Section 1 Short title
This Act may be cited as the “Samaritan Efforts to Ensure Key Health Emergency and Life-saving Protections Act” or the “SEEK HELP Act”.
Samaritan Efforts to Ensure Key Health Emergency and Life-saving Protections Act
A BILL
To provide protections from prosecution for drug possession to individuals who seek medical assistance when witnessing or experiencing an overdose, and for other purposes.
Sec. 2 Definitions
In this Act—
the term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802);
the term emergency response providers has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101);
the term opioid overdose reversal drug means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that—
is indicated for the partial or complete reversal of the pharmacological effects of an opioid overdose in the human body; and
has moved in or affecting interstate or foreign commerce;
the term Secretary means the Secretary of Health and Human Services; and
the term seek medical assistance means—
reporting a drug overdose or other medical emergency to a law enforcement authority, an emergency response provider, the 9–1–1 system, a poison control center, or a medical or drug treatment provider; or
assisting another individual who is making a report described in subparagraph (A).
Sec. 3 Good Samaritan protections for drug overdose responses
Civil liability protections for administration of opioid overdose reversal drugs—
In general— Except as provided in paragraph (2), an individual shall not be liable in a civil action in a Federal or State court for harm caused by the emergency administration of an opioid overdose reversal drug to another individual who is or reasonably appears to be suffering a drug overdose if the individual administers the opioid overdose reversal drug in good faith.
Exceptions— Paragraph (1) shall not apply with respect to harm caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed.
Rule of construction— With respect to a person who administers an opioid overdose reversal drug to another individual, this section supersedes the law of a State only to the extent that the State has no statute or regulation that provides such a person with immunity in a civil action for the use of an opioid overdose reversal drug, as described in paragraph (1).
Criminal liability protections for seeking medical assistance for an overdose—
Definition— In this subsection, the term covered individual means an individual who—
in good faith and a timely manner—
seeks medical assistance for an individual experiencing or reasonably appears to be experiencing a drug overdose; or
seeks medical assistance for himself or herself for a drug overdose; and
did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search or seizure.
Liability protection— A covered individual shall not be subject to prosecution, civil asset forfeiture, or revocation of supervised released under section 404 of the Controlled Substances Act (21 U.S.C. 844) for possession of a controlled substance if a law enforcement agency, or other government agency, is made aware of the possession solely based on the fact that the covered individual sought medical assistance as described in clause (i) or (ii) of paragraph (1)(A).
Admissibility and seizure of evidence or contraband— Nothing in this subsection shall be construed—
to limit the admissibility of evidence in connection with the prosecution of—
an offense with regard to an individual who does not qualify for the protections under paragraph (2); or
an offense not described in paragraph (2) that is committed by an individual who qualifies for the protections under such paragraph; or
to limit any seizure of evidence or contraband otherwise permitted by law.
Public awareness campaign— The Secretary, in consultation with the Administrator of the Drug Enforcement Administration, shall carry out a public awareness campaign regarding the liability protections under this section.
Use of JAG funds— Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the following:
“(J) Training programs for law enforcement officers of States and units of local government regarding legal protections for individuals seeking medical assistance in connection with a controlled substance overdose.”
Sec. 4 Use of block grant funding for public awareness campaigns and initiatives
In general— A State receiving a grant under section 1921 of the Public Health Service Act (42 U.S.C. 300x–21) may use amounts described in section 1922(a)(1) of such Act (42 U.S.C. 300x–22(a)(1)) to—
conduct a public awareness campaign regarding the overdose Good Samaritan law of the State;
provide training to criminal justice professionals, stakeholders (including health care providers), and the general public on applicable overdose Good Samaritan laws; and
to the extent possible, share data with the Secretary regarding the impact of overdose Good Samaritan laws of the State on individuals experiencing an overdose, which shall include the number of calls seeking medical assistance that were received by a law enforcement agency, the 9–1–1 system, a poison control center, or a medical or drug treatment providers for seeking medical assistance in the event of a drug overdose.
Definition— In this section, the term overdose Good Samaritan law means a statute providing protection from liability relating to seeking medical assistance in connection with a controlled substance overdose or administering an opioid overdose reversal drug.
Sec. 5 GAO report to study effectiveness and implementation
In general— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on evaluating the implementation of Good Samaritan laws for drug overdose and the effectiveness of grant funding provided to States and localities for awareness campaigns related to those laws.
Contents— The report required under subsection (a) shall—
assess the extent to which States and localities have implemented and enforced Good Samaritan laws for drug overdose;
evaluate the effectiveness of the laws described in paragraph (1) in encouraging the reporting of overdoses and the provision of timely medical assistance;
an estimate of the number of individuals impacted by the laws described in paragraph (1), including the number of individuals who have received legal protections or immunities under such laws;
analyze the impact of the laws described in paragraph (1), including—
an assessment of changes in overdose-related fatalities, emergency department visits, and the use of naloxone or other overdose reversal interventions; and
data on the number of calls received for overdoses before and after the implementation of such laws;
evaluate the effectiveness of grant funding provided to States and localities for the purpose of spreading awareness about the laws described in paragraph (1);
assess the reach and impact of educational campaigns, community outreach initiatives, and training programs aimed at informing the public, healthcare providers, law enforcement personnel, and other relevant stakeholders about the protections and benefits provided by the laws described in paragraph (1);
identify any barriers or challenges encountered during the implementation of the laws described in paragraph (1) and associated awareness campaigns, including—
examining the legal, logistical, resource-related, or cultural factors that may impede successful adoption and utilization of the laws; and
exploring any challenges faced by individuals seeking help or reporting overdoses due to potential legal repercussions;
highlight any best practices identified in States and localities that have effectively implemented the laws described in paragraph (1) and conducted successful awareness campaigns;
provide recommendations for improving the implementation and impact of the laws described in paragraph (1) and optimizing the use of grant funding for education and outreach efforts; and
if multiple States or localities have implemented different variations of the laws described in paragraph (1), include a comparative analysis of their respective approaches identifying variations in outcomes, effectiveness, or challenges faced and providing insights for potential improvements or standardization of the laws.
Cooperation and access— Federal agencies and relevant State and local authorities shall cooperate with the Comptroller General of the United States and provide access to necessary information and data to facilitate the completion of the report required under subsection (a).