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Naloxone State Laws

 

Naloxone Information Naloxone State Laws Naloxone Laws Map Intranasal Naloxone Naloxone Programs


US Map for Naloxone Administration Laws and The Good Samaritan Law

Chooper's Guide is committed to the philosopy, principles and practices of Harm Reduction and believes Naloxone (Narcan) to be a critical resource for opioid overdose prevention that should be immediately available without restriction. If your state isn't listed to the right, please contact your state legislators and speak with them about sponsoring a Naloxone bill. The CDC reports over 10,000 lives saved by Naloxone.

States that have enacted Naloxone Legislation are in GREEN (40 + DC)

States that have not enacted Naloxone Legislation are in BLACK

 

Naloxone State Laws       

Select State to View Law

Italic Link = Leglislation Pending

There are now 39 States that have passed legislation allowing Naloxone to be dispensed and administered. Many states still place restrictions on accessibility.

Information Source:

The Network for Public Health Law

 

Alabama

Arizona

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Idaho

Indiana

Illinois

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Nebraska

New Hampshire

New Jersey

New Mexico

Nevada

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

Tennessee

Texas

Utah

Vermont

Virginia

Washington

Wisconsin

 

Alabama

 

Alabama

Type: Naloxone Administration

HB 208

June 12, 2015

(a) For the purposes of this section, "opioid antagonist" means naloxone hydrocholoride or other similarly acting drug that is approved by the federal Food and Drug Administration for the treatment of an opioid overdose.

(b) A physician licensed under Article 3, Chapter 24, Title 34, Code of Alabama 1975, or dentist licensed under Chapter 9, Title 34, Code of Alabama 1975, acting in good faith may directly or by standing order prescribe, and a pharmacist licensed under Chapter 23, Title 34, Code of Alabama 1975, may dispense, an opioid antagonist to either of the following:

(1)  An individual at risk of experiencing an opiate-related overdose.

(2)  A family member, friend, or other individual, including law enforcement, in a position to assist an individual at risk of experiencing an opiate-related overdose.

(c) As an indicator of good faith, the physician or dentist, prior to prescribing an opioid antagonist under this section, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:

(1)  (1) The individual seeking the opioid antagonist is at risk of experiencing an opiate-related overdose.

(2)  (2) The individual other than the individual at risk of experiencing an opiate-related overdose and who is seeking the opioid antagonist is in relation to the individual at risk of experiencing an opiate-related overdose as a family member, friend, or otherwise in the position to assist the individual.

(d)An individual who receives an opioid antagonist that was prescribed pursuant to subsection (b) may administer an opioid antagonist to another individual if he or she has a

good faith belief that the other individual is experiencing an opiate-related overdose and he or she exercises reasonable care in administering the opioid antagonist. Evidence of exercising reasonable care in administering the opioid antagonist shall include the receipt of basic instruction and information on how to administer the opioid antagonist.

(e)All of the following individuals are immune from any civil or criminal liability for actions authorized under this act:

(1)  A physician or dentist who prescribes an opioid antagonist pursuant to subsection (b) and who has no managerial authority over the individuals administering the opioid antagonist.

(2)  A individual who administers an opioid antagonist pursuant to subsection (d).

(3)  A pharmacist who dispenses an opioid antagonist pursuant to subsection (b).

 

Arizona

 
   

California

 

California

Type: Naloxone Administration

Civ. Code §1714.22

January 1, 2011

This law applies only to the Counties of Alameda, Fresno, Humboldt, Los Angeles, Mendocino, San Francisco and Santa Cruz. It sunsets on January 1, 2016.

“A licensed health care provider who is permitted by law to prescribe an opioid antagonist may, if acting with reasonable care, prescribe and subsequently dispense or distribute an opioid antagonist in conjunction with an opioid overdose prevention and treatment training program, without being subject to civil liability or criminal prosecution. This immunity shall apply to the licensed health care provider even when the opioid antagonist is administered by and to someone other than the person to whom it is prescribed.”

“A person who is not otherwise licensed to administer an opioid antagonist may administer an opioid antagonist in an emergency without fee if the person has received certain training information from any program operated by a local health jurisdiction or that is registered by a local health jurisdiction to train individuals to prevent, recognize and respond to an opiate overdose, and that provides, at a minimum, training in enumerated areas and believes in good faith that the other person is experiencing a drug overdose. The person shall not, as a result of his or her acts or omissions, be liable for any violation of any professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antagonist.”

Each local health jurisdiction that operates or registers an opioid overdose prevention and treatment training program shall, by January 1, 2015, collect, and report to the Senate and Assembly Committees on Judiciary, certain required information.

California

Type: Naloxone Administration

Cal. Civ. Code § 1714.22 (West 2014)

Jan. 1, 2014

(a) For purposes of this section, the following definitions shall apply:

(1) “Opioid antagonist”means naloxone hydrochloride that is approved by the federal Food and Drug

Administration for the treatment of an opioid overdose.

(2) “Opioid overdose prevention and treatment training program”means any program operated by a

local health jurisdiction or that is registered by a local health jurisdiction to train individuals to prevent,

recognize, and respond to an opiate overdose, and that provides, at a minimum, training in all of the

following:

(A) The causes of an opiate overdose.

(B) Mouth to mouth resuscitation.

(C) How to contact appropriate emergency medical services.

(D) How to administer an opioid antagonist.

(b) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may, if

acting with reasonable care, prescribe and subsequently dispense or distribute an opioid antagonist to a

person at risk of an opioid-related overdose or to a family member, friend, or other person in a position

to assist a person at risk of an opioid-related overdose.

(c) (1) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may

issue standing orders for the distribution of an opioid antagonist to a person at risk of an opioid-related

overdose or to a family member, friend, or other person in a position to assist a person at risk of an

opioid-related overdose.

(2) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may issue

standing orders for the administration of an opioid antagonist to a person at risk of an opioid-related

overdose by a family member, friend, or other person in a position to assist a person experiencing or

reasonably suspected of experiencing an opioid overdose.

(d) (1) A person who is prescribed or possesses an opioid antagonist pursuant to a standing order shall

receive the training provided by an opioid overdose prevention and treatment training program.

(2) A person who is prescribed an opioid antagonist directly from a licensed prescriber shall not be

required to receive training from an opioid prevention and treatment training program.

(e) A licensed health care provider who acts with reasonable care shall not be subject to professional

review, be liable in a civil action, or be subject to criminal prosecution for issuing a prescription or order

pursuant to subdivision (b) or (c).

(f) Notwithstanding any other law, a person who possesses or distributes an opioid antagonist pursuant

to a prescription or standing order shall not be subject to professional review, be liable in a civil action, or

be subject to criminal prosecution for this possession or distribution. Notwithstanding any other law, a

person not otherwise licensed to administer an opioid antagonist, but trained as required under

paragraph (1) of subdivision (d), who acts with reasonable care in administering an opioid antagonist, in

good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an

overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal

prosecution for this administration.

Colorado  

Colorado

Type:Naloxone Administration

S.B. 13-014

May 2013

Provides criminal and civil immunity for “a person other than a health care provider or a health care facility who acts in good faith to administer an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose event”

Provides criminal and civil immunity to a person who is permitted by law to prescribe or dispense an opiate antagonist for such prescribing or dispensing, and any outcomes resulting from the eventual administration of the opiate antagonist. States that no standard of care is created. Encourages prescribers and dispensers to educate persons receiving the opiate antagonist on a number of items.

Provides that “the prescribing, dispensing or distribution of an opiate antagonist by a licensed health care practitioner, pharmacist or advanced practice nurse shall not constitute unprofessional conduct” if the action was taken in a good faith effort to assist a “person who is at increased risk of experiencing or likely to experience an opiate-related drug overdose event” or “a family member, friend or other person who is in a position to assist” such a person.
Connecticut  

Connecticut

Type:Naloxone Administration

Conn. Gen. Stat. § 17a-714a October 1, 2012

 

 


“A licensed health care professional who is permitted by law to prescribe an opioid antagonist may, if actingwith reasonable care, prescribe, dispense or administer an opioid antagonist to treat or prevent a drug overdose without being liable for damages in a civil action or subject to criminal prosecution for prescribing, dispensing or administering such opioid antagonist or for any subsequent use of such opioid antagonist. For purposes of this section, "opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal Foodand Drug Administration for the treatment of drug overdose.”

The Commissioner of Mental Health and Addiction Services is required to report by Jan 15, 2013 the number of opioid antagonist prescriptions issued under programs administered by DMHAS to persons other than drug users for self-administration

CT. H.B. 5487 (2014)

Oct. 1, 2014



 (a) For purposes of this section, "opioid antagonist" means naloxone hydrochloride or any other similarly

acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of

drug overdose.

(b) A licensed health care professional who is permitted by law to prescribe an opioid antagonist may, if

acting with reasonable care, prescribe, dispense or administer an opioid antagonist to treat or prevent a

drug overdose without being liable for damages in a civil action or subject to criminal prosecution for

prescribing, dispensing or administering such opioid antagonist or for any subsequent use of such opioid

antagonist. [For purposes of this section, "opioid antagonist" means naloxone hydrochloride or any other

similarly acting and equally safe drug approved by the federal Food and Drug Administration for the

treatment of drug overdose.]

(c) Any person, other than a licensed health care professional, who in good faith believes that another

person is experiencing an opioid-related drug overdose may, if acting with reasonable care, administer

an opioid antagonist to such other person. A person administering an opioid antagonist pursuant to this

subsection shall not be liable for damages in a civil action or subject to criminal prosecution with respect

to the administration of such opioid antagonist.

CT        Public Act No. 15-198

Conn. Gen. Stat. § 17a-714a

June 30, 2015

a) For purposes of this section, "opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of drug overdose.

(b)A licensed health care professional who is permitted by law to prescribe an opioid antagonist may prescribe, dispense or administer an opioid antagonist to any individual to treat or prevent a drug overdose without being liable for damages in a civil action or subject to criminal prosecution for prescribing, dispensing or administering such opioid antagonist or for any subsequent use of such opioid antagonist. A licensed health care professional who prescribes, dispenses or administers an opioid antagonist in accordance with the provisions of this subsection shall be deemed not to have violated the standard of care for such licensed health care professional.

(c)Any person, who in good faith believes that another person is experiencing an opioid-related drug overdose may, if acting with reasonable care, administer an opioid antagonist to such other person. Any person, other than a licensed health care professional acting in the ordinary course of such person's employment, who administers an opioid antagonist in accordance with this subsection shall not be liable for damages in a civil action or subject to criminal prosecution with respect to the administration of such opioid antagonist.

Sec. 6.

(a) A person who is licensed as a pharmacist under part II of chapter 400j of the general statutes and is certified in accordance with subsection (b) of this section may prescribe, in good faith, an opioid antagonist, as defined in section 17a- 714a of the general statutes, as amended by this act. Such pharmacist shall (1) provide appropriate training regarding the administration of such opioid antagonist to the person to whom the opioid antagonist is dispensed, and (2) maintain a record of such dispensing and the training required pursuant to chapter 400j of the general statutes.

(b)A pharmacist may only prescribe an opioid antagonist pursuant to this section if the pharmacist has been trained and certified by a program approved by the Commissioner of Consumer Protection.

(c)A pharmacist who prescribes an opioid antagonist in compliance with this section shall be deemed not to have violated any standard of care for a pharmacist.

(d)The provisions of this section shall apply only to a pharmacist certified in accordance with subsection (b) of this section. No pharmacist may delegate or direct any other person to prescribe an opioid antagonist or train any person in the administration of such opioid antagonist pursuant to the provisions of subsection (a) of this section.

 

Delaware

 

Delaware

Type: Naloxone Administration

DE Del. Code tit. 16, § 3001D

Aug. 4, 2014

  (e) Doctors prescribing naloxone who, acting in good faith, directly or by standing order, prescribes or

dispenses the drug naloxone to a person who completes an approved-training program who, in the

judgment of the health-care provider, is capable of administering the drug for an emergency opioid

overdose, shall not be subject to disciplinary or other adverse action under any professional licensing

statute, criminal liability, or liable for damages for injuries or death sustained to the individual in

connection with administering the drug, unless it is established that such injuries or death were caused

willfully, wantonly, or by gross negligence on the part of the doctors who signed the standing order and

protocol.

 

District of Columbia  

District of Columbia

Type:Naloxone Administration

Code § 7-403

March 19, 2013



 “(f) Notwithstanding any other law, it shall not be considered a crime for a person to possess or administer an opioid antagonist, nor shall such person be subject to civil liability in the absence of gross negligence, if he or she administers the opioid antagonist:
(1) In good faith to treat a person who he or she reasonably believes is experiencing an overdose;
(2) Outside of a hospital or medical office; and
(3) Without the expectation of receiving or intending to seek compensation for such service and acts.

