Jeffrey Joseph Cece - Comment

The FDA should act swiftly to make naloxone available over-the-counter. Increased access to naloxone will help save the lives of opioid users who often do not receive professional medical help because of the fear of police involvement. The majority of studies that compare different reasons for delaying or foregoing a call for assistance find that fear of police involvement is the most commonly cited reason. I attached an additional file which contains more details on the relevant empirical research. These findings make a compelling case for expanding the availability of naloxone. Even if fear of police prevents the seeking of professional medical assistance, the administration of naloxone by a witness can still save a life. And since it is unlikely that the fear of police will be completely eliminated in the near future, naloxone must be a critical part of comprehensive overdose prevention plans. As of April 11, 2012, only six states grant help-seekers and victims limited immunity from prosecution for possession of controlled opioids. Even in states that have enacted these 911 Good Samaritan protections, awareness of the law may remain low. For example, a year after Washington passed their 911 Good Samaritan law, only one of out of six of Seattle police had heard of it and only one out of three opioid users had heard of it. Furthermore, no state has extended Good Samaritan immunity to distribution offenses, despite the fact that most nonmedical opioid users obtain these drugs from friends or relatives who share or sell them. In this context, naloxone must be available to ensure that fear of punishment does not inadvertently condemn overdose victims to a death sentence.