First Responders

In an effort to save lives, states have implemented laws to make it easier for first responders and the general public to obtain opioid antagonists, such as naloxone. Additionally, to encourage people to assist an individual who is or may be suffering an overdose, the majority of states also enacted laws which protect laypeople who administer opioid antagonists, in good faith, in an emergency from civil and/or criminal liability. The Legislative Analysis and Public Policy Association (LAPPA) undertook an extensive research project to determine the current status of opioid antagonist access laws throughout the United States, including the District of Columbia and all U.S. territories. As of August 2020, all 50 states and the District of Columbia have some form of an opioid antagonist access law. ...

Research indicates that there is often a reluctance among those witnessing an overdose to summon emergency assistance from law enforcement or other first responders out of fear of arrest for drug possession or other charges. In an effort to reduce this fear and to encourage overdose witnesses to seek help, state policymakers developed Good Samaritan laws specific to drug overdoses. The purpose of these laws is to prioritize the overdose victim’s safety over arresting drug users by granting limited protection from criminal liability to persons seeking medical assistance and, in most cases, to the overdose victim. The Legislative Analysis and Public Policy Association (LAPPA) recently undertook an extensive research project to determine the current status of Good Samaritan fatal overdose prevention laws throughout the United States, including the District of Columbia and all U.S. territories....

Deflection is any collaborative intervention connecting law enforcement, other first responders, and community responders with public health systems to create pathways to treatment and services for individuals—with low to moderate criminogenic risk—who have a substance use disorder, mental health disorder, or co-occurring disorders and who often have other service needs. This fact sheet provides an overview of what deflection is, examples of initiatives utilizing one or more of the six recognized deflection pathways, and a brief description of the status of deflection-related laws in the United States....

The Law Enforcement and Other First Responder Deflection (Act), drafted in collaboration with the Police, Treatment, and Community Collaborative (PTACC), encourages the use and establishment of deflection programs on the state level. Specifically, the model act (1) authorizes law enforcement and other first responders to develop and implement collaborative deflection programs that provide proactive policing to assist individuals who are at risk; (2) offers pathways to treatment, recovery services, housing, medication for addiction treatment, whole family services, and other needed supports; (3) requires deflection programs to have certain threshold elements to be eligible to receive grant funding; and (4) requires agencies establishing deflection programs to develop comprehensive memoranda of understanding in conjunction with, and agreed to by, all deflection program partners....

LAPPA’s Model Expanded Access to Emergency Opioid Antagonists Act provides state officials with the means to increase the ability of their citizens to access and use life-saving emergency opioid antagonists. The Centers for Disease Control and Prevention estimates that over 934,000 Americans died from a fatal overdose involving an opioid between 1999 and 2020. Opioid antagonists, such as naloxone, can be used during emergencies to reverse opioid overdoses and are effective in preventing fatal drug overdoses. This Act: (1) enables all citizens to access emergency opioid antagonists; (2) encourages citizens to obtain emergency opioid antagonists; (3) grants immunity to individuals who administer opioid antagonists; (4) requires physicians to co-prescribe an emergency opioid antagonist when prescribing an opioid to someone; (5) ensures that health insurance covers emergency opioid antagonists, like naloxone; (6) prohibits discriminatory life and health insurance practices related to the possession of emergency opioid antagonists; (7) provides increased access to opioid antagonists in educational institutions and correctional settings; (8) establishes a pilot program to increase bystander access to emergency opioid antagonists; and (9) promotes initiatives that educate citizens on the life-saving potential of emergency opioid antagonists....