(i) For the purposes of this section, the term:
(1) “Good faith”under subsection (a) of this section does not include the seeking of health care as a result of using drugs or alcohol in connection with the execution of an arrest warrant or search warrant or a lawful arrest or search.
(2) “Opioid antagonist”means a drug, such as Naloxone, that binds to the opioid receptors with higher affinity than agonists but does not activate the receptors, effectively blocking the receptor, preventing the human body from making use of opiates and endorphins.
(3) “Overdose”means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death, which is or reasonably appears to be the result of consumption or use of drugs or alcohol and relates to an adverse reaction to or the quantity ingested of the drugs or alcohol, or to a substance with which the drugs or alcohol was combined.
(4) “Supervision status”means probation or release pending trial, sentencing, appeal, or completion of sentence, for a violation of District law.”

Florida

 

Florida

Type:Naloxone Administration

CS/HB 751

June 10, 2015



 

Section 1. This act may be cited as the “Emergency Treatment and Recovery Act.”

Section 2. Section 381.887, Florida Statutes, is created to read: 381.887 Emergency treatment for suspected opioid overdose.

(1) As used in this section, the term:

(a) “Administer” or “administration” means to introduce an emergency opioid antagonist into the body of a person.

(b) “Authorized health care practitioner” means a licensed practitioner authorized by the laws of this state to prescribe drugs.

(c) “Caregiver” means a family member, friend, or person in a position to have recurring contact with a person at risk of experiencing an opioid overdose.

(d) “Emergency opioid antagonist” means naloxone hydrochloride or any similarly acting drug that blocks the effects of opioids administered from outside the body and that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

(e) “Patient” means a person at risk of experiencing an opioid overdose.

(2) The purpose of this section is to provide for the prescription of an emergency opioid antagonist to patients and caregivers and to encourage the prescription of emergency opioid antagonists by authorized health care practitioners.

(3)     An authorized health care practitioner may prescribe and dispense an emergency opioid antagonist to a patient or caregiver for use in accordance with this section, and pharmacists may dispense an emergency opioid antagonist pursuant to a prescription issued in the name of the patient or caregiver, which is appropriately labeled with instructions for use. Such patient or caregiver is authorized to store and possess approved emergency opioid antagonists and, in an emergency situation when a physician is not immediately available, administer the emergency opioid antagonist to a person believed in good faith to be experiencing an opioid overdose,  regardless of whether that person has a prescription for an emergency opioid antagonist.

(4)     Emergency responders, including, but not limited to, law enforcement
officers, paramedics, and emergency medical technicians, are authorized to possess, store, and administer emergency opioid antagonists as clinically indicated.

(5)     A person, including, but not limited to, an authorized health care practitioner, a dispensing health care practitioner, or a pharmacist, who possesses, administers, prescribes, dispenses, or stores an approved emer­gency opioid antagonist in compliance with this section and s. 768.13 is afforded the civil liability immunity protections provided under s. 768.13.

(6)(a) An authorized health care practitioner, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of prescribing an emergency opioid antagonist in accordance with this section.

(b) A dispensing health care practitioner or pharmacist, acting in good faith and exercising reasonable care, is not subject to discipline or other adverse action under any professional licensure statute or rule and is immune from any civil or criminal liability as a result of dispensing an emergency opioid antagonist in accordance with this section.

(7) This section does not limit any existing immunities for emergency responders or other persons which is provided under this chapter or any other applicable provision of law. This section does not create a duty or standard of care for a person to prescribe or administer an emergency opioid antagonist.

Section 3. This act shall take effect upon becoming a law.

Approved by the Governor June 10, 2015.

Georgia

 

Georgia

Type: Naloxone Administration

GA H.B. 965 (2014)

Ga. Code § 26–4–116.2

Apr. 24, 2014


 

(a) As used in this Code section, the term:

(1) ‘First responder’means any person or agency who provides on-site care until the arrival of a duly

licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to

calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue

agencies.

(2) ‘Harm reduction organization’means an organization which provides direct assistance and services,

such as syringe exchanges, counseling, homeless services, advocacy, drug treatment, and screening, to

individuals at risk of experiencing an opioid related overdose.

(3) ‘Opioid antagonist’means any drug that binds to opioid receptors and blocks or inhibits the effects of

opioids acting on those receptors and that is approved by the federal Food and Drug Administration for

the treatment of an opioid related overdose.

(4) ‘Opioid related overdose’means an acute condition, including, but not limited to, extreme physical

illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from

the consumption or use of an opioid or another substance with which an opioid was combined or that a

layperson would reasonably believe to be resulting from the consumption or use of an opioid or another

substance with which an opioid was combined for which medical assistance is required.

(5) ‘Pain management clinic’means a clinic licensed pursuant to Article 10 of Chapter 34 of Title 43.

(6) ‘Practitioner’means a physician licensed to practice medicine in this state.

(b) A practitioner acting in good faith and in compliance with the standard of care applicable to that

practitioner may prescribe an opioid antagonist for use in accordance with a protocol specified by such

practitioner to a person at risk of experiencing an opioid related overdose or to a pain management

clinic, first responder, harm reduction organization, family member, friend, or other person in a position

to assist a person at risk of experiencing an opioid related overdose.

(c) A pharmacist acting in good faith and in compliance with the standard of care applicable to

pharmacists may dispense opioid antagonists pursuant to a prescription issued in accordance with

subsection (b) of this Code section.

(d) A person acting in good faith and with reasonable care to another person whom he or she believes to

be experiencing an opioid related overdose may administer an opioid antagonist that was prescribed

pursuant to subsection (b) of this Code section in accordance with the protocol specified by the

practitioner.

(e) The following individuals are immune from any civil or criminal liability or professional licensing

sanctions for the following actions authorized by this Code section:

(1) Any practitioner acting in good faith and in compliance with the standard of care applicable to that

practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section;

(2) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care

applicable to that practitioner or pharmacist who dispenses an opioid antagonist pursuant to a

prescription issued in accordance with subsection (b) of this Code section; and

(3) Any person acting in good faith, other than a practitioner, who administers an opioid antagonist

pursuant to subsection (d) of this Code section.

Idaho  

Idaho

ID  HB 108 (2015)

July 1, 2015

(1) Notwithstanding any other provision of law, any prescriber or pharmacist acting in good faith and

exercising reasonable care may prescribe an opioid antagonist to:

(a)A person at risk of experiencing an opiate-related overdose;

(b)A person in a position to assist a person at risk of experiencing an opiate-related overdose;

I A person who, in the course of his official duties or business, may encounter a person experiencing an opiate-related overdose; or

(d) A person who in the opinion of the prescriber or pharmacist has valid reason to be in the possession of an opioid antagonist.

(2)Notwithstanding any other provision of law, any person acting in good faith and exercising reasonable care may administer an opioid antagonist to another person who appears to be experiencing an opiate-related overdose. As soon as possible, the administering person shall contact emergency medical services.

(3)Any person who prescribes or administers an opioid antagonist pursuant to subsection (1) or (2) of this section shall not be liable in a civil or administrative action or subject to criminal prosecution for such acts.

 
Illinois  

Illinois

Type: Naloxone Administration

Comp. Stat. Ann. 301/5-23

January 1, 2010

A health care professional who, acting in good faith, directly or by standing order, prescribes or dispenses an opioid antidote to a patient who, in the judgment of the health care professional, is capable of administering the drug in an emergency, shall not, as a result of his or her acts or omissions, be subject to disciplinary or other adverse action under [any professional licensing statute].

“A person who is not otherwise licensed to administer an opioid antidote may in an emergency administer without fee an opioid antidote if the person has received certain patient information specified [in statute] and believes in good faith that another person is experiencing a drug overdose. The person shall not, as a result of his or her acts or omissions, be liable for any violation of [professional practice acts] or any other professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antidote.”
Indiana  
   
Kentucky  

Kentucky

Type: Naloxone Administration

HB 366

Rev. Stat. Ann. § 217.186 (West 2014)

June 25, 2013



“(1) A licensed health-care provider who, acting in good faith, directly or by standing order, prescribes ordispenses the drug naloxone to a patient who, in the judgment of the health-care provider, is capable of administering the drug for an emergency opioid overdose, shall not, as a result of his or her acts or omissions, be subject to disciplinary or other adverse action under KRS Chapter 311, 311A, 314, or 315 or any other professional licensing statute.

(2) A prescription for naloxone may include authorization for administration of the drug to the person for whom it is prescribed by a third party if the prescribing instructions indicate the need for the third party upon administering the drug to immediately notify a local public safety answering point of the situation necessitating the administration. A person acting in good faith who administers naloxone as the third party under this section shall be immune from criminal and civil liability for the administration, unless personal injury results from the gross negligence or willful or wanton misconduct of the person administering the drug

Louisiana

 

Louisiana

Type: Naloxone Administration

LA        HB 210 (2015)

August 1, 2015



A. A licensed medical practitioner may, directly or by standing order, prescribe or dispense the drug naloxone or another opioid antagonist without having examined the individual to whom itmay be administered if both of the following conditions are met:

(1) The licensed medical practitioner provides the individual receiving and administering the naloxone or other opioid antagonist all training required by the department for the safe and proper administration of naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose. The training, at a minimum, shall address all of the following:

(a)Techniques on how to recognize signs of an opioid-related overdose.

(b)Standards and procedures for the storage and administration of naloxone or another opioid antagonist.

(c)Emergency follow-up procedures including the requirement to summon emergency services either immediately before or immediately after administering the naloxone or other opioid antagonist to an individual apparently experiencing an opioid-related overdose.

(2) The naloxone or other opioid antagonist is prescribed or dispensed in such a manner that it shall be administered through a device approved for this purpose by the United States Food and Drug Administration.

B. A licensed medical practitioner who, in good faith, prescribes or dispenses naloxone or another opioid antagonist pursuant to Subsection A of this Section shall not, as a result of any act or omission, be subject to civil liability, criminal prosecution, or disciplinary or other adverse action under any professional licensing statute.

C.  

           (1) A licensed pharmacist shall dispense naloxone or another opioid antagonist prescribed, directly or by standing order, by a licensed medical practitioner pursuant to this Section.

           (2) A licensed pharmacist who, in good faith, dispenses naloxone or another opioid antagonist pursuant to this Subsection shall not, as a result of any act or omission, be subject to civil liability, criminal prosecution, or disciplinary or other adverse action under any professional licensing statute.

D. A person acting in good faith who, pursuant to the provisions of this Section, receives and administers naloxone or another opioid antagonist to a person reasonably believed to be undergoing an opioid-related drug overdose shall be immune from criminal and civil liability for the administration, unless personal injury results from the gross negligence or willful or wanton misconduct in the administration of the drug.

E. The department shall develop and promulgate a set of best practices for use by a licensed medical practitioner pursuant to this Section including but not limited to the training necessary to safely and properly administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose, the standards and procedures for the storage and administration of naloxone or another opioid antagonist, and emergency follow-up procedures.
 
F. For the purposes of this Section the following definitions apply:

(1)"Department" means the Department of Health and Hospitals.

(2)"Licensed medical practitioner" means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law.

(3)"Opioid-related drug overdose" means a condition including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.

Maine

 

Maine

Type:Naloxone Administration

Me. Rev. Stat. tit. 22, § 2353

Apr. 29, 2014 

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms

have the following meanings.

A. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effects of

opioids acting on those receptors, including, but not limited to, naloxone hydrochloride.

B. "Opioid-related drug overdose" means a condition including, but not limited to, extreme physical

illness, decreased level of consciousness, respiratory depression, coma or death resulting from the

consumption or use of an opioid, or another substance with which an opioid was combined, or a

condition that a reasonable person would believe to be an opioid-related drug overdose that requires

medical assistance.

2. Immunity. The following provisions govern immunity for persons who prescribe, possess or

administer an opioid antagonist during an opioid-related drug overdose.

A. Notwithstanding any other provision of law, a health care professional otherwise authorized to

prescribe an opioid antagonist may, directly or by standing order, prescribe and dispense an opioid

antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member or

friend of such a person or another person in a position to assist a person at risk of experiencing an

opioid-related drug overdose. Any such prescription must be regarded as being issued for a legitimate

medical purpose in the usual course of professional practice.

B. A health care professional who, acting in good faith and with reasonable care, prescribes or

dispenses an opioid antagonist pursuant to paragraph A is not subject to criminal or civil liability or any

professional disciplinary action for:

(1) Such prescribing or dispensing; or (2) Any outcomes resulting from the administration of the opioid

antagonist.

C. Notwithstanding any other provision of law, a person acting in good faith may possess an opioid

antagonist.

