An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for definitions and for drug overdose medication.

PRINTER'S NO. 1187
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1022
Session of
2025
INTRODUCED BY CAPPELLETTI, TARTAGLIONE, KANE, HAYWOOD AND COSTA,
OCTOBER 3, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 3, 2025
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
definitions and for drug overdose medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(b) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended by adding definitions to
read:
Section 2. Definitions.--* * *
(b) As used in this act:
* * *
"Community college" means an institution created under
Article XIX-A of the act of March 10, 1949 (P.L.30, No.14),
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known as the Public School Code of 1949, or the act of August
24, 1963 (P.L.1132, No.484), known as the Community College Act
of 1963.
* * *
"Coprescribe" means the practice of prescribing or dispensing
an emergency opioid antagonist in conjunction with an opioid
prescription.
"Correctional institution" means a correctional institution
as defined in 61 Pa.C.S. § 102 (relating to definitions) or a
facility that confines a juvenile under 42 Pa.C.S. Ch. 63
(relating to juvenile matters).
* * *
"Emergency opioid antagonist" means a drug, including
naloxone, approved by the United States Food and Drug
Administration for the complete or partial reversal of an
opioid-related overdose.
* * *
"Institution of higher education" means an institution of
higher education operated not for profit, located within this
Commonwealth and incorporated or chartered by the Commonwealth,
entitled to confer degrees as provided in 24 Pa.C.S. § 6505
(relating to power to confer degrees) and entitled to apply to
itself the designation "college" or "university" as provided for
by standards and qualifications prescribed by the State Board of
Education under 24 Pa.C.S. Ch. 65 (relating to private colleges,
universities and seminaries).
* * *
"Nonpublic school" means a nonprofit school, other than a
public school in this Commonwealth, at which a resident of this
Commonwealth may legally fulfill the compulsory school
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attendance requirements of Article XIII of the Public School
Code of 1949 and that meets the requirements of 42 U.S.C. Ch. 21
Subch. V (relating to federally assisted programs).
* * *
"Opioid" means any of the following:
(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects
but is not derived from opium.
(3) A group of naturally occurring peptides that bind at
or otherwise influence opiate receptors, including an opioid
agonist.
* * *
"Public institution of higher education" means a community
college, State-owned institution or State-related institution
approved by the Department of Education.
"Public school" means a public school as defined in section
1101-B of the Public School Code of 1949.
* * *
"State-owned institution" means an institution that is part
of the State System of Higher Education under Article XX-A of
the Public School Code of 1949.
"State-related institution" means The Pennsylvania State
University, the University of Pittsburgh, Temple University or
Lincoln University, including the branch campuses of these
institutions.
* * *
Section 2. Section 13.8 of the act is amended to read:
Section 13.8. Drug Overdose Medication.--(a) The
department, in carrying out its duties under 28 Pa. Code Ch.
1023 (relating to personnel), shall have the following duties:
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(1) Amend the prehospital practitioner scope of practice of
emergency medical services providers to include the
administration of an opioid antagonist.
(2) In consultation with the Pennsylvania Emergency Health
Services Council, implement training, treatment protocols,
equipment lists and other policies and procedures for all types
of emergency medical services providers.
(3) In consultation with the Department of Drug and Alcohol
Programs, develop or approve model training programs and
instructional materials [about recognizing opioid-related
overdoses, administering an opioid antagonist and promptly
seeking medical attention. The training and instruction
materials shall be provided free of charge on the Internet.]
according to the following:
(i) The model training programs and instructional materials
shall cover the following items:
(A) The importance of emergency opioid antagonists in
preventing deaths from opioid-related overdoses.
(B) How to recognize the signs and symptoms of opioid-
related overdoses.
(C) The essential steps in responding to an opioid-related
overdose, including administering emergency opioid antagonists
and promptly seeking medical attention.
(D) Where and how to obtain emergency opioid antagonists in
this Commonwealth.
(E) How to destigmatize the possession of an emergency
opioid antagonist.
