Changing Law from Barrier to Facilitator of Opioid Overdose Prevention

2012 Public Health Law Conference: Practical Approaches to Critical Challenges, Spring 2013

Temple University Legal Studies Research Paper No. 2013-16

5 Pages Posted: 19 Apr 2013 Last revised: 23 Jul 2013

See all articles by Corey S. Davis

Corey S. Davis

Network for Public Health Law

Damika Webb

Temple University - James E. Beasley School of Law

Scott Burris

Center for Public Health Law Research, Temple University - James E. Beasley School of Law

Date Written: July 16, 2013

Abstract

Evidence shows that overdose bystanders are willing and able to safely administer naloxone in an overdose situation. However, since bystanders often do not have the drug, they must call 911 to summon the first responders who do. Unfortunately, they often refrain from doing so because they fear arrest and prosecution — a fear that evidence suggests may be justified. When first responders are summoned, it is often too late: a review of medical examiner data in North Carolina showed that over half of accidental overdose victims died by the time paramedics arrived. These legal barriers are unintended consequences of attempts to address other problems. The public interest is, in general, served by regulatory control of prescription medications, which may include criminal sanctions to deter unauthorized distribution and use. However, laws directed towards that end have an extraordinarily severe side effect: thousands of preventable deaths every year. These laws can be modified to remove their negative effect while sustaining their original intent, and doing so presents a critical opportunity to save many lives at little or no cost.

Suggested Citation

Davis, Corey S. and Webb, Damika and Burris, Scott C., Changing Law from Barrier to Facilitator of Opioid Overdose Prevention (July 16, 2013). 2012 Public Health Law Conference: Practical Approaches to Critical Challenges, Spring 2013, Temple University Legal Studies Research Paper No. 2013-16, Available at SSRN: https://ssrn.com/abstract=2252624 or http://dx.doi.org/10.2139/ssrn.2252624

Corey S. Davis

Network for Public Health Law ( email )

Saint Paul, MN
United States

Damika Webb

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

Scott C. Burris (Contact Author)

Center for Public Health Law Research, Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-6576 (Phone)
215-204-1185 (Fax)

HOME PAGE: http://www.phlr.org

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