D. A person who, acting in good faith and with reasonable care, administers an opioid antagonist to

another person whom the person believes to be experiencing an opioid-related drug overdose is

immune from criminal prosecution, sanction under any professional licensing statute and civil liability for

such act.

3. Authorizing administration of an opioid antagonist by emergency medical personnel. An

advanced emergency medical technician, basic emergency medical services person, basic emergency

medical technician, first responder and emergency medical services' person as defined in Title 32,

section 83 may administer an opioid antagonist as clinically indicated.

4. Medicaid coverage for naloxone hydrochloride. The department shall add naloxone

hydrochloride for outpatient use to the department's formulary of prescription and over-the-counter drugs

that are subject to reimbursement and coverage under the Medicaid program pursuant to section 3174-

M. Reimbursement and coverage must be provided through existing resources.

5. Exemption from pharmacy license for standing orders for opioid antagonists. Notwithstanding

any other provision of law, a person acting under a standing order issued by a health care professional

who is otherwise authorized to prescribe an opioid antagonist may store and dispense an opioid

antagonist without being subject to the provisions of Title 32, chapter 117 as long as these activities are

undertaken without charge or compensation.

6. Collaborative practice. The following provisions govern collaborative practice for naloxone

hydrochloride.

A. Notwithstanding any other provision of law, a licensed pharmacist may initiate naloxone

hydrochloride drug therapy for a person in accordance with standardized procedures or protocols

developed by the pharmacist and a health care professional authorized to prescribe an opioid

antagonist.

B. For each naloxone hydrochloride drug therapy initiated pursuant to this subsection, the licensed

pharmacist shall provide the recipient of the naloxone hydrochloride with a standardized fact sheet

developed by the Maine Board of Pharmacy that includes, but is not limited to, the indications for use of

the drug, the appropriate method for using the drug, the potential need for medical follow-up and referral

information, information on opioid-related drug overdose and other appropriate information.

C. Nothing in this subsection affects the provisions of law relating to maintaining the confidentiality of

medical records.

Maryland  

Maryland

Type:Naloxone Administration

S.B. 160

Oct. 1, 2013

Creates an Overdose Response Program overseen by the Department of Health and Mental Hygiene. To be

codified at MD HEALTH GEN 13-3101 et seq. “13-3102.

An overdose response program is a program overseen by the Department for the purpose of providing a means of authorizing certain individuals to administer naloxone to an individual experiencing, or believed to be experiencing, opioid overdose to help prevent a fatality when medical services are not immediately available.

13-3104.

(A)  To qualify for a certificate, an individual shall meet the requirements of this section.

(B)  The application shall be at least 18 years old.

(C) The applicant shall have, or reasonably expect to have, as a result of the individual’s occupation or volunteer, family, or social status, the ability to assist an individual who is experiencing an opioid overdose.

(D) (1) The applicant shall successfully complete an educational training program offered by a private or public entity authorized by the Department.

(2) An educational training program required under this subsection shall:

(I) [Be conducted by a licensed physician, nurse practitioner, or employee or volunteer of an entity that maintains a written agreement with a supervisory physician or NP that contains certain information, including training as described in statute]

13-3106.

[Entities issue certificates to applicants who meet the requirements. Each certificate is valid for two years and may be renewed. It includes the name of the certificate holder, a serial number and a statement that the holder is authorized to administer naloxone in accordance with the law.]

13-3107.

An individual who is certified may [present the certificate to any licensed physician or NP and receive a prescription for naloxone and the supplies necessary for administering it; possess naloxone and necessary supplies; administer the naloxone in an emergency to a person experiencing or believed to be experiencing an opioid overdose]

13-3109.

[Certificate holder who administers naloxone not conducting unauthorized practice of medicine; physician who prescribes or dispenses naloxone to certificate holder not subject to disciplinary action for that action]

MD. Code Ann.,

Health-Gen. §§ 13- 3101 to -3109

(2014)

 

Oct. 1, 2013 Creates an Overdose Response Program overseen by the Department of Health and Mental Hygiene.

To be codified at MD HEALTH GEN 13-3101 et seq.

“13-3102.

An overdose response program is a program overseen by the Department for the purpose of providing a

means of authorizing certain individuals to administer naloxone to an individual experiencing, or believed

to be experiencing, opioid overdose to help prevent a fatality when medical services are not immediately

available.

..

13-3104.

(A) To qualify for a certificate, an individual shall meet the requirements of this section.

(B) The application shall be at least 18 years old.

(C) The applicant shall have, or reasonably expect to have, as a result of the individual’s

occupation or volunteer, family, or social status, the ability to assist an individual who is

experiencing an opioid overdose.

(D) (1) The applicant shall successfully complete an educational training program offered by a

private or public entity authorized by the Department.

(2) An educational training program required under this subsection shall:

(I) [Be conducted by a licensed physician, nurse practitioner, or employee or volunteer of an

entity that maintains a written agreement with a supervisory physician or NP that contains

certain information, including training as described in statute]

..

13-3106.

[Entities issue certificates to applicants who meet the requirements. Each certificate is valid for two years

and may be renewed. It includes the name of the certificate holder, a serial number and a statement that

the holder is authorized to administer naloxone in accordance with the law.]

13-3107.

An individual who is certified may [present the certificate to any licensed physician or NP and receive a

prescription for naloxone and the supplies necessary for administering it; possess naloxone and

necessary supplies; administer the naloxone in an emergency to a person experiencing or believed to be

experiencing an opioid overdose]

..

13-3109.

[Certificate holder who administers naloxone not conducting unauthorized practice of medicine;

physician who prescribes or dispenses naloxone to certificate holder not subject to disciplinary action for

that action]

 

Massachusetts  
Massachusetts

Type:Naloxone Administration

 

Gen. Laws ch. 94c, § 19

August 2, 2012

 


“(d) Naloxone or other opioid antagonist may lawfully be prescribed and dispensed to a person at risk of

experiencing an opiate-related overdose or a family member, friend or other person in a position to assist a person at risk of experiencing an opiate-related overdose. For purposes of this chapter and chapter 112 [governing professional licensing and registration], any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.”

e) A person acting in good faith may receive a naloxone prescription, possess naloxone and administernaloxone to an individual appearing to experience an opiate-related overdose.”

MA M.G.L.A. 94C § 19B

July 1, 2014 .

 

(b) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an

opioid antagonist in accordance with written, standardized procedures or protocols developed by an

actively practicing physician registered with the commissioner to distribute or dispense a controlled

substance in the course of professional practice pursuant to section 7, if such procedures or protocols

are filed at the pharmacist's place of practice and with the board of registration in pharmacy before

implementation.

(c) Before dispensing an opioid antagonist pursuant to this section, a pharmacist shall complete a

training program approved by the commissioner on opioid antagonists. The training program shall

include, but not be limited to, proper documentation and quality assurance.

(d) A pharmacist dispensing an opioid antagonist under this section shall annually provide to the

department the number of times an opioid antagonist is dispensed. Reports made pursuant to this

section shall not identify an individual patient, shall be confidential and shall not be public records as

defined in clause Twenty-sixth of section 7 of chapter 4.

(e) The department, the board of registration in medicine and the board of registration in pharmacy shall

adopt regulations to implement this section.

Michigan

 

Michigan

Type: Naloxone Administration

 

MI Comp. Laws § 333.17744b

October 14, 2014

(1) Notwithstanding any provision of this act to the contrary, a prescriber may issue a prescription for

and a dispensing prescriber or pharmacist may dispense an opioid antagonist to any of the following:

(a) An individual patient at risk of experiencing an opioid-related overdose.

(b) A family member, friend, or other individual in a position to assist an individual at risk of experiencing

an opioid-related overdose.

(c) A person other than an individual that meets all of the following requirements:

(i) Acts at the direction of the prescriber or dispensing prescriber.

(ii) Upon receipt of an opioid antagonist, stores the opioid antagonist in compliance with this part.

(iii) Dispenses or administers an opioid antagonist under a valid prescription issued to an individual or a

patient.

(iv) Performs the requirements under this subsection without charge or compensation.

2) When issuing a prescription for or dispensing an opioid antagonist as authorized under this section to

a person other than a patient, the prescriber, dispensing prescriber, or pharmacist, as appropriate, shall

insert the name of the person as the name of the patient.

(3) Notwithstanding any provision of this act to the contrary, a person that is acting in good faith and with

reasonable care may possess and dispense an opioid antagonist.

(4) A prescriber who issues a prescription for or a dispensing prescriber or pharmacist who dispenses an

opioid antagonist as authorized under this section is not liable in a civil action for a properly stored and

dispensed opioid antagonist that was a proximate cause of injury or death to an individual due to the

administration of or failure to administer the opioid antagonist.

 

Comp. Laws § 691.1503

Oct. 14, 2014 

 (1) An individual who in good faith believes that another individual is suffering the immediate effects of

an opioid-related overdose and who administers an opioid antagonist to the other individual is not liable

in a civil action for damages resulting from the administration.

(2) This section does not apply in any of the following circumstances:

(a) If the individual who administers the opioid antagonist is a physician, physician's assistant, registered

nurse, or licensed practical nurse and the opioid antagonist is administered in a hospital.

(b) If the conduct of the individual administering the opioid antagonist is willful or wanton misconduct.

Minnesota  
Minnesota

Type: Naloxone Administration

MN Minn. Stat. § 604A.04 (2014)

May 10, 2014

GOOD SAMARITAN OVERDOSE PREVENTION.

(1) Definitions; opiate antagonist. For purposes of this section, "opiate antagonist" means naloxone

hydrochloride or any similarly acting drug approved by the federal Food and Drug

Administration for the treatment of a drug overdose.

(2) Authority to possess and administer opiate antagonists; release from liability.

(a) A person who is not a health care professional may possess or administer an opiate

antagonist that is prescribed, dispensed, or distributed by a licensed health care professional

pursuant to subdivision 3.

(b) A person who is not a health care professional who acts in good faith in administering an

opiate antagonist to another person whom the person believes in good faith to be suffering a

drug overdose is immune from criminal prosecution for the act and is not liable for any civil

damages for acts or omissions resulting from the act.

Health care professionals; release from liability. A licensed health care professional who is permitted by

law to prescribe an opiate antagonist, if acting in good faith, may directly or by standing order prescribe,

dispense, distribute, or administer an opiate antagonist to a person without being subject to civil liability

or criminal prosecution for the act. This immunity applies even when the opiate antagonist is eventually

administered in either or both of the following instances: (1) by someone other than the person to whom

it is prescribed; or (2) to someone other than the person to whom it is prescribed.

Mississippi  

Mississippi

HB 692

July 1, 2015

(1) This section shall be known as the "Emergency Response and Overdose Prevention Act."

(2) As used in this section, the following terms shall be defined as provided in this subsection:

(a)"Practitioner" means a physician licensed to practice medicine in this state or any licensed health care provider who is authorized to prescribe an opioid antagonist.

(b)"Opioid antagonist" means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid-related overdose.

(c)  "Opioid-related overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined for which medical assistance is required.

(d)  "Emergency medical technician" means an individual who possesses a valid emergency medical technician's certificate issued under Section 41-59-33.

(3)  A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may directly or by standing order prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a registered pain management clinic, family member, friend or other person in a position to assist such person at risk of experiencing an opioid-related overdose.

(4)  A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists under a prescription issued in accordance with subsection (3) of this section.

(5)  A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid-related overdose may administer an opioid antagonist that was prescribed in accordance with subsection (3) of this section.

(6)  Emergency medical technicians acting in good faith shall be authorized and permitted to administer an opioid antagonist as clinically indicated.

(7)  The following individuals are immune from any civil or criminal liability or professional licensing sanctions for the following actions authorized by this section:

(a)  Any practitioner who prescribes an opioid antagonist in accordance with subsection (3) of this section;

(b)  Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist under a prescription issued in accordance with subsection (3) of this section;

(c)  Any person other than a practitioner who administers an opioid antagonist in accordance with subsection (5) of this section; and

(d)  Any emergency medical technician who administers an opioid antagonist in accordance with subsection (6) of this section.

Nebraska  

Nebraska

Type: Naloxone Administration

LB 390 (2015)

May 27, 2015

1) A health professional who is authorized to prescribe or dispense naloxone, if acting with reasonable care, may prescribe, administer, or dispense naloxone to any of the following persons without being subject to administrative action or criminal prosecution;

(a)A person who is apparently experiencing or who is likely to experience an opioid-related overdose; or

(b)A family member, friend, or other person in a position to assist a person who is apparently experiencing or who is likely to experience an opioid- related overdose.