(F) State laws, including this section, limiting civil and
criminal liability for prescribing, dispensing, distributing or
administering emergency opioid antagonists or for contacting law
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enforcement for individuals believed to be experiencing an
opioid-related overdose.
(ii) The department and the Department of Drug and Alcohol
Programs shall publish the model training programs and
instruction materials free of charge on the departments'
publicly accessible Internet websites.
(iii) Model training programs and instructional materials
prepared for public schools, nonpublic schools and institutions
of higher education under this paragraph shall comply with all
of the following:
(A) Be age appropriate.
(B) Be developed in consultation with the Department of
Education.
(C) Include guidelines for the trainings described under
subsections (i) and (j).
(iv) Model training programs and instructional materials
prepared for correctional institutions under this paragraph
shall include guidelines for the trainings described under
subsection (c.2) and shall be developed in consultation with the
Department of Corrections.
(v) The department shall tailor the model training programs
to the unique needs of each of the following groups:
(A) Individuals who may potentially administer an emergency
opioid antagonist to individuals exhibiting the signs of an
opioid-related overdose.
(B) Prescribers and dispensers.
(C) Law enforcement officers and firefighters.
(D) Emergency medical services providers.
(E) Laypeople and bystanders.
(F) Public schools, nonpublic schools and public
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institutions of higher education.
(G) Correctional institution staff.
(H) Community-based organizations.
(4) In consultation with the Department of Drug and Alcohol
Programs and community-based organizations, establish a
Statewide educational initiative to promote the items listed
under paragraph (3)(i) and any additional measures that promote
safe distribution, use and administration of emergency opioid
antagonists in this Commonwealth.
(b) A law enforcement agency, fire department or fire
company may enter into written agreements with emergency medical
services agencies, with the consent of that agency's medical
director or a physician, to do the following:
(1) Obtain a supply of an emergency opioid antagonist.
(2) Authorize a law enforcement officer or firefighter who
has completed training under subsection (a)(2), or who has
received the training and instructional materials under
subsection (a)(3), to administer an emergency opioid antagonist
to an individual undergoing or believed to be undergoing an
opioid-related drug overdose.
(c) Notwithstanding any other law to the contrary, a health
care professional otherwise authorized to prescribe an emergency
opioid antagonist may dispense, prescribe or distribute the
emergency opioid antagonist directly or by a standing order to
an authorized law enforcement officer or firefighter in
accordance with an agreement under subsection (b) or to a person
at risk of experiencing an opioid-related overdose or family
member, friend or other person in a position to assist a person
at risk of experiencing an opioid-related overdose.
(c.1) Notwithstanding any other provision of law, a health
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care professional issuing an initial or renewal prescription for
an opioid in this Commonwealth shall coprescribe an emergency
opioid antagonist.
(c.2) (1) A correctional institution shall provide training
and instructional materials developed by the department under
subsection (a)(3) to employes of the correctional institution
and incarcerated individuals. Employes and volunteers of a
correctional institution may take part in a training program
developed through the department under subsection (a)(3).
(2) Notwithstanding any other provision of this act, a
health care professional authorized to issue prescriptions for
opioids in this Commonwealth may prescribe emergency opioid
antagonists in the name of a correctional institution to be
maintained for use under paragraph (5).
(3) A correctional institution shall maintain at the
correctional institution in a safe, secure location a supply of
emergency opioid antagonists.
(4) Individuals who are responsible for the storage and use
of emergency opioid antagonists under this subsection must
successfully complete training developed by the department under
subsection (a)(3).
(5) A correctional institution shall establish a prisoner
release program to do all of the following on the day of an
individual's release from incarceration:
(i) Offer the individual an emergency opioid antagonist.
(ii) Provide the individual with instructions on the use of
emergency opioid antagonists in the form of a written pamphlet
or other accessible instructional materials for an individual
with a disability.
(iii) Require the individual to sign a written form
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indicating that the individual has been given the opportunity to
receive an emergency opioid antagonist.
