Title 34 — PUBLIC HEALTH AND SAFETY

34-20A-2 Definitions. 34-20A-2.1 Accredited facility deemed approved. 34-20A-2.2 Next of kin--Order of priority. 34-20A-3

For the purposes of §§ 34-20A-98 to 34-20A-103 , inclusive, "first responder" means: (1) A law enforcement officer as defined by § 22-1-2 ; (2) An individual responding to an emergency call as part of an ambulance service licensed pursuant to chapter 34-11 ; or (3) A firefighter.…

Each first responder authorized to administer an opioid antagonist shall be trained in the symptoms of an opiate overdose; the protocols and procedures for administration of an opioid antagonist; the symptoms of adverse responses to an opioid antagonist, and protocols and procedu…

The Board of Medical and Osteopathic Examiners shall promulgate rules, pursuant to chapter 1-26 , establishing: (1) The criteria for training a first responder to comply with the provisions of § 34-20A-101 ; and (2) The requirements for a physician's issuance of a standing order …

A physician who issues a standing order under the rules established pursuant to § 34-20A-102 , a first responder acting under a standing order who administers an opioid antagonist in good faith compliance with the protocols for administering an opioid antagonist, and the first re…

A person who is a family member, friend, or other close third party to a person at risk for an opioid-related drug overdose may be prescribed, possess, distribute, or administer an opioid antagonist that is prescribed, dispensed, or distributed by a licensed health care professio…

A licensed health care professional may, directly or by standing order, prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family member, friend, or other close third party person the health care practitioner reasonabl…

A licensed health care professional may, directly or by standing order, dispense or distribute an opioid antagonist that requires a prescription to an employer. An employer may acquire and make available on the employer's premises an opioid antagonist that requires a prescription…

A health care professional who is authorized to prescribe or dispense an opioid antagonist is not subject to any disciplinary action or civil or criminal liability for the prescribing or dispensing of an opioid antagonist to an employer or a person whom the health care profession…

For the purpose of §§ 34-20A-104 to 34-20A-108 , inclusive, any prescription issued pursuant to §§ 34-20A-104 to 34-20A-108 , inclusive, is deemed to be issued for a legitimate medical purpose in the usual course of professional practice. Source: SL 2016, ch 174 , § 4.

The provisions of §§ 34-20A-104 to 34-20A-108 , inclusive, do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, or administer an opioid antagonist. Source: SL 2016, ch 174 , § 5.

Terms used in §§ 34-20A-110 to 34-20A-113 , inclusive, mean: (1) "Drug-related overdose," 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 con…

34-20A-12 Repealed by SL 2012, ch 150 , §§ 26 to 28. 34-20A-15

No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a pers…

A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that…

Providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided under §§ 34-20A-109 to 34-20A-113 , inclusive. Nothing in §§ 34-20A-109 to 34-20A…

Any person seeking medical assistance or who reports a person is in need of medical assistance shall only qualify once for immunity under §§ 34-20A-109 to 34-20A-112 , inclusive. Source: SL 2017, ch 154 , § 5.

34-20A-16 Repealed by SL 2012, ch 150 , §§ 29, 30. 34-20A-18 Solicitation and acceptance of gifts, grants, and services. 34-20A-19 Repealed by SL 2012, ch 150 , §§ 31 to 35. 34-20A-24

The department may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state or any political subdivision thereof, or any private source, and may do all things necessary…

Terms used in this chapter mean: (1) "Accredited prevention or treatment facility," a private or public agency meeting the standards prescribed in § 34-20A-27 or a private or public agency or facility surveyed and accredited by The Joint Commission; an Indian Health Service's qua…

An accredited prevention or treatment facility as defined in § 34-20A-2 is deemed to be approved by the state for purposes of §

For the purposes of this chapter, the term, next of kin, means, in order of priority stated, the person's: (1) Spouse, if not legally separated; (2) Adult son or daughter; (3) Parent; and (4) Adult brother or sister. Source: SL 2023, ch 117 , § 2. 34-20A-3. Superseded. 34-20A-3.1…

34-20A-25 Repealed by SL 2012, ch 150 , § 36. 34-20A-26

34-20A-26. Repealed by SL 1985, ch 278 , § 23.

34-20A-27 Standards for accredited prevention or treatment facilities--Fees. 34-20A-28 34-20A-28 to 34-20A-31. Repealed by SL 1985, ch 278 , §§ 25 to 28. 34-20A-32 Repealed by SL 2012, ch 150 , § 37. 34-20A-33

The department shall establish reasonable standards and requirements for accredited prevention or treatment facilities. The department may fix the fees to be charged by the department for the required inspections. The department shall promulgate rules, pursuant to chapter 1-26 , …

34-20A-3.1

34-20A-3.2 Repealed by SL 2012, ch 150 , § 22. 34-20A-4 34-20A-4 , 34-20A-5. Superseded. 34-20A-6 Repealed by SL 2012, ch 150 , § 23. 34-20A-7 34-20A-7 , 34-20A-8. Repealed by SL 1985, ch 278 , §§ 5, 6. 34-20A-9 Repealed by SL 2012, ch 150 , §§ 24, 25. 34-20A-11

34-20A-4, 34-20A-5. Superseded.