(2)A family member, friend, or other person who is in a position to assist a person who is apparently experiencing or who is likely to experience an opioid-related overdose, other than an emergency responder or peace officer, is not subject to actions under the Uniform Credentialing Act, administrative action, or criminal prosecution if the person, acting in good faith, obtains naloxone from a health professional or a prescription for naloxone from a health professional and administers the naloxone obtained from the health professional or acquired pursuant to the prescription to a person who is apparently experiencing an opioid-related overdose.

(3)An emergency responder is not subject to administrative action or criminal prosecution if the emergency responder, acting in good faith, obtains naloxone from the emergency responder's emergency medical service organization and administers the naloxone to a person who is apparently experiencing an opioid-related overdose.

(4)A peace officer is not subject to administrative action or criminal prosecution if the peace officer, acting in good faith, obtains naloxone from the peace officer's law enforcement agency and administers the naloxone to a person who is apparently experiencing an opioid-related overdose.

(5)For purposes of this section:

(a)Administer has the same meaning as in section 38-2806;

(b)Dispense has the same meaning as in section 38-2817;

(c)Emergency responder means first responder, emergency medical technician, emergency medical technician-intermediate, or emergency medical technician-paramedic licensed under the Emergency

Medical Services Practice Act;

(d)Health professional means a physician, physician assistant, nurse practitioner, or pharmacist licensed under the Uniform Credentialing Act;

(e)Law enforcement agency means police department, a town marshal, the office of sheriff, or the Nebraska State Patrol;

(f) Naloxone means naloxone hydrochloride; and

(g)Peace officer has the same meaning as in section 49-801.

sey
New Hampshire  

New Hampshire

Type: Naloxone Administration

HB 271 (2015)157

June 2, 2015

(a) A health care professional authorized to prescribe an opioid antagonist may prescribe, dispense, ordistribute, directly or by standing order, an opioid antagonist to a person at risk of experiencing an  opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose. Any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

(b)A person or organization may, if acting pursuant to the provisions of subparagraph (a), store and possess an opioid antagonist, dispense or distribute an opioid antagonist, and administer an opioid antagonist to another person who the person believes is suffering an opioid- related overdose.

(c)No health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an opioid antagonist directly or by standing order and no person who, acting in good faith and with reasonable care, stores, dispenses, or distributes an opioid antagonist or administers an opioid antagonist to another person who the person believes is suffering an opioid-related drug overdose shall be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this paragraph or any outcome resulting from an action authorized by this paragraph.

(d)In this paragraph:

(1)“Opioid antagonist” means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors.

(2)“Opioid-related drug overdose” means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

New Jersey  

New Jersey

Type:Naloxone Administration

S.B. 2082

N.J. Stat. Ann. § 24:6J

July 1 2013

 “(4) a. A health care professional or pharmacist who, acting in good faith, directly or through a standing order, prescribes or dispenses an opioid antidote to a patient capable, in the judgment of the health care professional, of administering the opioid antidote in an emergency, shall not, as a result of the professional’s acts or omissions, be subject to any criminal or civil liability, or any professional disciplinary action under Title 45 of the Revised Statutes for prescribing or dispensing an opioid antidote in accordance with this act.
b. A person, other than a health care professional, may in an emergency administer, without fee, an opioid antidote, if the person has received patient overdose information pursuant to section 5 of this act and believes in good faith that another person is experiencing an opioid overdose. The person shall not, as a result of the person’s acts or omissions, be subject to any criminal or liability for administering an opioid antidote accordance with this act…
(5) a. A health care professional prescribing or dispensing an opioid antidote to a patient shall ensure that the patient receives patient overdose information. This information shall include, but is not limited to: opioid overdose prevention and recognition; how to perform rescue breathing and resuscitation; opioid antidote dosage and administration; the importance of calling 911 emergency telephone service for assistance with an opioid
overdose; and care for an overdose victim after administration of the opioid antidote.
b. In order to fulfill the distribution of patient overdose information required by subsection a. of this section,
the information may be provided by the health care professional, or a community-based organization, substance
abuse organization, or other organization which addresses medical or social issues related to drug addiction that
the health care professional maintains a written agreement with, and that includes: procedures for providing
patient overdose information; information as to how employees or volunteers providing the information will be
trained; and standards for documenting the provision of patient overdose information to patients.
c. The provision of patient overdose information shall be documented in the patient's medical record by a health care professional, or through similar means as determined by any written agreement between a healthcare professional and an organization as set forth in subsection b. of this section.
d. The Commissioner of Human Services, in consultation with Statewide organizations representing physicians, advanced practice nurses, or physician assistants, or community-based programs, substance abuse programs, syringe access programs, or other programs which address medical or social issues related to drug addiction, may develop and disseminate training materials in video, electronic, or other formats to health care professionals or organizations operating community-based programs, substance abuse programs, syringe access programs, or other programs which address medical or social issues related to drug addiction, to facilitate the provision of patient overdose information.”
New Mexico  

New Mexico

Type:Naloxone Administration

Stat. Ann. § 24-23-1

April 3, 2001




A. A person authorized under federal, state or local government regulations, other than a licensed health care professional permitted by law to administer an opioid antagonist, may administer an opioid antagonist to another person if:

(1)  he, in good faith, believes the other person is experiencing a drug overdose; and

(2)  he acts with reasonable care in administering the drug to the other person.

B. A person who administers an opioid antagonist to another person pursuant to Subsection A of this section shall not be subject to civil liability or criminal prosecution as a result of the administration of the drug.”

 

“A licensed health care professional, who is permitted by law to prescribe an opioid antagonist, if acting with reasonable care, may prescribe, dispense, distribute or administer an opioid antagonist without being subject to civil liability or criminal prosecution.”

N.M. Stat. Ann. § 24- 23-2

Apr. 3, 2001

 

“A licensed health care professional, who is permitted by law to prescribe an opioid antagonist, if acting

 

with reasonable care, may prescribe, dispense, distribute or administer an opioid antagonist without

 

being subject to civil liability or criminal prosecution.”

 

 N.M.A.C. 7.32.7 

Sept. 13, 2001

“A person, other than a licensed health care professional permitted by law to administer an opioid

antagonist, is authorized to administer an opioid antagonist to another person if he, in good faith,

believes the other person is experiencing an opioid drug overdose and he acts with reasonable care in

administering the drug to the other person. It is strongly recommended that any person administering an

opioid antagonist to another person immediately call for emergency medical services.”

Lists guidelines for opioid agonist administration programs. Such programs must, among other things,

have a program director and physician medical director. Each program must “promptly”notify local EMS

of the “activation and existence”of the program and if it stops or cancels its operations. Defines “trained

targeted responders.”Must also keep certain records and submit an application for registration before

beginning operations, and report any use of naloxone by trained responders, among other requirements.

 

Nevada

 

Nevada

Type: Naloxone Administration

NV SB 459

October 1, 2015

Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined insections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

Sec. 4.

1.“Health care professional” means a physician, a physician assistant or an advanced practice registered nurse.

2.As used in this section:

(a)“Advanced practice registered nurse” has the meaning ascribed to it in NRS 632.012.

(b)“Physician” means a physician licensed pursuant to chapter 630 or 633 of NRS.

(c)“Physician assistant” means a physician assistant licensed pursuant to chapter 630 or 633 of NRS.

Sec. 5. “Opioid antagonist” means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors. The term includes, without limitation, naloxone hydrochloride.

Sec. 6. “Opioid-related drug overdose” means a condition including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or that an ordinary layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

Sec. 7.

1. Notwithstanding any other provision of law, a health care professional otherwise authorized to prescribe an opioid antagonist may, directly or by standing order, prescribe and dispense an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend or other person in a position to assist a person at risk of experiencing an opioid-related drug overdose. Any such prescription must be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

2. A person who, acting in good faith and with reasonable care, prescribes or dispenses an opioid antagonist pursuant to subsection 1, is not subject to any criminal or civil liability or any professional disciplinary action for:

(a)  Such prescribing or dispensing; or

(b)  Any outcomes that result from the eventual administration of the opioid antagonist.

3. Notwithstanding any other provision of law:

(a)  Any person, including, without limitation, a law enforcement officer, acting in good faith, may possess and administer an opioid antagonist to another person whom he or she reasonably believes to be experiencing an opioid-related drug overdose.

(b)  An emergency medical technician, advanced emergency medical technician or paramedic, as defined in chapter 450B of NRS, is authorized to administer an opioid antagonist as clinically indicated.

4. A person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be experiencing an opioid-related drug overdose is immune from criminal prosecution, sanction under any professional licensing statute and civil liability for such act.

5. The provisions of this section do not create any duty to prescribe or dispense an opioid antagonist. A person who declines to prescribe or dispense an opioid antagonist is not subject to any criminal or civil liability or any professional discipline for any reason relating to declining to prescribe or dispense the opioid antagonist.

Sec. 8. Notwithstanding any other provision of law, a person acting under a standing order issued by a health care professional who is otherwise authorized to prescribe an opioid antagonist may store an opioid antagonist without being subject to the registration and licensing provisions of chapter 639 of NRS and may dispense an opioid antagonist if those activities are undertaken without charge or compensation.

Sec. 9.

1. Notwithstanding any other provision of law, a registered pharmacist may furnish an opioid antagonist in accordance with standardized procedures or protocols developed and approved by the State Board of Pharmacy pursuant to this section.

2. The State Board of Pharmacy may, in consultation with representatives of the Nevada Pharmacist Association, other appropriate professional licensing boards, state agencies and other interested parties, develop standardized procedures or protocols to enable a registered pharmacist and other appropriate entities to furnish an opioid antagonist pursuant to this section.

3. Standardized procedures or protocols adopted pursuant to this section must ensure that a person receive education before being furnished with an opioid antagonist pursuant to this section. The education must include, without limitation:

(a)  Information concerning the prevention and recognition of and responses to opioid-related drug overdoses;

(b)  Methods for the safe administration of opioid antagonists to a person experiencing an opioid-related drug overdose;

(c)  Potential side effects and adverse events connected with the administration of opioid antagonists;

(d)  The importance of seeking emergency medical assistance for a person experiencing an opioid-related drug overdose even after the administration of an opioid antagonist; and

(e)  Information concerning the provisions of section 12 of this act.

4. A pharmacist shall, before furnishing an opioid antagonist pursuant to this section, complete a training program on the use of opioid antagonists. The program must include at least 1 hour of approved continuing education on the use of opioid antagonists.

5. This section does not:

(a)  Affect any provision of law concerning the confidentiality of medical information.

(b)  Confer any authority on a registered pharmacist to prescribe an opioid antagonist or any other prescription medication or controlled substance.

Sec. 10.

  1. The Department of Health and Human Services may engage in efforts to ascertain and document the number, trends, patterns and risk factors related to fatalities caused by unintentional opioid-related drug overdoses and other drug overdoses.
  2. The Department of Health and Human Services may publish an annual report that:

(a)  Presents the information acquired pursuant to subsection 1; and

(b)  Provides information concerning interventions that may be effective in reducing fatal and nonfatal opioid-related drug overdoses and other drug overdoses, including, without limitation, the use of opioid analgesic drugs that contain abuse-deterrent mechanisms and access to such drugs.

Sec. 11. The Department of Health and Human Services may, within the limits of available money, award grants for:

  1. Educational programs for the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses;
  2. Training programs for patients who receive opioid antagonists and for the families and caregivers of such patients concerning the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses;
  3. Projects to encourage, when appropriate, the prescription and distribution of opioid antagonists; and
  4. Education and training programs on the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses for members and volunteers of law enforcement agencies and agencies that provide emergency medical services and other emergency services.
 

New York

 

New York

Type: Naloxone Administration

 

N.Y. Comp. Codes R. & Regs. Tit. 10 § 80.138 (2007)

Feb. 1, 2007

 


 Defines relevant terms, including “Opioid Overdose Prevention Program,”Opioid antagonist,”“Trainer

Overdose Responder, and “Registered provider.”Permits registered providers to operate an Opioid

Overdose Prevention Program if they obtain a certificate of approval from Health Department. Lists

requirements for registered providers and Programs. Requires Programs to maintain record-keeping

system and defines requirements for that system. Purports to limit protections of N.Y. Pub. Health Law §

3309 regarding the “purchase, acquisition, possession or use of an opioid antagonist”to approved

programs and Trained Overdose Responders.

 

NY Pub. Health Law § 3309 (2009)

Comp.Codes R & Regs. Tit. 10, § 80.138 (2007)


Authorizes state health commissioner to establish standards for approval of any opioid overdose preventionprogram, which may include standards for program directors, appropriate clinical oversight and training, record keeping and reporting.

Notwithstanding other laws, the “purchase, acquisition, possession or use of an opioid antagonist pursuant to this section shall not constitute the unlawful practice of a profession or other violation under title eight of the education law or this article.”

“Use of an opioid antagonist pursuant to this section shall be considered first aid or emergency treatment for the purpose of any statute relating to liability.”

