or aid
239	412		without objection of the endangered or needy person, whether child
240	413		or adult, neither the person extending the aid and re fuge nor the
241	414		homeowner or head of household shall be liable for civ il damages as
242	415		a result of actions or omissions in rendering emergency physical
243	416		care to the body of the aided person; nor shall they be liable for
244	417		civil damages for any other injury in the home, or on premises
245	418		thereof, to the person aided, nor for any failu re to provide or
246	419		arrange for his or her police protection or other protection or
247	420		medical treatment, when the actions or omissions were those of an
248	421		ordinarily reasonably prudent person under the circumstances without
249	422		want of ordinary care or skill.
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251	450		(b) B. This act section shall be known and may be cited as the
252	451		“Good Samaritan Act.”.
253		-
254	452		SECTION 4. It being immediately necessary for the prese rvation
255	453		of the public peace, health or safety, an emergency is hereby
256	454		declared to exist, by reason whereo f this act shall take effect and
257	455		be in full force from and after its passage and approval.
258	456
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260		-	ENR. S. B. NO. 1740 Page 7
261		-	Passed the Senate the 5th day of March, 2024.
262		-
263		-
264		-
265		-	Presiding Officer of the Senate
266		-
267		-
268		-	Passed the House of Representatives the 16th day of April, 2024.
269		-
270		-
271		-
272		-	Presiding Officer of the House
273		-	of Representatives
274		-
275		-	OFFICE OF THE GOVERNOR
276		-	Received by the Office of the Governor this _______ _____________
277		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
278		-	By: _________________________________
279		-	Approved by the Governor of the State of Oklahoma this _______ __
280		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
281		-
282		-	_________________________________
283		-	Governor of the State of Oklahoma
284		-
285		-
286		-	OFFICE OF THE SECRETARY OF STATE
287		-	Received by the Office of the Secretary of State this _______ ___
288		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
289		-	By: _________________________________
	457	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 03/2 7/2024 -
	458	+	DO PASS.