ASSEMBLY, No. 2770

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED FEBRUARY 25, 2014

 


 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblyman  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywomen Jimenez, Pinkin and Assemblyman Giblin

 

 

 

 

SYNOPSIS

     Provides for certification for emergency medical technicians to administer opioid antidotes.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the administration of opioid antidotes and supplementing chapter 2K of Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     "Commissioner" means the Commissioner of Health;

     "Emergency medical service" means a program in a hospital staffed 24 hours-a-day by a licensed physician trained in emergency medicine;

     "Emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health to provide that level of care;

     “Opioid antidote” means naloxone hydrochloride or any other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

 

     2.    a. An emergency medical technician who has been certified by the commissioner pursuant to subsection b. of this section to administer an opioid antidote shall administer, maintain, and dispose of the administration device in accordance with rules and regulations adopted by the commissioner.

     Each administration of an opioid antidote pursuant to this act shall be reported to the Department of Health in a manner determined by the commissioner.

     b.    The commissioner shall establish written standards and application procedures which an emergency medical technician shall meet in order to obtain certification to administer opioid antidotes.  The commissioner shall certify a candidate who provides evidence of satisfactory completion of an educational program which is approved by the commissioner that includes training in the administration of opioid antidotes.

     c.    The commissioner shall maintain a registry of all persons certified pursuant to this section, which shall include, but not be limited to:

     (1)   the person's name and residence; and

     (2)   the date that certification was granted.

     d.    The commissioner shall annually compile a list of emergency medical technicians who have obtained certification to administer opioid antidotes pursuant to this section, which shall be available to the public.

     e.    A fee may be charged to a person enrolled in an educational program approved by the department which includes training in the administration of opioid antidotes in order to cover the cost of training and testing for certification pursuant to this section, if the entity that provides the educational program is not reimbursed for the cost of that training and testing from the "Emergency Medical Technician Training Fund" established pursuant to section 3 of P.L.1992, c.143 (C.26:2K-56).

 

     3.    Notwithstanding the provisions of any other law to the contrary, an emergency medical technician, first aid, ambulance or rescue squad, or other entity employing the services of an emergency medical technician certified to administer an opioid antidote pursuant to section 2 of this act may purchase, store, or transport the opioid antidotes pursuant to an agreement with an emergency medical service, a hospital, or a State licensed physician trained in emergency medicine, for the purpose of providing basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21).

 

     4.    The commissioner, after notice and hearing, may revoke the certification granted pursuant to section 2 of this act for a violation of any provision of this act or any rule or regulation adopted by the commissioner pursuant to this act.

 

     5.    There shall be no liability for any civil damages as the result of an act or the omission of an act committed while in training to administer, or in the administration of, an opioid antidote in good faith and in accordance with the provisions of this act for:  (1) an emergency medical technician certified to administer an opioid antidote pursuant to section 2 of this act; (2) a licensed physician; (3) a hospital or its board of trustees, officers, and members of the medical staff, nurses, paramedics, or other employees of the hospital; or (4) officers and members of a first aid, ambulance, or rescue squad.

 

     6.    Nothing in this act shall be construed to:

     a.    permit a person certified to administer an opioid antidote pursuant to section 2 of this act to perform the duties or fill the position of another health care professional employed by a hospital;

     b.    interfere with an emergency service training program authorized and operated under the provisions of the "New Jersey Highway Traffic Safety Act of 1987," P.L.1987, c.284 (C.27:5F-18 et seq.);

     c.    prohibit the administration of an opioid antidote by a person acting pursuant to a lawful prescription or pursuant to sections 1 through 6 of the “Overdose Prevention Act,” P.L.2013, c.46 (C.24:6J-1 et seq.); or

     d.    prevent a licensed and qualified member of a health care profession from administering an opioid antidote if the duties are consistent with the accepted standards of the member's profession.


     7.    Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health shall adopt rules and regulations to effectuate the purposes of this act, including medical protocols for the administration of opioid antidotes.

 

     8.    This act shall take effect on the first day of the fourth month next following the date of enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill provides for the training and certification of emergency medical technicians (EMTs) in the administration of opioid antidotes. 

     The bill directs the Commissioner of Health to establish the written standards and procedures that an EMT must meet in order to obtain certification.  The commissioner would be required to certify a candidate who provides evidence of satisfactory completion of an educational program which is approved by the commissioner and includes training in the administration of opioid antidotes.  The bill also requires the commissioner to maintain a registry of all persons certified to administer opioid antidotes pursuant to the bill, and to compile a list of persons who have obtained certification that will be made available to the public.  Each administration of an opioid antidote under the provisions of this bill must be reported to the Department of Health.  The commissioner may revoke certification for violations of the bill.

     The bill provides that a fee may be charged to an enrollee in a training program in order to cover the cost of training and testing for certification, if the entity providing the program is not reimbursed for the cost of that training and testing from the "Emergency Medical Technician Training Fund."

     The bill provides that there will be no liability for an EMT certified to administer an opioid antidote pursuant to the bill, or to a licensed physician; a hospital or its board of trustees, officers, and members of the medical staff, nurses, paramedics or other employees of the hospital; or officers and members of a first aid, ambulance, or rescue squad for any civil damages as the result of an act or the omission of an act committed while in training to administer, or in the administration of, an opioid antidote.

     The bill requires the Commissioner of Health to adopt rules and regulations to effectuate the purposes of the bill, including medical protocols for the administration of opioid antidotes.