 

Defines relevant terms, including “Opioid Overdose Prevention Program,” Opioid antagonist,” “Trainer Overdose

Responder, and “Registered provider.” Permits registered providers to operate an Opioid Overdose Prevention Program if they obtain a certificate of approval from Health Department. Lists requirements for registered providers and Programs. Requires Programs to maintain record-keeping system and defines requirements for that system. Purports to limit protections of N.Y. Pub. Health Law § 3309 regarding the “purchase, acquisition, possession or use of an opioid antagonist” to approved programs and Trained Overdose Responders

N.Y. Pub. Health Law § 3309 (2014)
June 24, 2014
 


 

Authorizes state health commissioner to establish standards for approval of any opioid overdose

prevention program, which may include standards for program directors, appropriate clinical oversight

and training, record keeping and reporting.

Notwithstanding other laws, the “purchase, acquisition, possession or use of an opioid antagonist

pursuant to this section shall not constitute the unlawful practice of a profession or other violation under

title eight of the education law or this article.

(iv) “Opioid antagonist recipient”or “recipient”means a person at risk of experiencing an opioid-related

overdose, or a family member, friend or other person in a position to assist a person experiencing or at

risk of experiencing an opioid-related overdose, or an organization registered as an opioid overdose

prevention program pursuant to this section.

(b)(i) A health care professional may prescribe by a patient-specific or non-patient-specific prescription,

dispense or distribute, directly or indirectly, an opioid antagonist to an opioid antagonist recipient.

(ii) A pharmacist may dispense an opioid antagonist, through a patient-specific or non-patient-specific

prescription pursuant to this paragraph, to an opioid antagonist recipient.

iii) An opioid antagonist recipient may possess an opioid antagonist obtained pursuant to this

paragraph, may distribute such opioid antagonist to a recipient, and may administer such opioid

antagonist to a person the recipient reasonably believes is experiencing an opioid overdose.

4. Use of an opioid antagonist pursuant to this section shall be considered first aid or emergency

treatment for the purpose of any statute relating to liability.

A recipient or opioid overdose prevention program under this section, acting reasonably and in good

faith in compliance with this section, shall not be subject to criminal, civil or administrative liability solely

by reason of such action.”

North Carolina  

North Carolina

Type: Naloxone Administration

Gen. Stat. § 90-106.2

April 9, 2013


“(a) As used in this section, "opioid antagonist" means naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.

(b) A practitioner acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antagonist to (i) a person at risk of experiencing an opiate-related overdose or (ii) a family member, friend, or other person in a position to assist a person at risk of experiencing an opiate-related overdose. As an indicator of good faith, the practitioner, prior to prescribing an opioid under this subsection, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:

(1)    The person seeking the opioid antagonist is at risk of experiencing an opiate-related overdose.

(2)    The person other than the person who is at risk of experiencing an opiate-related overdose, and who is seeking the opioid antagonist, is in relation to the person at risk of experiencing an opiate-related overdose:

a.  A family member, friend, or other person.

b.    In the position to assist a person at risk of experiencing an opiate-related overdose.

(c) A person who receives an opioid antagonist that was prescribed pursuant to subsection (b) of this section may administer an opioid antagonist to another person if (i) the person has a good faith belief that the other person is experiencing a drug-related overdose and (ii) the person exercises reasonable care in administering the drug to the other person. Evidence of the use of reasonable care in administering the drug shall include the receipt of basic instruction and information on how to administer the opioid antagonist.

(d) All of the following individuals are immune from any civil or criminal liability for actions authorized by this section:

(1)    Any practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this section. Any person who administers an opioid antagonist pursuant to subsection (c) of this section

North Dakota  

North Dakota

Type: Naloxone Administration

ND       SB 2014 (2015)

August 1, 2015

1. [defines “health care professional” and “opioid antagonist.”]

2. A health care professional acting in good faith may directly or by standing order prescribe, distribute, or dispense an opioid antagonist, if the health care professional provides training to:

a.An individual at risk of experiencing an opioid-related overdose; or

b.A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose.

3. An individual acting in good faith may receive or possess an opioid antagonist if that individual is:

a.An individual at risk of experiencing an opioid-related overdose;

b.A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose.

4. An individual acting in good faith may self-administer an opioid antagonist or administer an opioid antagonist to another individual who the administering individual suspects is at risk of experiencing an opioid overdose.

5. An individual may receive, possess, or administer an opioid antagonist under subsection 3 or 4, regardless of whether the individual is the individual for or to whom the opioid antagonist is prescribed, distributed, or dispensed.

6. An individual who prescribes, distributes, dispenses, receives, possesses, or administers an opioid antagonist as authorized under this section is immune from civil and criminal liability for such action. A health care professional who prescribes, distributes, or dispenses an opioid antagonist as authorized under this section is not subject to professional discipline for such action. This section does not expand the scope of practice of a health care professional. Immunity from liability or disciple under this subsection dos not apply if the individual’s actions constitute recklessness, gross negligence, or intentional misconduct.

Section 2.

To establish limited prescriptive authority for individuals to distribute opioid antagonist kits, also known as “Naloxone rescue kits.” If the board establishes limited prescriptive authority under this subsection, the board shall adopt rules to establish standards that may include training, certification, and continuing education requirements.

Ohio  

Ohio

Type:Naloxone Administration

OH H.B. 170 (2014)

Mar. 11, 2014 Sec. 2925.61.

A) As used in this section:

(1) "Administer naloxone" means to give naloxone to a person by either of the following routes: (a) Using

a device manufactured for the intranasal administration of liquid drugs;

(b) Using an autoinjector in a manufactured dosage form.

(2) "Law enforcement agency" means a government entity that employs peace officers to perform law

enforcement duties.

(3) "Licensed health professional" means all of the following:

(a) A physician who is authorized under Chapter 4731. of the Revised Code to practice medicine and

surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;

(b) A physician assistant who holds a certificate to prescribe issued under Chapter 4730. of the Revised

Code;

(c) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a

certificate to prescribe issued under section 4723.48 of the Revised Code.

(4) "Peace officer" has the same meaning as in section 2921.51 of the Revised Code.

(B) A family member, friend, or other individual who is in a position to assist an individual who is

apparently experiencing or at risk of experiencing an opioid-related overdose, is not subject to criminal

prosecution for a violation of section 4731.41 of the Revised Code or criminal prosecution under this

chapter if the individual, acting in good faith, does all of the following:

(1) Obtains naloxone from a licensed health professional or a prescription for naloxone from a licensed

health professional;

(2) Administers that naloxone to an individual who is apparently experiencing an opioid-related

overdose;

(3) Attempts to summon emergency services either immediately before or immediately after

administering the naloxone.

(C) Division (B) of this section does not apply to a peace officer or to an emergency medical technicianbasic,

emergency medical technician-intermediate, or emergency medical technician-paramedic, as

defined in section 4765.01 of the Revised Code.

(D) A peace officer employed by a law enforcement agency licensed under Chapter 4729. of the

Revised Code as a terminal distributor of dangerous drugs is not subject to administrative action,

criminal prosecution for a violation of section 4731.41 of the Revised Code, or criminal prosecution

under this chapter if the peace officer, acting in good faith, obtains naloxone from the peace officer's law

enforcement agency and administers the naloxone to an individual who is apparently experiencing an

opioid-related overdose.

Sec. 4723.488. (A) Notwithstanding any provision of this chapter or rule adopted by the board of

nursing, a clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a

certificate to prescribe issued under section 4723.48 of the Revised Code may personally furnish a

supply of naloxone, or issue a prescription for naloxone, without having examined the individual to whom

it may be administered if all of the following conditions are met:

(1) The naloxone supply is furnished to, or the prescription is issued to and in the name of, a family

member, friend, or other individual in a position to assist an individual who there is reason to believe is at

risk of experiencing an opioid-related overdose.

(2) The nurse instructs the individual receiving the naloxone supply or prescription to summon

emergency services either immediately before or immediately after administering naloxone to an

individual apparently experiencing an opioid-related overdose.

(3) The naloxone is personally furnished or prescribed in such a manner that it may be administered by

only either of the following routes:

(a) Using a device manufactured for the intranasal administration of liquid drugs;

(b) Using an autoinjector in a manufactured dosage form.

(B) A nurse who under division (A) of this section in good faith furnishes a supply of naloxone or issues a

prescription for naloxone is not liable for or subject to any of the following for any action or omission of

the individual to whom the naloxone is furnished or the prescription is issued: damages in any civil

action, prosecution in any criminal proceeding, or professional disciplinary action.

Sec. 4729.511. (A) As used in this section, "naloxone distributor" means either of the following:

(1) A wholesale distributor of dangerous drugs;

(2) A terminal distributor of dangerous drugs that supplies naloxone to any entity under division (B)(1) of

this section.

(B)(1) A naloxone distributor shall prioritize the sale, distribution, and delivery of naloxone to all of the

following:

(a) A children's hospital, as defined in section 3727.01 of the Revised Code;

(b) A hospital, as defined in section 3727.01 of the Revised Code;

(c) An emergency medical service organization, as defined in section 4765.01 of the Revised Code;

(d) A facility that is operated as an urgent care center.

(2) The order in which the entities are listed in division (B)(1) of this section does not establish levels of

priority among the listed entities.

(C) A naloxone distributor who in good faith complies with division (B) of this section is not liable for or

subject to any of the following for an act or omission arising from that compliance: damages in any civil

action, prosecution in any criminal proceeding, or professional disciplinary action.

Sec. 4730.431. (A) Notwithstanding any provision of this chapter or rule adopted by the state medical

board, a physician assistant who holds a certificate to prescribe issued under this chapter may

personally furnish a supply of naloxone, or issue a prescription for naloxone, without having examined

the individual to whom it may be administered if all of the following conditions are met:

[identical to 4723.488]

Sec. 4731.94. (A) As used in this section, "physician" means an individual authorized under this chapter

to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.

[identical to 4730.431]

WI Act 200 (2014)

Apr. 8, 2014 SECTION 1. 256.01 (13) of the statutes is created to read:

256.01 (13) "Opioid antagonist" has the meaning given in s. 450.01 (13v).

..

SECTION 4. 441.07 (1g) (d) of the statutes, as affected by 2013 Wisconsin Act 114, is amended to read:

441.07 (1g) (d) Misconduct or unprofessional conduct. In this paragraph, "misconduct" and

"unprofessional conduct" do not include providing any of the following:

1. Providing expedited partner therapy as described in s. 448.035.

SECTION 5. 441.07 (1g) (d) 2. of the statutes is created to read:

441.07 (1g) (d) 2. Prescribing or delivering an opioid antagonist in accordance with s. 441.18 (2).

SECTION 6. 441.18 of the statutes is created to read:

441.18 Prescriptions for and delivery of opioid antagonists. (1) In this section:

(a) "Administer" has the meaning given in s. 450.01 (1).

(b) "Deliver" has the meaning given in s. 450.01 (5).

(c) "Dispense" has the meaning given in s. 450.01 (7).

(d) "Opioid antagonist" has the meaning given in s. 450.01 (13v).

(e) "Opioid-related drug overdose" has the meaning given in s. 256.40 (1) (d).

(2) (a) An advanced practice nurse certified to issue prescription orders under s. 441.16 may, directly or

by the use of a standing order, prescribe an opioid antagonist to a person in a position to assist an

individual at risk of undergoing an opioid-related drug overdose and may deliver the opioid antagonist to

that person. A prescription order under this paragraph need not specify the name and address of the

individual to whom the opioid antagonist will be administered, but shall instead specify the name of the

person to whom the opioid antagonist will be delivered.

(b) An advanced practice nurse who prescribes or delivers an opioid antagonist under par. (a) shall

ensure that the person to whom the opioid antagonist will be delivered has the knowledge and training

necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related

overdose and that the person demonstrates the capacity to ensure that any individual to whom the

person further delivers the opioid antagonist has or receives that knowledge and training.

(3) An advanced practice nurse who, acting in good faith, prescribes or delivers an opioid antagonist in

accordance with sub. (2), or who, acting in good faith, otherwise lawfully prescribes or dispenses an

opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional

discipline under s. 441.07 for any outcomes resulting from prescribing, delivering, or dispensing the

opioid antagonist.

SECTION 7. 448.015 (4) (bm) of the statutes is renumbered 448.015 (4) (bm) (intro.) and amended to

read:

448.015 (4) (bm) (intro.) "Unprofessional conduct" does not include providing any of the following:

1. Providing expedited partner therapy as described in s. 448.035.

SECTION 8. 448.015 (4) (bm) 2. of the statutes is created to read:

448.015 (4) (bm) 2. Prescribing or delivering an opioid antagonist in accordance with s. 448.037 (2).

