Title 34, PUBLIC HEALTH AND SAFETY

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…

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

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.

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 § 58-18-7.1 . Source: SL 1985, ch 278 , § 58; SL 1989, ch 292 , § 3.

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.

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 , …

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…

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-44 . Sourc…

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…

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.

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 § 34-20A-63 . The administrator of an approved treatment facility or an authorized desig…

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…

A copy of the written application for detainment and a written explanation of the person's right to counsel must be given to the person within twenty - four hours after detainment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel. …

If, after the person detained under § 34-20A-63 completes treatment, the administrator or an authorized designee determines that the grounds for emergency detainment no longer exist, the facility shall discharge the person, unless a petition for involuntary commitment under § 34-…

No person detained under § 34-20A-63 may be detained in any treatment facility for more than five days, excluding Saturdays, Sundays, and legal holidays, except as follows. If a petition for involuntary commitment under § 34-20A-70 has been filed within the five days, excluding S…

Personnel operating accredited treatment facilities who act in compliance with their duties as set forth in this chapter are not criminally or civilly liable therefor. Source: SL 1976, ch 217 , § 1; SL 1985, ch 277 , § 21.

A person may be committed by the circuit court upon the petition of the person's spouse or guardian, a relative, a physician, the administrator of any approved treatment facility, or any other responsible person. Any person applying for commitment shall do so to the circuit court…

In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detenti…

Any application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court must be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapt…

If the person whose commitment is sought is not being detained in a facility under § 34-20A-63 , a request for an examination of the person by a licensed physician or addiction counselor must be filed with the court. The court may order an examination of the person by a licensed …

A petition filed under § 34-20A-70 for a person who is detained under § 34-20A-63 must be accompanied by a certificate of a licensed physician or an addiction counselor who has examined the person within five days before submission of the petition, unless the person has refused t…

Upon filing of a petition under § 34-20A-70 , the court shall fix a date for a hearing no later than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixe…

The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall…

At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician or one addiction counselor who has examined the person whose commitment is sought. Source: SL 1974, ch 240 , § 12 (c); SL 1985, ch 277 , § 25; SL 2…

If the person has refused to be examined by a licensed physician or an addiction counselor, the person shall be given an opportunity to be examined by a court-appointed licensed physician or addiction counselor. If the person refuses, or there is sufficient evidence to believe th…

A licensed physician or addiction counselor appointed by the court to examine and assess a person for the purposes of involuntary commitment shall be paid by the county where the hearing and commitment proceedings take place. The physician or addiction counselor shall be compensa…

If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to any appropriate accredited treatment f…

If it is shown to the satisfaction of the court that a committed person may not at once be admitted to the designated facility, and may not with safety, be allowed to go at liberty, the court shall require that the patient be provided for until admission can be accomplished, or u…