MontanaSB 50369th Legislature, Regular Session (2025)SenateWALLET

Allow use of expired opioid antagonists

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Schools can stock and use naloxone

The law lets public and private schools keep naloxone on site. A nurse or trained staff may give it to anyone for an actual or reasonably suspected overdose. A doctor, nurse practitioner, or physician assistant must prescribe it to the school, and a licensed pharmacy must fill it. The school must store it securely and easy to reach, train staff, keep a written plan, and call 9-1-1 after use. Parents are told if the school stocks it and may see the protocol. Schools and staff are protected from lawsuits for good-faith use, including expired doses, except for gross negligence or intentional harm.

Legal protection for naloxone use and supply

Prescriptions under this law count as a legitimate medical purpose. Doctors and pharmacists are generally protected from discipline or lawsuits for prescribing or dispensing naloxone, including expired doses. Eligible recipients who distribute naloxone are also protected. Anyone who gives naloxone in good faith to someone they believe is overdosing is protected. These protections do not apply to gross negligence, willful or wanton misconduct, or intentional harm. The law does not create a duty to prescribe, dispense, share, or give naloxone.

Trained people can carry and share naloxone

If you finish the required instruction, you may keep and store naloxone. Your storage does not have to follow pharmacy rules. You may give it, or tell someone else to give it, in good faith for an actual or reasonably suspected overdose. You may give naloxone to another eligible recipient and handle or use expired doses. If the health department requires it, recipients who are dispensed naloxone must report dispensing, sharing, or use information.

Sponsors & Cosponsors

Sponsor

Cora Neumann
Democrat • Senate

Cosponsors

Jodee Etchart
Republican • House

Roll Call Votes

All Roll Calls

Yes: 272 • No: 25

Senate vote • 4/11/2025

Do Concur

Yes: 92 • No: 7

Senate vote • 4/11/2025

Do Concur

Yes: 94 • No: 5

Senate vote • 3/6/2025

Do Pass

Yes: 42 • No: 7