The 2014 regular session of the Louisiana Legislature opened in March, and it’s been an active legislative session already for Women With a Vision as staff headed to Baton Rouge this month for legislative hearings in support of two bills surrounding harm reduction and overdose prevention.
WWAV has campaigned for 911 Good Samaritan legislation and Naloxone Access laws that could save lives during an overdose. Overdose fatality rates have expanded in Louisiana and across the nation in recent years. Drug overdose was responsible for 38,329 deaths in the U.S. in 2010 alone, and overdoses are the No. 1 accidental killer of Americans 25 to 64 years old, surpassing even traffic deaths. The last national study by the Center for Disease Control (CDC) reported that 15 people per 100,000 people die of overdose yearly in the state of Louisiana – one of the highest rates in the nation.
Although many overdose deaths can be prevented, most people do not call 911 during an overdose because they fear being arrested or prosecuted for drug possession. WWAV believes that overdose deaths are preventable through public education campaigns and simple, cost-free legislation. Under current Louisiana law, an individual attempting to access emergency services is at risk of being arrested for paraphernalia or possession as opposed to being applauded for trying to save a life if he or she calls 911. WWAV has been advocating for the passage of 911 Good Samaritan laws in Louisiana, which would encourage witnesses to an overdose to call emergency services and save a life without fear fear of prosecution for possession of the substance.
Laws expanding access to the drug Naloxone can also save lives. Naloxone, also called by its brand name Narcan, is a prescription drug commonly administered by emergency room doctors to reverse the effects of opioid-related drug overdoses, including heroin and prescription painkillers. Currently Narcan is available only by prescription, but several states have loosened the normal restrictions on such drugs to allow providers to prescribe naloxone to third parties, such as family members or friends of drug users.
Narcan can be administered via injection or nasal spray shortly after an overdose and has been used effectively by first responders for decades, giving overdose victims a better chance of survival, since minutes are critical in the midst of a potentially fatal overdose. Eighteen states and the District of Columbia have implemented a law or developed a pilot program to allow administration of Narcan by professionals or others.
Two bills have been introduced in Louisiana this legislative session that would bring such laws to Louisiana.
Expanding Naloxone Access
Addressing the surge in heroin use and overdose deaths in Louisiana, Rep. Helena Moreno, D-New Orleans, sponsored House Bill (HB) 754 [pdf], which expands access to Naloxone by authorizing first responders — law enforcement officers, firefighters, or licensed emergency medical personnel — to administer Naloxone under contract with a physician. The bill would allow first responders to carry Narcan in their possession, and administer to anyone believed to be undergoing an opioid-related drug overdose. Law enforcement agencies and fire departments would enter into written agreements to affiliate with an ambulance service provider or physician to obtain the Narcan supply as well as the necessary training on how to safely and properly administer the drug. The first responder would be immune from civil liability, criminal prosecution or disciplinary “or other adverse action” as a result of administering the drug unless negligence is involved.
On April 2, HB 754 was approved without objection in the House Health and Welfare Committee and will now go on to be debated on the House floor.
Passing 911 Good Samaritan Laws
Sen. Sharon Weston Broome, D-Baton Rouge, sponsored Senate Bill (SB) 422 [pdf], which aims to provide legal immunity to witnesses of drug overdoses via 911 Good Samaritan legislation. It would exempt the person calling for help from criminal prosecution on drug possession charges. Legislation similar to SB 422 has been passed by 14 states, the latest being Georgia.
On March 25, Women With a Vision Executive Director Deon Haywood testified along with No Overdose Baton Rouge Executive Director Logan Kinamore and Human Rights Watch researcher Megan McLemore in front of the Senate Judiciary C Committee in favor of SB 422. The committee approved the bill without dissent, and it is now scheduled for a Senate floor debate.
SB 422 originally included an amendment that would also allow the wide distribution of Narcan. Police, emergency medical technicians, and community groups would be able to administer the drug without a physician’s say-so. But Sen. Broome withdrew the amendment during committee discussion when members of the committee argued that the wording was too permissive.
Sen. Broome has said that the amendment may be added back with changes before reaching the Senate floor. If the amendment is reinstated, the bill would allow both first responders and harm reduction organizations like Women With a Vision and No Overdose Baton Rouge to distribute Narcan.
Women With a Vision believes that allowing community groups, families, and loved ones the chance to carry Narcan could mean the difference between life and death. Several of the new naloxone laws across the country allow community-based organizations and clinics to dispense it to anyone in need. These laws remove liability for prescribers and for non-medical providers who dispense it.
Stay tuned for more information from WWAV about the progress of both bills in the coming weeks as they’re debated in the Senate and House. In the meantime contact your legislators and tell them to support the passage of HB 754 and SB 422!