SECTION 9. 448.037 of the statutes is created to read:

448.037 Prescriptions for and delivery of opioid antagonists. (1) In this section:

(a) "Administer" has the meaning given in s. 450.01 (1).

(b) "Deliver" has the meaning given in s. 450.01 (5).

(c) "Dispense" has the meaning given in s. 450.01 (7).

(d) "Opioid antagonist" has the meaning given in s. 450.01 (13v).

(e) "Opioid-related drug overdose" has the meaning given in s. 256.40 (1) (d).

(2) (a) A physician or physician assistant may, directly or by the use of a standing order, prescribe an

opioid antagonist to a person in a position to assist an individual at risk of undergoing an opioid-related

drug overdose and may deliver the opioid antagonist to that person. A prescription order under this

paragraph need not specify the name and address of the individual to whom the opioid antagonist will be

administered, but shall instead specify the name of the person to whom the opioid antagonist will be

delivered.

(b) A physician or physician assistant who prescribes or delivers an opioid antagonist under par. (a) shall

ensure that the person to whom the opioid antagonist will be delivered has the knowledge and training

necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related

overdose and that the person demonstrates the capacity to ensure that any individual to whom the

person further delivers the opioid antagonist has or receives that knowledge and training.

(3) A physician or physician assistant who, acting in good faith, prescribes or delivers an opioid

antagonist in accordance with sub. (2), or who, acting in good faith, otherwise lawfully prescribes or

dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to

professional discipline under s. 448.02 for any outcomes resulting from prescribing, delivering, or

dispensing the opioid antagonist.

SECTION 10. 450.01 (1) (d) of the statutes is created to read:

450.01 (1) (d) In the case of an opioid antagonist, any person.

SECTION 11. 450.01 (13v) of the statutes is created to read:

450.01 (13v) "Opioid antagonist" means a drug, such as naloxone, that satisfies all of the following:

(a) The drug binds to the opioid receptors and competes with or displaces opioid agonists at the opioid

receptor site but does not activate the receptors, effectively blocking the receptor and preventing or

reversing the effect of an opioid agonist.

(b) The drug is not a controlled substance.

SECTION 12. 450.10 (1) (a) (intro.) of the statutes is amended to read:

450.10 (1) (a) (intro.) In this subsection, "unprofessional conduct" includes any of the following, but does

not include the dispensing of an antimicrobial drug for expedited partner therapy as described in s.

450.11 (1g) or the delivery of an opioid antagonist as described in s. 450.11 (1i):

SECTION 13. 450.11 (1) of the statutes is amended to read:

450.11 (1) DISPENSING. No Except as provided in sub. (1i) (b) 2., no person may dispense any prescribed

drug or device except upon the prescription order of a practitioner. All prescription orders shall specify

the date of issue, the name and address of the practitioner, the name and quantity of the drug product or

device prescribed, directions for the use of the drug product or device, the symptom or purpose for

which the drug is being prescribed if required under sub. (4) (a) 8., and, if the order is written by the

practitioner, the signature of the practitioner. Except as provided in s. ss. 441.18 (2), 448.035 (2), and

448.037 (2), all prescription orders shall also specify the name and address of the patient. Any oral

prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub.

(2).

SECTION 14. 450.11 (1i) of the statutes is created to read:

450.11 (1i) OPIOID ANTAGONISTS. (a) Prescription and liability. 1. A pharmacist may, upon the prescription

order of an advanced practice nurse prescriber under s. 441.18 (2), or of a physician or physician

assistant under s. 448.037 (2), that complies with the requirements of sub. (1), deliver an opioid

antagonist to the person specified in the prescription order. The pharmacist shall provide a consultation

in accordance with rules promulgated by the board for the delivery of a prescription to the person to

whom the opioid antagonist is delivered.

2. A pharmacist who, acting in good faith, delivers an opioid antagonist in accordance with subd. 1., or

who, acting in good faith, otherwise lawfully dispenses an opioid antagonist, shall be immune from

criminal or civil liability and may not be subject to professional discipline under s. 450.10 for any

outcomes resulting from delivering or dispensing the opioid antagonist.

(b) Possession, dispensing, and delivery. 1. Any person may possess an opioid antagonist.

2. a. Subject to subd. 2. b. to d., any person may deliver or dispense an opioid antagonist.

b. An advanced practice nurse prescriber may only deliver or dispense an opioid antagonist in

accordance with s. 441.18 (2) or in accordance with his or her other legal authority to dispense

prescription drugs.

c. A physician or physician assistant may only deliver or dispense an opioid antagonist in accordance

with s. 448.037 (2) or in accordance with his or her other legal authority to dispense prescription drugs.

d. A pharmacist may only deliver or dispense an opioid antagonist in accordance with par. (a) 1. or in

accordance with his or her other legal authority to dispense prescription drugs.

(c) Immunity. 1. In this paragraph, "opioid-related drug overdose" has the meaning given in s. 256.40 (1)

(d).

2. Subject to par. (a) 2. and ss. 441.18 (3) and 448.037 (3), any person who, acting in good faith,

delivers or dispenses an opioid antagonist to another person shall be immune from civil or criminal

liability for any outcomes resulting from delivering or dispensing the opioid antagonist.

3. Subject to ss. 256.40 (3) (b) and 895.48 (1g), any person who, reasonably believing another person to

be undergoing an opioid-related drug overdose, administers an opioid antagonist to that person shall be

immune from civil or criminal liability for any outcomes resulting from the administration of the opioid

antagonist to that person.

SECTION 15. 450.11 (3) of the statutes is amended to read:

450.11 (3) PREPARATION OF PRESCRIPTION DRUGS. No Except as provided in sub. (1i) (b), no person other

than a pharmacist or practitioner or their agents and employees as directed, supervised, and inspected

by the pharmacist or practitioner may prepare, compound, dispense, or prepare for delivery for a patient

any prescription drug.

SECTION 16. 450.11 (4) (a) 5. a. of the statutes is amended to read:

450.11 (4) (a) 5. a. Except as provided in subd. 5. b. and c., the full name of the patient.

SECTION 17. 450.11 (4) (a) 5. c. of the statutes is created to read:

450.11 (4) (a) 5. c. For an opioid antagonist when delivered under sub. (1i) (a), the name of the person

to whom the opioid antagonist will be delivered as specified in s. 441.18 (2) (a) or 448.037 (2) (a).

SECTION 18 . 450.11 (7) (h) of the statutes is amended to read:

450.11 (7) (h) No Except as provided in sub. (1i) (b), no person may possess a prescription drug unless

the prescription drug is obtained in compliance with this section.

SECTION 19. 895.48 (1) of the statutes is amended to read:

895.48 (1) Any Except as provided in sub. (1g), any person who renders emergency care at the scene of

any emergency or accident in good faith shall be immune from civil liability for his or her acts or

omissions in rendering such emergency care. This

 Oklahoma  

Oklahoma

Type:Naloxone Administration

Stat. tit. 63, § 2-312.2 (2014)

Nov. 1, 2014



“Naloxone, also known as Narcan, or any of its generic equivalents may be dispensed or sold by a

pharmacy without a prescription; provided, however, it shall be dispensed or sold only by, or under the

supervision of, a licensed pharmacist.”

PA S.B. 1164 (2014)

Nov. 28, 2014 Section 13.8. Drug Overdose Medication.

(A) THE DEPARTMENT, IN CARRYING OUT ITS DUTIES UNDER 28 PA. CODE CH. 1023

(RELATING TO PERSONNEL), SHALL HAVE THE FOLLOWING DUTIES:

(1) BY DECEMBER 31, 2014, AMEND THE PREHOSPITAL PRACTITIONER SCOPE OF PRACTICE

OF EMERGENCY MEDICAL SERVICES PROVIDERS TO INCLUDE THE ADMINISTRATION OF

NALOXONE.

(2) IN CONSULTATION WITH THE PENNSYLVANIA EMERGENCY HEALTH SERVICES COUNCIL,

IMPLEMENT TRAINING, TREATMENT PROTOCOLS, EQUIPMENT LISTS AND OTHER POLICIES

AND PROCEDURES FOR ALL TYPES OF EMERGENCY MEDICAL SERVICES PROVIDERS.

(3) IN CONSULTATION WITH THE DEPARTMENT OF DRUG AND ALCOHOL

PROGRAMS, DEVELOP OR APPROVE TRAINING AND INSTRUCTIONAL

MATERIALS ABOUT RECOGNIZING OPIOID-RELATED OVERDOSES,

ADMINISTERING NALOXONE AND PROMPTLY SEEKING MEDICAL ATTENTION. THE TRAINING

AND INSTRUCTION MATERIALS SHALL BE PROVIDED FREE OF CHARGE ON THE INTERNET.

(B) A LAW ENFORCEMENT AGENCY, FIRE DEPARTMENT OR FIRE COMPANY MAY ENTER INTO

WRITTEN AGREEMENTS WITH EMERGENCY MEDICAL SERVICES AGENCIES, WITH THE

CONSENT OF THAT AGENCY'S MEDICAL DIRECTOR OR A PHYSICIAN, TO DO THE FOLLOWING:

(1) OBTAIN A SUPPLY OF NALOXONE.

(2) AUTHORIZE A LAW ENFORCEMENT OFFICER OR FIREFIGHTER WHO

HAS COMPLETED TRAINING UNDER SUBSECTION (A)(2)

TRAINING AND INSTRUCTIONAL MATERIALS UNDER SUBSECTION (A)(3), TO ADMINISTER

NALOXONE TO AN INDIVIDUAL UNDERGOING OR BELIEVED TO BE UNDERGOING AN OPIOID-

RELATED DRUG OVERDOSE.

(C) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, A HEALTH

9CARE PROFESSIONAL OTHERWISE AUTHORIZED TO PRESCRIBE NALOXONE MAY DISPENSE,

PRESCRIBE OR DISTRIBUTE NALOXONE DIRECTLY OR BY A STANDING ORDER TO AN

AUTHORIZED LAW ENFORCEMENT OFFICER OR FIREFIGHTER IN ACCORDANCE WITH AN

AGREEMENT UNDER SUBSECTION OR TO A PERSON AT RISK OF EXPERIENCING AN OPIOID-

RELATED OVERDOSE OR FAMILY MEMBER, FRIEND OR OTHER PERSON IN A POSITION TO

ASSIST A PERSON AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE.

(D) THE PROVISIONS OF THE ACT OF SEPTEMBER 27, 1961

18(P.L.1700, NO.699), KNOWN AS THE "PHARMACY ACT," SHALL NOT APPLY TO A LAW

ENFORCEMENT OFFICER OR FIREFIGHTER WHO STORES NALOXONE PURSUANT TO AN

AGREEMENT UNDER SUBSECTION (B), AND IN ACCORDANCE WITH DIRECTIONS FROM THE

HEALTH CARE PROFESSIONAL THAT PRESCRIBED, DISPENSED OR DISTRIBUTED THE

NALOXONE OR TO A PERSON OR ORGANIZATION ACTING AT THE DIRECTION OF A HEALTH

CARE PROFESSIONAL AUTHORIZED TO PRESCRIBE NALOXONE SO LONG AS SUCH

ACTIVITIES ARE UNDERTAKEN WITHOUT CHARGE OR COMPENSATION.

(E) (1) A LICENSED HEALTH CARE PROFESSIONAL WHO, ACTING IN GOOD FAITH, PRESCRIBES

OR DISPENSES NALOXONE SHALL NOT BE SUBJECT TO ANY CRIMINAL OR CIVIL LIABILITY OR

ANY PROFESSIONAL DISCIPLINARY ACTION FOR:

(I) SUCH PRESCRIBING OR DISPENSING; OR

 

 (II) ANY OUTCOMES RESULTING FROM THE EVENTUAL ADMINISTRATION OF NALOXONE.

(2) THE IMMUNITY UNDER PARAGRAPH (1) SHALL NOT APPLY TO A HEALTH PROFESSIONAL

WHO ACTS WITH INTENT TO HARM OR WITH RECKLESS INDIFFERENCE TO A SUBSTANTIAL

RISK OF HARM.

(F) (1) A PERSON, LAW ENFORCEMENT AGENCY, FIRE

DEPARTMENT OR FIRE COMPANY UNDER SUBSECTION (B)(2) OR (C) WHO, ACTING IN GOOD

FAITH AND WITH REASONABLE CARE, ADMINISTERS NALOXONE TO ANOTHER PERSON

WHOM THE PERSON BELIEVES TO BE SUFFERING AN OPIOID-RELATED DRUG OVERDOSE:

(I) SHALL BE IMMUNE FROM CRIMINAL PROSECUTION, SANCTION UNDER ANY PROFESSIONAL

LICENSING STATUTE AND CIVIL LIABILITY FOR SUCH ACT.

