Model Laws

March 14, 2023 | Controlled Substances, Model Laws, Opioids, Public Health, Substance Misuse, Treatments

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....

March 7, 2023 | Controlled Substances, Fetal and Infant Health, Harm Reduction, Maternal Health, Model Laws, Public Health, Recovery, Substance Misuse, Treatments

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. ...

March 2, 2022 | Controlled Substances, Criminal Justice, Drug Courts, First Responders, Harm Reduction, Law Enforcement, Model Laws, Public Health, Public Safety, Recovery, Substance Misuse, Treatments

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....

December 7, 2021 | Controlled Substances, Harm Reduction, Model Laws, Opioids, Public Health, Public Safety, Sharps/Syringes, Substance Misuse

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....

October 21, 2021 | Controlled Substances, Model Laws, Opioids, Public Health, Recovery, Substance Misuse, Treatments

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....

July 7, 2021 | Controlled Substances, Model Laws, Public Health, Treatments

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. ...

June 11, 2021 | First Responders, Law Enforcement, Model Laws, Public Safety

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. ...

February 23, 2021 | Model Laws, Public Health, Public Safety, Substance Misuse, Treatments

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. ...

February 11, 2021 | Controlled Substances, Health Data, Model Laws, Public Health, Public Safety

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....

October 26, 2020 | Alcohol, Model Laws, Recovery, Substance Misuse, Treatments

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. ...