Model Laws

Developed in collaboration with the Earl Carl Institute for Legal and Social Policy at Texas Southern University’s Thurgood Marshall School of Law, the Model School Response to Drugs and Drug-related Incidents Act guides states in establishing a consistent and positive response for public schools to best support students who have drug or drug-related incidents on school premises or at school-related functions....

The purpose of the  Model Substance Use Disorder Treatment In Emergency Settings Act (Act) is to establish and align mechanisms for maximizing emergency medical settings as intervention points for people who experience a substance use-related emergency, people with substance use disorders, and their families. This Act intends to do so by addressing the barriers to implementing protocols in emergency medical settings that would ensure evidence-based treatment of patients with substance use-related emergencies....

The Model Substance Use During Pregnancy and Family Care Plans Act (1) provides certain protections to pregnant or postpartum individuals with a substance use disorder so that such individuals are not penalized for receiving medical treatment, including medication(s) to treat the substance use disorder and (2) establishes that an infant born affected by parental substance use disorder or showing signs of withdrawal is not, by itself, grounds for submitting a report of child abuse or neglect. ...

The Model 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....

The Model Syringe Services Program Act (Act) authorizes the establishment of comprehensive syringe services programs, which are associated with a decrease in bloodborne infectious disease diagnoses as well as the number of needlestick injuries to first responders and others. This Act delineates the required components for syringe services programs operating within a state, including that such programs (1) directly provide, or offer referrals to, expanded services, such as substance use disorder treatment, including medications for addiction treatment, HIV and viral hepatitis testing and treatment services, access to opioid antagonist kits, health care services, and mental health services; (2) reduce needlestick injuries to law enforcement, emergency services personnel, sanitation workers, and members of the community; (3) provide data collection and reporting requirements for syringe services programs; (4) provide immunity from criminal arrest, charge, and prosecution for the possession, distribution, or furnishing of hypodermic needles and syringes and other supplies; (5) provide educational and training materials for members of the community, including law enforcement and other first responders, such as emergency medical services; and (6) provide for funding of syringe services programs....

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....

In partnership with the O'Neill Institute for National & Global Health Law at Georgetown University Law Center, the Center for U.S. Policy, and Brown & Weinraub, PLLC, LAPPA developed a model law to assist states in their efforts to maximize funds available to address the overdose crisis. The Model Opioid Litigation Proceeds Act will guide states through the establishment of a dedicated fund, separate from the state’s general treasury fund, that is designated for substance use disorder abatement, including prevention, treatment, recovery, and harm reduction infrastructure, programs, services, supports, and resources. All proceeds received by the state arising out of legal claims made against manufacturers and distributors of prescription opioid analgesics, pharmacies that dispensed prescription opioid analgesics, and related parties shall be deposited into the dedicated fund....