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:

HOUSE DOCKET, NO. 150        FILED ON: 1/10/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2168

[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:
 

SECTION 1. Chapter 111C of the General Laws is hereby amended by striking out section 18, as appearing in the 2012 Official Edition, and inserting in place thereof the following 2 sections:

Section 18. Subject to regulations and guidelines promulgated by the department, an emergency medical technician may restrain a patient who presents an immediate or serious threat of bodily harm to himself or others. Upon request by an EMT, a law enforcement official shall assist in the restraint of a patient. The minimum necessary restraint shall be used. Any such restraint shall be noted in the written report of said emergency medical technician.

Section 18A. If a law enforcement official, firefighter or EMS personnel administers an opioid antagonist, as defined in section 19B of chapter 94C, to a person suffering from an apparent drug overdose, such person shall be transported, with or without the person’s consent, by ambulance to a hospital for monitoring, observation and possible treatment until such time as the treating physician determines that the overdose has been reversed and the person is not in imminent danger. Law enforcement officials or EMS personnel may restrain a person transported pursuant to this section in accordance with the provisions of section 18. If a law enforcement official reasonably believes that his or her safety or the safety of other persons present so requires, the officer may search the person and the immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapons which may on that occasion be used against the officer or other person present.

SECTION 2. Said chapter 111C is hereby further amended by striking out section 21, as so appearing, and inserting in place thereof the following section:-

Section 21. No EMS personnel certified, accredited or otherwise approved under this chapter, and no additional personnel certified or authorized under section 9, who in the performance of their duties and in good faith render emergency first aid, cardiopulmonary resuscitation, transportation, including the transportation of a person suffering from an apparent drug overdose pursuant to section 18A, or other EMS, to an injured person or to a person incapacitated by illness shall be personally liable as a result of rendering such aid or services or, in the case of an emergency medical technician or additional personnel, as a result of transporting such person to a hospital or other health care facility, nor shall they be liable to a hospital for its expenses if, under emergency conditions, including expenses incurred in monitoring, observing or treating a person pursuant to section 18A, they cause the admission of such person to said hospital.

SECTION 3. Chapter 112 of the General Laws is hereby amended by striking out section 12V, as amended by chapter 38 of section 2014, and inserting in place thereof the following section:-

Section 12V. Any person who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation, defibrillation, transport to a hospital, or administration of an opioid antagonist, as defined in section 19B of chapter 94C, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.