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Capitol to Capitol | April 3, 2023

April 3, 2023

Questions? Please use the email icon at left to contact NCSL’s State/Federal Division.

NCSL Updates

NCSL Hosts Education Trends Webinar Series

Join NCSL experts and state legislative leaders as they discuss education policy trends across states in 2023. Each session will feature key policy context, updates on the latest legislative activity and discussion of notable state policy accomplishments. The series begins April 5. Read more and register now.

NCSL Letter on House-Passed Energy Reform Bill

NCSL sent a letter to the Hill in response to the Lower Energy Costs Act (HR 1), which passed the House 225-204. The letter expressed appreciation for lawmakers’ attempts to create a more secure and self-reliant energy future and highlighted concerns with policy measures in the bill that would preempt or alter state authority. The president has threatened to veto the bill should it come across his desk, but it is NCSL’s opinion that, while the package is unlikely to advance in the Senate, there are many provisions—including permitting reform—that could see action. Read NCSL’s letter here.

Congressional Updates

Senate Votes to Overturn Biden’s WOTUS Rule, Setting Up Likely Veto

The Senate used the Congressional Review Act to follow in the House’s footsteps and overturn the Waters of the United States rule, 53-43. The rule, the Revised Definition of “Waters of the United States,” aims to determine the scope of federal authority to regulate such water, and when states, local governments and others must seek federal permits to develop land because it contains such waters. The president has vowed to veto the disapproval. For more information on the CRA, visit NCSL’s Congressional Review Act | Overview and Tracking webpage, and for more information on the WOTUS rulemaking, read NCSL’s Information Alert.

Administration Updates

FDA Decision Expected to Make Naloxone Widely Available

Naloxone is currently available without a prescription in pharmacies in every state and the District of Columbia, but not all pharmacies carry it, and not everyone who needs it has access to a community program. Manufactured by Emergent BioSolutions, Narcan is the brand name of a device that delivers naloxone and was the first product to receive over-the-counter approval. Approval for a second over-the-counter device has been sought by Harm Reduction Therapeutics, and a decision from the FDA is expected in July 2023. During the transition to full retail availability, naloxone may be available via prescription or over the counter.

Read the FDA announcement here.

Read more about state laws on naloxone access in NCSL’s Injury Prevention Database (under “Rescue Drugs”).

In a related story, a report from the Journal of American Medicine links the expanded availability of telehealth services and medications to treat opioid disorders during the COVID-19 pandemic to a lower rate of fatal drug overdoses. Participants in the study had a 33% lower risk of a fatal drug overdose than participants who had not participated in opioid-related telehealth services.

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