(1) Legislative declaration. The general assembly encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers, for the purpose of saving the lives of people who suffer opioid-related drug overdose events. The general assembly also encourages each person who administers an opioid antagonist to another person to call for emergency medical services immediately.
(2) Definitions. As used in this section, unless the context otherwise requires:(a) Repealed. (b) (I) “Health-care provider” means: (A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112; a physician assistant; or a pharmacist; or (B) A health maintenance organization licensed and conducting business in this state. (II) “Health-care provider” does not include a podiatrist, optometrist, dentist, or veterinarian. (c) “Opioid” has the same meaning as “opiate”, as set forth in section 18-18-102 (21). (d) “Opioid antagonist” has the same meaning as set forth in section 12-30-110 (7)(d). (e) “Opioid-related drug overdose event” means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be an opioid-related drug overdose event; and (III) Requires medical assistance.
(a) Repealed.
(b) (I) “Health-care provider” means: (A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112; a physician assistant; or a pharmacist; or (B) A health maintenance organization licensed and conducting business in this state. (II) “Health-care provider” does not include a podiatrist, optometrist, dentist, or veterinarian.
(I) “Health-care provider” means: (A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112; a physician assistant; or a pharmacist; or (B) A health maintenance organization licensed and conducting business in this state.
(A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112; a physician assistant; or a pharmacist; or
(B) A health maintenance organization licensed and conducting business in this state.
(II) “Health-care provider” does not include a podiatrist, optometrist, dentist, or veterinarian.
(c) “Opioid” has the same meaning as “opiate”, as set forth in section 18-18-102 (21).
(d) “Opioid antagonist” has the same meaning as set forth in section 12-30-110 (7)(d).
(e) “Opioid-related drug overdose event” means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be an opioid-related drug overdose event; and (III) Requires medical assistance.
(I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;
(II) A layperson would reasonably believe to be an opioid-related drug overdose event; and
(III) Requires medical assistance.
(3) General immunity. (a) A person, other than a health-care provider, is not liable for any civil damages if the person acts in good faith to: (I) Furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event; or (II) Distribute the opioid antagonist. (b) This subsection (3) also applies to: (I) An eligible entity described in section 25-1.5-115.1 (1); except that an employee or agent of a school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and(II) A person who acts in good faith to furnish or administer an opioid antagonist in accordance with section 25-20.5-1001.
(a) A person, other than a health-care provider, is not liable for any civil damages if the person acts in good faith to: (I) Furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event; or (II) Distribute the opioid antagonist.
(I) Furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event; or
(II) Distribute the opioid antagonist.
(b) This subsection (3) also applies to: (I) An eligible entity described in section 25-1.5-115.1 (1); except that an employee or agent of a school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and(II) A person who acts in good faith to furnish or administer an opioid antagonist in accordance with section 25-20.5-1001.
(I) An eligible entity described in section 25-1.5-115.1 (1); except that an employee or agent of a school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and
(II) A person who acts in good faith to furnish or administer an opioid antagonist in accordance with section 25-20.5-1001.
(4) Licensed prescribers and dispensers. (a) An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opioid antagonist is not liable for any civil damages resulting from: (I) Prescribing or dispensing an opioid antagonist in accordance with the applicable law; or (II) Any outcomes resulting from the eventual administration of the opioid antagonist by a layperson. (b) Repealed.
(a) An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opioid antagonist is not liable for any civil damages resulting from: (I) Prescribing or dispensing an opioid antagonist in accordance with the applicable law; or (II) Any outcomes resulting from the eventual administration of the opioid antagonist by a layperson.
(I) Prescribing or dispensing an opioid antagonist in accordance with the applicable law; or
(II) Any outcomes resulting from the eventual administration of the opioid antagonist by a layperson.
(b) Repealed.
(5) The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opioid antagonist.