(iv) Provide the individual with information regarding where
and how to obtain additional emergency opioid antagonist doses
locally.
(6) When offering an emergency opioid antagonist under
paragraph (5), the individual shall be given as much of the
emergency opioid antagonist as the individual requests and is
reasonably available at the correctional institution.
(d) The provisions of the act of September 27, 1961
(P.L.1700, No.699), known as the "Pharmacy Act," shall not apply
to a law enforcement officer or firefighter who stores an
emergency opioid antagonist pursuant to an agreement under
subsection (b), and in accordance with directions from the
health care professional that prescribed, dispensed or
distributed the emergency opioid antagonist, or to a person or
organization acting at the direction of a health care
professional authorized to prescribe an emergency opioid
antagonist so long as such activities are undertaken without
charge or compensation.
(e) (1) A licensed health care professional who, acting in
good faith, prescribes or dispenses an emergency opioid
antagonist shall not be subject to any criminal or civil
liability or any professional disciplinary action for:
(i) such prescribing or dispensing; or
(ii) any outcomes resulting from the eventual administration
of the emergency opioid antagonist.
(2) The immunity under paragraph (1) shall not apply to a
health professional who acts with intent to harm or with
reckless indifference to a substantial risk of harm.
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(f) (1) A person, law enforcement agency, fire department
or fire company under subsection (b)(2) [or (c)], (c) or (c.2)
who, acting in good faith and with reasonable care, administers
an emergency opioid antagonist to another person whom the person
believes to be suffering an opioid-related drug overdose:
(i) Shall be immune from criminal prosecution, sanction
under any professional licensing statute and civil liability for
such act.
(ii) Shall not be subject to professional review for such
act.
(iii) Shall not be liable for any civil damages for acts or
omissions resulting from such act.
(2) Receipt of training and instructional materials that
meet the criteria of subsection (a) and the prompt seeking of
additional medical assistance shall create a rebuttable
presumption that the person acted with reasonable care in
administering an emergency opioid antagonist.
(g) Nothing in this section shall be interpreted to limit
any existing immunities for emergency response providers and
others provided for under 42 Pa.C.S. § 8332 (relating to
emergency response provider and bystander good Samaritan civil
immunity).
[(h) As used in this section, the term "opioid antagonist"
means a drug or device approved by the Federal Food, Drug, and
Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for
emergency reversal of known or suspected opioid overdose,
including naloxone hydrochloride or other similarly acting drugs
approved by the United States Food and Drug Administration for
the treatment of an opioid overdose.]
(i) (1) Each public school or public institution of higher
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education shall authorize at least one school employe trained
under paragraph (5) to:
(i) Provide an emergency opioid antagonist that meets the
prescription on file for the public school or public institution
of higher education to a student or employe.
(ii) Administer to a student or employe an emergency opioid
antagonist that meets the prescription on file for the public
school or public institution of higher education.
(iii) Administer an emergency opioid antagonist that meets
the prescription on file for the public school or public
institution of higher education to a student or employe that the
administering employe believes in good faith to be having an
opioid-related overdose.
(2) Notwithstanding any other provision of this act, a
health care professional authorized to issue prescriptions for
opioids in this Commonwealth may prescribe emergency opioid
antagonists in the name of the public school or public
institution of higher education to be maintained for use under
paragraph (1).
(3) A public school or public institution of higher
education shall maintain at the public school or public
institution of higher education in a safe, secure location a
supply of emergency opioid antagonists.
(4) A public school or public institution of higher
education shall designate one or more employes at the public
school or public institution of higher education who shall be
responsible for the storage and use of the opioid emergency
antagonists.
(5) An employe who is responsible for the storage and use of
emergency opioid antagonists under paragraph (4) must
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successfully complete a model training program developed by the
department under subsection (a)(3).
(6) An employe may utilize an emergency opioid antagonist
from the school's or institution's supply to administer to a
student or employe in response to an opioid-related overdose
under paragraph (1)(iii).
