HB 2749

                                                PRINTER'S NO.   3839
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2749
                                          Session of
                                            2026
INTRODUCED BY HANBIDGE, WAXMAN, POWELL, SANCHEZ AND D. WILLIAMS,
   AUGUST 25, 2026
REFERRED TO COMMITTEE ON HEALTH, AUGUST 25, 2026
                               AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2    "An act relating to the manufacture, sale and possession of
3    controlled substances, other drugs, devices and cosmetics;
4    conferring powers on the courts and the secretary and
5    Department of Health, and a newly created Pennsylvania Drug,
6    Device and Cosmetic Board; establishing schedules of
7    controlled substances; providing penalties; requiring
8    registration of persons engaged in the drug trade and for the
9    revocation or suspension of certain licenses and
10    registrations; and repealing an act," further providing for
11    drug overdose medication.
12    The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14    Section 1.    Section 13.8(e), (f) and (h) of the act of April
15 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
16 Drug, Device and Cosmetic Act, are amended and the section is
17 amended by adding a subsection to read:
18    Section 13.8.    Drug Overdose Medication.--* * *
19    (e)   (1)   A licensed health care professional who, acting in
20 good faith, prescribes or dispenses an opioid antagonist or an
21 expired opioid antagonist shall not be subject to any criminal
22 or civil liability or any professional disciplinary action for:
1    (i)    such prescribing or dispensing; or
2    (ii)     any outcomes resulting from the eventual administration
3 of the opioid antagonist.
4    (2)    The immunity under paragraph (1) shall not apply to a
5 health professional who acts with intent to harm or with
6 reckless indifference to a substantial risk of harm.
7    (f)    (1)   A person, law enforcement agency, fire department
8 or fire company under subsection (b)(2) or (c) who, acting in
9 good faith and with reasonable care, administers an opioid
10 antagonist or an expired opioid antagonist to another person
11 whom the person believes to be suffering an opioid-related drug
12 overdose:
13    (i)    Shall be immune from criminal prosecution, sanction
14 under any professional licensing statute and civil liability for
15 such act.
16    (ii)     Shall not be subject to professional review for such
17 act.
18    (iii)    Shall not be liable for any civil damages for acts or
19 omissions resulting from such act.
20    (2)    Receipt of training and instructional materials that
21 meet the criteria of subsection (a) and the prompt seeking of
22 additional medical assistance shall create a rebuttable
23 presumption that the person acted with reasonable care in
24 administering an opioid antagonist.
25    (f.1)    A municipality, local health department or community-
26 based organization that provides or distributes an expired
27 opioid antagonist shall not be subject to any criminal or civil
28 liability for:
29    (1)    the dispensing or provision of the expired opioid
30 antagonist under this section; or
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1    (2)   any outcomes resulting from the eventual administration
2 of the expired opioid antagonist.
3    * * *
4    (h)   As used in this section, the [term "opioid antagonist"
5 means a] following words and phrases shall have the meanings
6 given to them in this subsection unless the context clearly
7 indicates otherwise:
8    "Expired opioid antagonist" means an opioid antagonist that
9 has an expiration date that is less than five years from the
10 date of use.
11    "Municipality" means a city, borough, incorporated town or
12 township.
13    "Opioid antagonist" means a drug or device approved by the
14 Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §
15 301 et seq.) for emergency reversal of known or suspected opioid
16 overdose, including naloxone hydrochloride or other similarly
17 acting drugs approved by the United States Food and Drug
18 Administration for the treatment of an opioid overdose.
19    Section 2.   This act shall take effect in 60 days.
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