(II) SHALL NOT BE SUBJECT TO PROFESSIONAL REVIEW FOR SUCH ACT.

(III) SHALL NOT BE LIABLE FOR ANY CIVIL DAMAGES FOR ACTS OR MISSIONS RESULTING

FROM SUCH ACT.

(2) RECEIPT OF TRAINING AND INSTRUCTIONAL MATERIALS THAT

MEET THE CRITERIA OF SUBSECTION (A) AND THE PROMPT SEEKING OF ADDITIONAL

MEDICAL ASSISTANCE SHALL CREATE A REBUTTABLE PRESUMPTION THAT THE PERSON

ACTED WITH REASONABLE CARE IN ADMINISTERING NALOXONE.

(G) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO LIMIT ANY EXISTING IMMUNITIES

FOR EMERGENCY RESPONSE PROVIDERS AND OTHERS PROVIDED FOR UNDER 42 PA.C.S. §

8332 (RELATING TO EMERGENCY RESPONSE PROVIDER AND BYSTANDER GOOD SAMARITAN

CIVIL IMMUNITY).

 

 Oregon  

Oregon

Type:Naloxone Administration

Rev. Stat. § 689.681 (2013)

 

 


“(2) The Oregon Health Authority shall establish by rule protocols and criteria for training on lifesaving treatments for opiate overdose. The criteria must specify:

(a)  the frequency of required retraining or refresher training; and

(b)  The curriculum for the training, including:

(A)  The recognition of symptoms and signs of opiate overdose;

(B)  Nonpharmaceutical treatments for opiate overdose, including rescue breathing and proper positioning of the victim;

(C) Obtaining emergency medical services;

(D) The proper administration of naloxone to reverse opiate overdose; and

(E)  The observation and follow-up that is necessary to avoid the recurrence of overdose symptoms” [Section 3 states training must be subject to oversight by physician or certified nurse practitioner and may be conducted by health authorities or organizations that serve to individuals who take opiates]

“(4) Notwithstanding any other provision of law, a pharmacy, a health care professional with prescription and dispensing privileges or any other person designated by the State Board of Pharmacy by rule may distribute unit­of-use packages of naloxone, and the necessary medical supplies to administer the naloxone to a person who:

(a)  Conducts training that meets the protocols and criteria established by the authority under subsection (2) of this section, so that the person may possess and distribute naloxone and necessary medical supplies to persons who successfully complete the training; or

(b)  Has successfully completed training that meets the protocols and criteria established by the authority under subsection (2) of this section, so that the person may possess and administer naloxone to any individual who appears to be experiencing an opiate overdose.

(5) A person who has successfully completed the training described in this section is immune from civil liability for any act or omission committed during the course of providing the treatment pursuant to the authority granted by this section, if the person is acting in good faith and the act or omission does not constitute wanton misconduct.”
 Rhode Island  

Rhode Island

Type : Naloxone Administration

Gen. Laws § 21- 28.8-3 (2012)

June 18, 2012


“(a) A person may administer an opioid antagonist to another person if:

(1)  He or she, in good faith, believes the other person is experiencing a drug overdose; and

(2)  He or she acts with reasonable care in administering the drug to the other person.

(b) A person who administers an opioid antagonist to another person pursuant to this section shall not be subject to civil liability or criminal prosecution as a result of the administration of the drug.”
South Carolina ‘South Carolina Overdose Prevention Act’.

South Carolina

Type : Naloxone Administration

Act No. 54

June 3, 2015

 Section 44-130-10.

This chapter may be cited as the ‘South Carolina Overdose Prevention Act’.

Section 44-130-20.

For purposes of this chapter:

(1)      ‘Caregiver’ means a person who is not at risk of an opioid overdose but who, in the judgment of a physician, may be in a position to assist another individual during an overdose and who has received patient overdose information as required by Section 44-130-30 on the indications for and administration of an opioid antidote.

(2)      ‘Department’ means the Department of Health and Environmental Control.

(3)      ‘Drug overdose’ means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance or other substance with which a controlled substance was combined and that a layperson would reasonably believe to require medical assistance.

(4)      ‘First responder’ means an emergency medical services provider, a law enforcement officer, or a fire department worker directly engaged in examining, treating, or directing persons during an emergency.

(5)      ‘Medical assistance’ means professional medical services that are provided to a person experiencing a drug overdose.

(6)      ‘Opioid antidote’ means naloxone hydrochloride or other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

(7)      ‘Pharmacist’ means an individual licensed pursuant to Chapter 43, Title 40 to engage in the practice of pharmacy.

(8)      ‘Prescriber’ means a physician licensed pursuant to Chapter 47, Title 40, an advanced practice registered nurse licensed pursuant to Chapter 33, Title 40 and prescribing in accordance with the requirements of that chapter, and a physician assistant licensed pursuant to Article 7, Chapter 47, Title 40 and prescribing in accordance with the requirements of that article.

Section 44-130-30.

(A)   A prescriber acting in good faith and exercising reasonable care as a prescriber may issue a written prescription for an opioid antidote to:

(1)   a person who is at risk of experiencing an opioid-related overdose; or

(2)     a caregiver for a person who is at risk of experiencing an opioid overdose whom the prescriber has not personally examined.

(B)(1) The prescriber must provide to the person or the caregiver overdose information addressing the following:

(a)      opioid overdose prevention and recognition;

(b)      opioid antidote dosage and administration;

(c)the importance of calling 911 emergency telephone service for medical assistance with an opioid overdose; and

(d)      care for an overdose victim after administration of the opioid antidote.

(2)     The prescriber must document in the medical record that the opioid overdose information required by this subsection has been provided to the person or the caregiver.

(C)     A prescriber acting in good faith and exercising reasonable care may issue a standing order for a first responder to possess an opioid antidote for administration to a person whom the first responder believes to be experiencing an opioid-related overdose.

(D)     A prescriber who issues a written prescription or a standing order for an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability or to professional disciplinary action.

Section 44-130-40.

(A)      A pharmacist acting in good faith and exercising reasonable care as a pharmacist may dispense an opioid antidote pursuant to a written prescription or standing order by a prescriber.

(B)      A pharmacist dispensing an opioid antidote in accordance with the provisions of this section is not as a result of an act or omission subject to civil or criminal liability or to professional disciplinary action.

Section 44-130-50.

(A)      A caregiver may in an emergency administer, without fee, an opioid antidote to a person whom the caregiver believes in good faith is experiencing an opioid overdose if the caregiver has received the opioid overdose information provided for in Section 44-130-30.

(B)      A caregiver who administers an opioid antidote in accordance with the provisions of this section is not subject to civil or criminal liability.

Section 44-130-60.

(A)   A first responder may administer an opioid antidote in an emergency if the first responder believes in good faith that the person is experiencing an opioid overdose.

(B)    The first responder must comply with all applicable requirements for possession, administration, and disposal of the opioid antidote and administration device. The department may promulgate regulations to implement this section, including appropriate training for first responders who carry or have access to an opioid antidote.

(C)   A first responder who administers an opioid antidote in accordance with the provisions of this section to a person whom the first responder believes in good faith is experiencing an opioid overdose is not by an act or omission subject to civil or criminal liability or to professional disciplinary action.”

 Tennessee  
Tennessee

Type: Naloxone Administration

TN H.B. 1427 (2014)

July 1, 2014

 (a) As used in this section, “drug-related overdose”means an acute condition, including mania, hysteria,

extreme physical illness, coma, or death resulting from the consumption or use of a controlled

substance, or another substance with which a controlled substance was combined, and that a layperson

would reasonably believe to be an opioid related drug overdose that requires medical assistance.

(b) As used in this section, “opioid antagonist”means naloxone hydrochloride which is approved by the

federal Food and Drug Administration for the treatment of a drug overdose.

(c) A licensed healthcare practitioner otherwise authorized to prescribe an opioid antagonist acting in

good faith and exercising reasonable care may, directly or by standing order, prescribe an opioid

antagonist to the following persons:

(1) A person at risk of experiencing an opiate-related overdose, or

(2) A family member, friend, or other person in a position to assist a person at risk of experiencing an

opiate-related overdose.

(d) In order to establish good faith under subsection (c), a licensed healthcare practitioner, prior to

prescribing an opioid antagonist, may require receipt of a written communication that provides a factual

basis for a reasonable conclusion that:

(1) The person seeking the opioid antagonist is at risk of experiencing an opiate-related overdose; or

(2) The person seeking the opioid antagonist other than the person who is at risk of experiencing an

opiate-related overdose, and who is seeking the opioid antagonist, is a family member, friend, or other

person in a position to assist the person at risk of experiencing an opiate-related overdose.

(e) A person who receives an opioid antagonist that was prescribed pursuant to subsection (c) may

administer an opioid antagonist to another person if:

(1) The person has a good faith belief that the other person is experiencing an opioid related drug

overdose; and

(2) The person exercises reasonable care in administering the drug to the other person.

(f) Evidence of the use of reasonable care in administering the drug shall include the receipt of basic

instruction and information on how to administer the opioid antagonist, including successful completion

of the online overdose prevention education program offered by the department of health.

(g) The commissioner of health or the commissioner’s designee, in consultation with other state, federal

or local government personnel, including contractors, shall create and maintain an online education

program with the goal of educating laypersons and the general public on the administration of opioid

antagonists and appropriate techniques and follow-up procedures for dealing with opioid related drug-

overdose.

(h) The following individuals are immune from civil liability in the absence of gross negligence or willful

misconduct for actions authorized by this section:

(1) Any licensed health care practitioner who prescribes or dispenses an opioid antagonist pursuant to

subsection (c); and

(2) Any person who administers an opioid antagonist pursuant to subsection (e).

(i) A licensed healthcare practitioner acting in good faith and with reasonable care, who prescribes,

dispenses, or administers an opioid antagonist to a person the healthcare provider believes to be

experiencing or is at risk of experiencing a drug- related overdose or prescribes an opioid antagonist to a

family member, friend, or other person in a position to assist a person experience or at risk of

experiencing a drug- related overdose is immune from disciplinary or adverse administrative actions

under title 63 for acts or omissions during the administration, prescription, or dispensation of an opioid

antagonist.

 

Texas  

Texas

Type: Naloxone Administration

TX SB 1462

September 1, 2015

Subchapter E. Opioid Antagonists

Sec. 483.101. DEFINITIONS.
In this subchapter:

(1)"Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.

(2)"Opioid antagonist" means any drug that binds to opioid receptors and blocks or otherwise inhibits the effects of opioids acting on those receptors.

(3)"Opioid-related drug overdose" means a condition, evidenced by symptoms such asextreme physical illness, decreased level of consciousness, constriction of the pupils, respiratory depression, or coma, that a layperson would reasonably believe to be the result of the consumption or use of an opioid.

(4) "Prescriber" means a person authorized by law to prescribe an opioid antagonist. Sec. 483.102. PRESCRIPTION OF OPIOID ANTAGONIST; STANDING ORDER.

(a) prescriber may, directly or by standing order, prescribe an opioid antagonist to:

(1)a person at risk of experiencing an opioid-related drug overdose ;or

(2)a family member, friend, or other person in a position to assist a person described by Subdivision (1).

(b) prescription issued under this section is considered as issued for a legitimate medical purpose in the usual course of professional practice.

(c) A prescriber who, acting in good faith with reasonable care, prescribes or does not prescribe an opioid antagonist is not subject to any criminal or civil liability or any professional disciplinary action for:

(1)prescribing or failing to prescribe the opioid antagonist; or

(2)if the prescriber chooses to prescribe an opioid antagonist, any outcome resulting from the eventual administration of the opioid antagonist.

Sec. 483.103. DISPENSING OF OPIOID ANTAGONIST

(a) pharmacist may dispense an opioid antagonist under a valid prescription to:

(1)a person at risk of experiencing an opioid-related drug overdose; or

(2)a family member, friend, or other person in a position to assist a person described by Subdivision (1).

(b) prescription filled under this section is considered as filled for a legitimate medical purpose in the usual course of professional practice.

(c) pharmacist who, acting in good faith and with reasonable care, dispenses or does not dispense an opioid antagonist under a valid prescription is not subject to any criminal or civil liability or any professional disciplinary action for:

(1)dispensing or failing to dispense the opioid antagonist; or

(2)if the pharmacist chooses to dispense an opioid antagonist, any outcome resulting from the eventual administration of the opioid antagonist.

Sec. 483.104. DISTRIBUTION OF OPIOID ANTAGONIST; STANDING ORDER

A person or organization acting under a standing order issued by a prescriber may store an opioid antagonist and may distribute an opioid antagonist, provided the person or organization does not request or receive compensation for storage or distribution.

Sec. 483.105 POSSESSION OF OPIOID ANTAGONIST.

