Model Laws

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....

Newly incarcerated individuals who use substances require medical intervention to mitigate the effects of withdrawal symptoms and prevent death, suicide, and injury while in custody. Recent data show that nearly two thirds of sentenced individuals in jails meet the criteria for drug dependence or abuse. LAPPA’s Model Withdrawal Management Protocol in Correctional Settings Act requires evidence-based treatment of substance use disorders, including the use of FDA-approved medications; requires correctional settings to establish and implement administrative and clinical protocols when detaining individuals at risk of withdrawal; and provides state legislators, policymakers, and those in the correctional and health care professions with a comprehensive framework to better respond to withdrawal symptoms and related mental health crises of individuals in custody to decrease their mortality while in correctional settings. ...

LAPPA's Model Law Enforcement Event Deconfliction Act (the Act) is intended to implement procedures across the country to safeguard law enforcement from incidents of “friendly fire.” The Act requires that law enforcement personnel utilize event deconfliction software, which will notify them of any potential conflicts with other law enforcement activity in the same area, including service of arrest or search warrants, surveillance operations, or other high-risk or specialized law enforcement activities. The Act further requires that law enforcement personnel take positive action upon being notified by the event deconfliction system of a conflict and provides penalties for failure to take such action. The Act was drafted with the invaluable assistance of members of the law enforcement community. ...

LAPPA’s Model Recovery Residence Certification Act is designed to implement a voluntary certification process for recovery residences in a state. The purpose of certification is to allow for greater oversight of recovery residences and greater protection of recovery home residents. As currently drafted, the Model Act allows either a state agency designated by the state or an approved certifying organization under contract with the state agency to certify recovery residences under the program outlined in the Act. The Act also addresses the zoning issues that have arisen in local jurisdictions around the country. ...

Overdose fatality review (OFR) is a powerful tool that can be used to identify and respond to community-specific patterns related to drug overdose deaths. LAPPA’s Model Overdose Fatality Review Teams Act was written in consultation with a host of subject matter experts and creates a legislative framework for establishing county-level, multidisciplinary OFR teams in individual states. While overdose deaths occur nationally, OFRs established at the local level allow for the identification of challenges unique to a local area. This Model Act addresses the duties, responsibilities, and composition of OFR teams in order for them to properly examine and understand the circumstances leading up to a fatal overdose....

LAPPA’s Model Expanding Access to Peer Recovery Support Services Act was written in consultation with a host of subject matter experts including peer support workers and credentialing professionals. The model provides a legislative framework for implementing a responsive and cohesive peer support worker credentialing program and offers policymakers in jurisdictions with established peer support programs dynamic strategies to improve their existing peer support credentialing process. ...

LAPPA’s Model Access to Medication for Addiction Treatment in Correctional Settings Act, written in collaboration with the O’Neill Institute for National and Global Health Law at the Georgetown University Law Center and a cadre of subject matter experts, sets forth a comprehensive, evidence-based framework for ensuring that all incarcerated individuals with a substance use disorder be provided access to FDA-approved medication for addiction treatment in state and local correctional settings....