H.R. 4607 — SEEK HELP Act

This section establishes definitions for purposes of the Act, including— (1) controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); (2) emergency response providers, as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); (3) opioid overdose reversal drug, meaning a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that is indicated for the partial or complete reversal of the pharmacological effects of an opioid overdose in the human body and has moved in or affecting interstate or foreign commerce; (4) Secretary, meaning the Secretary of Health and Human Services; and (5) seek medical assistance, meaning reporting a drug overdose or other medical emergency to a law enforcement authority, an emergency response provider, the 9–1–1 system, a poison control center, or a medical or drug treatment provider, or assisting another individual in making such a report.

This section establishes Good Samaritan protections for drug overdose responses. Specifically, it (1) provides civil immunity in federal or state court from liability for harm caused by the good faith emergency administration of an opioid overdose reversal drug (e.g., naloxone), except in cases of willful or criminal misconduct, gross negligence, reckless misconduct, or conscious flagrant indifference to rights or safety—and supersedes contrary state law only if the state lacks equivalent immunity; (2) shields a covered individual (i.e., one who in good faith and timely seeks medical assistance for self or another reasonably appearing to overdose, outside the course of a lawful arrest, search, or seizure) from prosecution, civil asset forfeiture, or supervised release revocation under 21 U.S.C. 844 (simple possession) if possession is discovered solely due to seeking such assistance—without limiting admissibility of other evidence, permitted seizures, or arrests on warrants; (3) directs the Secretary of Health and Human Services, in consultation with the Drug Enforcement Administration Administrator, to conduct a public awareness campaign on these protections; and (4) amends the Justice Assistance Grant program (34 U.S.C. 10152(a)(1)) to authorize funding for law enforcement training on legal protections for individuals seeking medical assistance for controlled substance overdoses.

This section authorizes states receiving Community Mental Health Services Block Grant funds under section 1921 of the Public Health Service Act (42 U.S.C. 300x-21) to use amounts specified in section 1922(a)(1) of such Act (42 U.S.C. 300x-22(a)(1)) for (1) public awareness campaigns regarding the state's overdose Good Samaritan law; (2) training criminal justice professionals, stakeholders (including health care providers), emergency medical service providers, and the general public on such laws; and (3) sharing data with the Secretary on the laws' impact on overdoses, including numbers of calls to law enforcement, 9-1-1, poison control centers, or medical or drug treatment providers seeking assistance for overdoses. (As background, the block grant supports community mental health services for adults with serious mental illness and children with serious emotional disturbance.) It defines "overdose Good Samaritan law" as a state statute providing liability protection for seeking medical assistance in connection with a controlled substance overdose or administering an opioid overdose reversal drug.

This section directs the Comptroller General of the United States to submit to the Senate and House Judiciary Committees, not later than two years after the date of enactment, a report evaluating the implementation and enforcement of state and local Good Samaritan laws for drug overdoses (i.e., laws providing limited immunity from prosecution for drug offenses to individuals who seek medical assistance for an overdose) and the effectiveness of grant funding for related awareness campaigns. The report must assess the laws' effectiveness in encouraging overdose reporting and timely aid; estimate affected individuals and legal protections granted; analyze impacts on overdose fatalities, emergency department visits, naloxone use, and overdose calls before and after implementation; evaluate grant-funded campaigns' reach and barriers; identify best practices and challenges; provide recommendations for improvements; and, if applicable, include a comparative analysis of varying laws. Federal agencies and state and local authorities must cooperate by providing necessary data.