Any person may possess an opioid antagonist, regardless of whether the person holds a prescription for the opioid antagonist.

Sec. 483.106. ADMINISTRATION OF OPIOID ANTAGONIST

(a)A person who, acting in good faith and with reasonable care, administers or does not administer an opioid antagonist to another person whom the person believes is suffering an opioid-related drug overdose is not subject to criminal prosecution, sanction under any professional licensing statute, or civil liability, for an act or omission resulting from the administration of or failure to administer the opioid antagonist.

(b)Emergency services personnel are authorized to administer an opioid antagonist to a person who appears to be suffering an opioid-related drug overdose, as clinically indicated.

Sec. 483.107. CONFLICT OF LAW

To the extent of a conflict between this subchapter and another law, this subchapter controls.

 
 Utah  

UTAH

Type: Naloxone Administration

UT H.B. 119 (2014)

Utah Code § 26-55-102

May 13, 2014

Definitions.

As used in this chapter:

(1) "Health care facility" means a hospital, a hospice inpatient residence, a nursing facility, a dialysis

treatment facility, an assisted living residence, an entity that provides home-and community-based

services, a hospice or home health care agency, or another facility that provides or contracts to provide

health care services, which facility is licensed under Chapter 21, Health Care Facility Licensing and

Inspection Act.

(2) "Health care provider" means:

(a) a physician as defined in Section 58-67-102 ;

(b) an advanced practice registered nurse as defined in Subsection 58-31b-102 (13); or

(c) a physician assistant as defined in Section 58-70a-102 .

(3) "Opiate" is as defined in Section 58-37-2 .

(4) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled

substance and that is approved by the federal Food and Drug Administration for the treatment of a drug

overdose.

(5) "Opiate-related drug overdose event" means an acute condition, including a decreased level of

consciousness or respiratory depression resulting from the consumption or use of a controlled

substance, or another substance with which a controlled substance was combined, and that a person

would reasonably believe to require medical assistance.

Utah Code § 26-55-103. Voluntary participation.

This chapter does not create a duty or standard of care for a person to prescribe or administer an opiate

antagonist.

Utah Code § 26-55-104. Authority to obtain and use an emergency opiate antagonist --Immunity

from liability.

(1) (a) Except as provided in Subsection (1)(b), a person other than a health care facility or health care

provider who acts in good faith to administer an opiate antagonist to another person whom the person

believes to be suffering an opiate-related drug overdose event is not liable for any civil damages or acts

or omissions made as a result of administering the opiate antagonist.

(b) A health care provider:

(i) does not have immunity from liability under Subsection (1)(a) when the health care provider is acting

within the scope of the health care provider's responsibilities or duty of care; and

(ii) does have immunity from liability under Subsection (1)(a) if the health care provider is under no legal

duty to respond and otherwise complies with Subsection (1)(a).

(2) Notwithstanding Sections 58-1-501 , 58-17b-501 , and 58-17b-502 , a health care provider who is

licensed to prescribe or dispense an opiate antagonist may, without a prescriber-patient relationship,

prescribe or dispense an opiate antagonist without liability for any civil damages or acts or omissions

made as a result of prescribing or dispensing an opiate antagonist in good faith, to:

(a) an individual who is at increased risk of experiencing or who is likely to experience an opiate-related

drug overdose event; or

(b) a family member of, friend of, or other person who may be in a position to assist an individual who

may be at increased risk of experiencing or who is likely to experience an opiate-related drug overdose

event.

(3) A person who prescribes or dispenses an opiate antagonist shall provide education to the individual

described in Subsection (2)(a) or (b) that includes instructions to take the person who received the

opiate antagonist to an emergency care facility for a medical evaluation.

Utah Code § 58-17b-507. Opiate antagonist -- Immunity from liability.

(1) A person licensed under this chapter who dispenses an opiate antagonist as defined in Section 26-

55-102 to an individual with a prescription for an opiate antagonist is not liable for any civil damages

resulting from the outcomes that result from the eventual administration of the opiate antagonist to a

person who another person believes is suffering an opiate-related drug overdose as defined in Section

26-55-102 .

(2) The provisions of this section do not establish a duty or standard of care in the prescribing,

dispensing, or administration of an opiate antagonist.

(3) It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to dispense an

opiate antagonist to a person on behalf of another person if the person obtaining the opiate antagonist

has a prescription for the opiate antagonist from a licensed prescriber.

Utah Code § 58-31b-703. Opiate antagonist -- Exclusion from unprofessional or unlawful conduct.

(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies to a licensee under

this chapter.

(2) The prescribing or dispensing of an opiate antagonist as defined in Section 26-55-102 by a licensee

under this chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the

opiate antagonist in a good faith effort to assist:

(a) a person who is at increased risk of experiencing or who is likely to experience an opiate-related drug

overdose event as defined in Section 26-55-102 ; or

(b) a family member of, friend of, or other person who is in a position to assist a person who may be at

increased risk of experiencing or who is likely to experience an opiate-related drug overdose event.

(3) The provisions of this section and Title 26, Chapter 55, Emergency Administration of Opiate

Antagonist Act, do not establish a duty or standard of care in the prescribing, dispensing, or

administration of an opiate antagonist.

Utah Code § 58-67-702. Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies to a licensee under

this chapter.

[same language as § 58-31b-703]

Utah Code § 58-68-702. Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies to a licensee under

this chapter.

[same language as § 58-31b-703]

Utah Code § 58-70a-505. Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies to a licensee under

this chapter.

[same language as § 58-31b-703]

 
 Vermont  

Vermont

Type:Naloxone Administration

ACT075

July 2013



Requires Department of Health to develop and implement a prevention, intervention and response strategy

including educational materials, community-based prevention programs, increase timely access to treatment, the facilitation of overdose prevention, drug treatment and addiction recovery services, and develop a statewide opioid antagonist pilot program.

“(c)(1) A health care professional acting in good faith may directly or by standing order prescribe, dispense, and distribute an opioid antagonist to the following persons, provided the person has been educated about opioid­related overdose prevention and treatment in a manner approved by the Department:

(A)  a person at risk of experiencing an opioid-related overdose; or

(B)  a family member, friend, or other person in a position to assist a

person at risk of experiencing an opioid-related overdose.

(2) A health care professional who prescribes, dispenses, or distributes an opioid antagonist in accordance with subdivision (1) of this subsection shall be immune from civil or criminal liability with regard to the subsequent use of the opioid antagonist, unless the health professional’s actions with regard to prescribing, dispensing, or distributing the opioid antagonist constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed.

(d)(1) A person may administer an opioid antagonist to a victim if he or she believes, in good faith, that the victim is experiencing an opioid-related overdose.

(2)    After a person has administered an opioid antagonist pursuant to subdivision (1) of this subsection (d), he or she shall immediately call for emergency medical services if medical assistance has not yet been sought or is not yet present.

(3)    A person shall be immune from civil or criminal liability for administering an opioid antagonist to a victim pursuant to subdivision (1) of this subsection unless the person’s actions constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed.

(e)    A person acting on behalf of a community-based overdose prevention program shall be immune from civil or criminal liability for providing education on opioid-related overdose prevention or for purchasing, acquiring, distributing, or possessing an opioid antagonist unless the person’s actions constituted recklessness, gross negligence, or intentional misconduct.

(f)     Any health care professional who treats a victim and who has knowledge that the victim has been administered an opioid antagonist within the preceding 30 days shall refer the victim to professional substance abuse treatment services.

To be codified at 18 V.S.A. 4240.

VT S. 295 (2014)

July 1, 20141

(a) The Board of Pharmacy shall adopt protocols or licensed pharmacists to dispense or otherwise

furnish naloxone hydrochloride to patients who do not hold an individual prescription for naloxone

hydrochloride. Such protocols shall be consistent with rules adopted by the Commissioner of

Health.

(b) Notwithstanding any provision of law to the contrary, a licensed pharmacist may dispense naloxone

hydrochloride to any person as long as the pharmacist complies with the protocols adopted

pursuant to subsection (a) of this section.

 Virginia  

Virginia

Type:Naloxone Administration

 

Code Ann. §§ 8.01-225, 54.1-3408

 

July 1, 2013


 A. Any person who: …
11. In good faith and without compensation, administers naloxone in an emergency to an individual who is experiencing or is about to experience a life-threatening opiate overdose shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the rendering of such treatment if such administering person is a participant in a pilot program conducted by the Department of Behavioral Health and
Developmental Services on the administration of naloxone for the purpose of counteracting the effects of opiate overdose.

X. Notwithstanding the provisions of § 54.1-3303 and only for the purpose of participation in pilot programs conducted by the Department of Behavioral Health and Developmental Services, a person may obtain a prescription for a family member or a friend and may possess and administer naloxone for the purpose of counteracting the effects of opiate overdose.

2. That the Department of Behavioral Health and Developmental Services, in cooperation with the Department of Health, the Department of Health Professions, law-enforcement agencies, substance abuse recovery support organizations, and other stakeholders, shall conduct pilot programs on the administration of naloxone to counteract the effects of opiate overdose. The Department of Behavioral Health and Developmental Services shall evaluate, implement, and report results of such pilot programs to the General Assembly by December 1, 2014.”

Washington  

Washington

Type:Naloxone Administration

Rev.Code: §18.130.345

June 10, 2010


“The administering, dispensing, prescribing, purchasing, acquisition, possession, or use of naloxone shall notconstitute unprofessional conduct under chapter 18.130 RCW, or be in violation of any provisions under this chapter, by any practitioner or person, if the unprofessional conduct or violation results from a good faith effort to assist:

(1)  A person experiencing, or likely to experience, an opiate-related overdose; or

A family member, friend, or other person in a position to assist a person experiencing, or likely to experience, an opiate-related overdose

WA Chapter 205 Laws

July 24, 2015

1)(a) A practitioner may prescribe, dispense, distribute, and deliver an opioid overdose medication: (i) Directly to a person at risk of experiencing an opioid-related overdose; or (ii) by collaborative drug therapy agreement, standing order, or protocol to a first responder, family member, or other person or entity in a position to assist a person at risk of experiencing an opioid-related overdose. Any such prescription or protocol order is issued for a legitimate medical purpose in the usual course of professional practice.

(b) At the time of prescribing, dispensing, distributing, or delivering the opioid overdose medication, the practitioner shall inform the recipient that as soon as possible after administration of the opioid overdose medication, the person at risk of experiencing an opioid-related overdose should be transported to a hospital or a first responder should be summoned.

(2) A pharmacist may dispense an opioid overdose medication pursuant to a prescription issued in accordance with this section and may administer an opioid overdose medication to a person at risk of experiencing an opioid-related overdose. At the time of dispensing an opioid overdose medication, a pharmacist shall provide written instructions on the proper response to an opioid-related overdose, including instructions for seeking immediate medical attention. The instructions to seek immediate medication attention must be conspicuously displayed.

(3) Any person or entity may lawfully possess, store, deliver, distribute, or administer an opioid overdose medication pursuant to a prescription or order issued by a practitioner in accordance with this section.

(4) The following individuals, if acting in good faith and with reasonable care, are not subject to criminal or civil liability or disciplinary action under chapter 18.130 RCW for any actions authorized by this section or the outcomes of any actions authorized by this section:

(a)A practitioner who prescribes, dispenses, distributes, or delivers an opioid overdose medication pursuant to subsection (1) of this section;

(b)A pharmacist who dispenses an opioid overdose medication pursuant to subsection (2) of this section;

(c)A person who possesses, stores, distributes, or administers an opioid overdose medication pursuant to subsection (3) of this section.

(5) For purposes of this section, the following terms have the following meanings unless the context clearly requires otherwise:

(a)"First responder" means: (i) A career or volunteer firefighter, law enforcement officer, paramedic as defined in RCW 18.71.200, or first responder or emergency medical technician as defined in RCW 18.73.030; and (ii) an entity that employs or supervises an individual listed in (a)(i) of this subsection, including a volunteer fire department.

(b)"Opioid overdose medication" means any drug used to reverse an opioid overdose that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors. It does not include intentional administration via the intravenous route.

(c)"Opioid-related overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death that: (i) Results from the consumption or use of an opioid or another substance with which an opioid was combined; or (ii) a lay

person would reasonably believe to be an opioid-related overdose requiring medical assistance.

(d)"Practitioner" means a health care practitioner who is authorized under RCW 69.41.030 to prescribe legend drugs.

(e)"Standing order" or "protocol" means written or electronically recorded instructions, prepared by a prescriber, for distribution and administration of a drug by designated and trained staff or volunteers of an organization or entity, as well as other actions and interventions to be used upon the occurrence of clearly defined clinical events in order to improve patients' timely access to treatment.

Wisconsin