(7) If a student or employe is believed to be having an
opioid-related overdose, the public school's or public
institution of higher education's nurse or an employe under
paragraph (4) shall contact 911 as soon as possible.
(8) At the request of a parent or legal guardian of a public
school student or student at a public institution of higher
education who is a minor, the student shall be exempt from
paragraphs (1), (6) and (9). The principal of each public school
or a member of the governing body of each public institution of
higher education shall notify all parents or legal guardians of
the ability to exempt their minor children from paragraphs (1),
(6) and (9) by returning a signed opt-out form.
(9) The provisions of 42 Pa.C.S. §§ 8332 and 8337.1
(relating to civil immunity of school officers or employees
relating to emergency care, first aid and rescue) shall apply to
an individual who administers an emergency opioid antagonist
under this subsection.
(10) Administration of an emergency opioid antagonist under
this subsection shall comply with 29 U.S.C. § 794 (relating to
nondiscrimination under Federal grants and programs) and 22 Pa.
Code Ch. 15 (relating to protected handicapped students).
(11) A public school or public institution of higher
education shall provide training and instructional materials
developed by the department under subsection (a)(3) to employes
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and students. All employes of public schools and public
institutions of higher education may take part in a training
program.
(j) (1) A nonpublic school or institution of higher
education may authorize at least one employe trained under
paragraph (5) to:
(i) Provide an emergency opioid antagonist that meets the
prescription on file for the nonpublic school or institution of
higher education to a student or employe.
(ii) Administer to a student or employe an emergency opioid
antagonist that meets the prescription on file for the nonpublic
school or institution of higher education.
(iii) Administer an emergency opioid antagonist that meets
the prescription on file for the nonpublic school or institution
of higher education to a student or employe that the
administering employe believes in good faith to be having an
opioid-related overdose.
(2) Notwithstanding any other provision of this act, a
health care professional authorized to issue prescriptions for
opioids in this Commonwealth may prescribe emergency opioid
antagonists in the name of the nonpublic school or institution
of higher education to be maintained for use under paragraph
(1).
(3) A nonpublic school or institution of higher education
may maintain at the nonpublic school or institution of higher
education in a safe, secure location a supply of emergency
opioid antagonists.
(4) A nonpublic school or institution of higher education
that authorizes the provision of emergency opioid antagonists
under this subsection shall designate one or more employes at
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the nonpublic school or institution of higher education who
shall be responsible for the storage and use of the opioid
emergency antagonists.
(5) An employe who is responsible for the storage and use of
emergency opioid antagonists must successfully complete training
as described under subsection (a)(3).
(6) An employe trained under paragraph (5) may utilize an
emergency opioid antagonist from the nonpublic school's or
institution of higher education's supply to administer emergency
opioid antagonists to a student or employe in response to an
opioid-related overdose under paragraph (1)(iii).
(7) If a student or employe is believed to be having an
opioid-related overdose, the nonpublic school's or institution
of higher education's nurse or an employe under paragraph (4)
shall contact 911 as soon as possible.
(8) At the request of a parent or legal guardian of a
nonpublic school student or student at an institution of higher
education who is a minor, the student shall be exempt from
paragraphs (1), (6) and (9). The principal of each nonpublic
school or a member of the governing body of each institution of
higher education shall notify all parents and legal guardians of
the ability to exempt their minor children from paragraphs (1),
(6) and (9) by returning a signed opt-out form.
(9) The provisions of 42 Pa.C.S. §§ 8332 and 8337.1 shall
apply to an individual who administers an emergency opioid
antagonist under this subsection.
(10) Administration of an emergency opioid antagonist under
this subsection shall comply with 29 U.S.C. § 794 and 22 Pa.
Code Ch. 15.
(11) A nonpublic school or institution of higher education
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may provide training and instructional materials developed by
the department under subsection (a)(3) to employes and students.
All employes of nonpublic schools and institutions of higher
education may take part in the training.
Section 3. This act shall take effect in 60 days.
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