34-20A-33. Repealed by SL 1985, ch 278 , § 30.

34-20A-34 Real property acquisition and provision of facilities. 34-20A-35 Repealed by SL 2012, ch 150 , §§ 38 to 40. 34-20A-38 34-20A-38 , 34-20A-39. Repealed by SL 1985, ch 278 , §§ 35, 36. 34-20A-40 Repealed. 34-20A-41 34-20A-41 to 34-20A-43. Repealed by SL 1985, ch 278 , §§ 3…

The department may acquire, hold, or dispose of real property or any interest in real property, and construct, lease, or otherwise provide facilities for the prevention of alcohol and drug abuse and facilities for the treatment of those persons suffering from alcohol and drug abu…

Source: SL 1974, ch 240 , § 18; SL 2023, ch 94 , § 19. 34-20A-41 to 34-20A-43. Repealed by SL 1985, ch 278 , §§ 37 to 39.

The department shall inspect accredited prevention or treatment facilities to ensure compliance with this chapter. For purposes of inspection, the department shall have access to the facility and its records at reasonable times and in a reasonable manner. This section does not ap…

The department retains the right of access to all facility premises and relevant records to monitor compliance or investigate complaints brought against an accredited prevention or treatment facility that is not required to be inspected by the department under §

34-20A-46 Repealed by SL 2012, ch 150 , §§ 41 to 43. 34-20A-49

34-20A-50 Application for voluntary treatment by minor or incompetent. 34-20A-51 Determination of admission for treatment--Referral to other facilities. 34-20A-52 34-20A-52 , 34-20A-53. Repealed by SL 1985, ch 278 , §§ 48, 49. 34-20A-54

If a person suffering from alcohol or drug abuse is a minor or an incompetent person, he, a parent, a guardian, or other legal representative may make application to an accredited facility for voluntary treatment. Source: SL 1974, ch 240 , § 9 (a); SL 1985, ch 278 , § 46; SL 1993…

Subject to rules adopted by the department, the administrator in charge of an accredited treatment facility may determine who is admitted for treatment. If a person is refused admission to the facility, the administrator, subject to rules adopted by the department, shall refer th…

34-20A-55 Protective custody of intoxicated or incapacitated person--Emergency detainment. 34-20A-56 Protective custody procedure--Duty of detaining officer--No arrest or record. 34-20A-57 Law enforcement authorities not criminally or civilly liable for protective custody actions…

Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of oneself or others may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is ta…

Any law enforcement officer, in detaining a person pursuant to § 34-20A-55 and in taking the person to an approved treatment facility for emergency detainment, is taking the person into protective custody and shall make every reasonable effort to protect the person's health and s…

Law enforcement authorities who act in compliance with §§ 34-20A-55 , 34-20A-56 , and 34-20A-66 are acting in the course of their official duty and are not criminally or civilly liable therefor. Source: SL 1974, ch 240 , § 10 (g); SL 1986, ch 283 , § 1; SL 2022, ch 108 , § 4. 34-…

34-20A-7, 34-20A-8. Repealed by SL 1985, ch 278 , §§ 5, 6. 34-20A-9 , 34-20A-10. Repealed by SL 2012, ch 150 , §§ 24, 25. 34-20A-11. Repealed by SL 1985, ch 278 , § 9. 34-20A-12 to 34-20A-14. Repealed by SL 2012, ch 150 , §§ 26 to 28. 34-20A-15. Repealed by SL 1985, ch 278 , § 13…

An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person: (1) Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict ph…

Any law enforcement officer, physician, spouse, guardian, or relative of the person to be detained, or any other responsible person, may make a written application for detainment under § 34-20A-63 , directed to the administrator of the approved treatment facility. The application…

If any person taken into protective custody, pursuant to § 34-20A-55 , or under emergency detainment pursuant to § 34-20A-64 , is disruptive beyond the ability of the facility to control the person's behavior, or leaves without staff approval, the facility administrator, or an au…

The administrator of an approved treatment facility or an authorized designee shall refuse an application if the application fails to sustain the grounds for emergency detainment set forth in §

Upon approval of the application by the administrator of the approved treatment facility or an authorized designee, the person shall be retained or brought to the facility by a law enforcement officer or any other interested person. A law enforcement officer must only transport t…

Payment for treatment under emergency detainment, or under protective custody pursuant to § 34-20A-55 if emergency detainment is not required, may be assessed to the individual, to a legally responsible relative or guardian, to the county of residence if indigent, or billed to th…