H.B. 119
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7 LONG TITLE
8 General Description:
9 This bill creates the Emergency Administration of Opiate Antagonist Act.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . permits the dispensing and administration of an opiate antagonist to a person who is
14 reasonably believed to be experiencing an opiate-related drug overdose event;
15 . establishes immunity for the good faith administration of an opiate antagonist;
16 . clarifies that the administration of an opiate antagonist is voluntary and that the act
17 does not establish a duty to administer an opiate antagonist;
18 . clarifies that it is not unlawful or unprofessional conduct for certain health
19 professionals to prescribe an opiate antagonist to:
20 . a person at increased risk of experiencing an opiate-related drug overdose event;
21 or
22 . a family member, friend, or other person in a position to assist a person who is
23 at increased risk of experiencing an opiate-related drug overdose; and
24 . requires a person who prescribes or dispenses an opiate antagonist to advise a
25 person to seek a medical evaluation after experiencing a drug overdose and taking
26 an opiate antagonist.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 ENACTS:
33 26-55-101 , Utah Code Annotated 1953
34 26-55-102 , Utah Code Annotated 1953
35 26-55-103 , Utah Code Annotated 1953
36 26-55-104 , Utah Code Annotated 1953
37 58-17b-507 , Utah Code Annotated 1953
38 58-31b-703 , Utah Code Annotated 1953
39 58-67-702 , Utah Code Annotated 1953
40 58-68-702 , Utah Code Annotated 1953
41 58-70a-505 , Utah Code Annotated 1953
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43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 26-55-101 is enacted to read:
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46 26-55-101. Title.
47 This chapter is known as the "Emergency Administration of Opiate Antagonist Act."
48 Section 2. Section 26-55-102 is enacted to read:
49 26-55-102. Definitions.
50 As used in this chapter:
51 (1) "Health care facility" means a hospital, a hospice inpatient residence, a nursing
52 facility, a dialysis treatment facility, an assisted living residence, an entity that provides home-
53 and community-based services, a hospice or home health care agency, or another facility that
54 provides or contracts to provide health care services, which facility is licensed under Chapter
55 21, Health Care Facility Licensing and Inspection Act.
56 (2) "Health care provider" means:
57 (a) a physician as defined in Section 58-67-102 ;
58 (b) an advanced practice registered nurse as defined in Subsection 58-31b-102 (13); or
59 (c) a physician assistant as defined in Section 58-70a-102 .
60 (3) "Opiate" is as defined in Section 58-37-2 .
61 (4) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that
62 is not a controlled substance and that is approved by the federal Food and Drug Administration
63 for the treatment of a drug overdose.
64 (5) "Opiate-related drug overdose event" means an acute condition, including a
65 decreased level of consciousness or respiratory depression resulting from the consumption or
66 use of a controlled substance, or another substance with which a controlled substance was
67 combined, and that a person would reasonably believe to be an opiate-related drug overdose
68 event that requires medical assistance.
69 Section 3. Section 26-55-103 is enacted to read:
70 26-55-103. Voluntary participation.
71 This chapter does not create a duty or standard of care for a person to prescribe or
72 administer an opiate antagonist.
73 Section 4. Section 26-55-104 is enacted to read:
74 26-55-104. Authority to obtain and use an emergency opiate antagonist --
75 Immunity from liability.
76 (1) A person other than a health care facility or health care provider who acts in good
77 faith to administer an opiate antagonist to another person whom the person believes to be
78 suffering an opiate-related drug overdose event is not liable for any civil damages or acts or
79 omissions made as a result of administering the opiate antagonist.
80 (2) A person who is licensed to prescribe or dispense an opiate antagonist is not liable
81 for any civil damages resulting from prescribing or dispensing an opiate antagonist in good
82 faith to:
83 (a) an individual who is at increased risk of experiencing or who is likely to experience
84 an opiate-related drug overdose event; or
85 (b) a family member, friend, or other person who is in a position to assist the individual
86 who is at increased risk of experiencing or who is likely to experience an opiate-related drug
87 overdose event.
88 (3) A person who prescribes or dispenses an opiate antagonist shall provide education
89 to the individual described in Subsection (2)(a) or (b) that includes instructions to take the
90 person who received the opiate antagonist to the hospital for a medical evaluation.
91 Section 5. Section 58-17b-507 is enacted to read:
92 58-17b-507. Opiate antagonist -- Immunity from liability.
93 (1) A person licensed under this chapter who dispenses an opiate antagonist as defined
94 in Section 26-55-102 to an individual with a prescription for an opiate antagonist is not liable
95 for any civil damages resulting from the outcomes that result from the eventual administration
96 of the opiate antagonist to a person who another person believes is suffering an opiate-related
97 drug overdose as defined in Section 26-55-102 .
98 (2) The provisions of this section do not establish a duty or standard of care in the
99 prescribing, dispensing, or administration of an opiate antagonist.
100 (3) It is not unprofessional conduct or unlawful conduct for a licensee under this
101 chapter to dispense an opiate antagonist to a person on behalf of another person if the person
102 obtaining the opiate antagonist has a prescription for the opiate antagonist from a licensed
103 prescriber.
104 Section 6. Section 58-31b-703 is enacted to read:
105 58-31b-703. Opiate antagonist -- Immunity from liability.
106 (1) The prescribing or dispensing of an opiate antagonist as defined in Section
107 26-55-102 by a licensee under this chapter is not unprofessional or unlawful conduct if the
108 licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
109 (a) a person who is at increased risk of experiencing or who is likely to experience an
110 opiate-related drug overdose event as defined in Section 26-55-102 ; or
111 (b) a family member, friend, or other person who is in a position to assist a person who
112 is at increased risk of experiencing or who is likely to experience an opiate-related drug
113 overdose event.
114 (2) The provisions of this section do not establish a duty or standard of care in the
115 prescribing, dispensing, or administration of an opiate antagonist.
116 Section 7. Section 58-67-702 is enacted to read:
117 58-67-702. Opiate antagonist -- Immunity from liability.
118 (1) The prescribing or dispensing of an opiate antagonist as defined in Section
119 26-55-102 by a licensee under this chapter is not unprofessional or unlawful conduct if the
120 licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
121 (a) a person who is at increased risk of experiencing or who is likely to experience an
122 opiate-related drug overdose event as defined in Section 26-55-102 ; or
123 (b) a family member, friend, or other person who is in a position to assist a person who
124 is at increased risk of experiencing or who is likely to experience an opiate-related drug
125 overdose event.
126 (2) The provisions of this section do not establish a duty or standard of care in the
127 prescribing, dispensing, or administration of an opiate antagonist.
128 Section 8. Section 58-68-702 is enacted to read:
129 58-68-702. Opiate antagonist -- Immunity from liability.
130 (1) The prescribing or dispensing of an opiate antagonist as defined in Section
131 26-55-102 by a licensee under this chapter is not unprofessional or unlawful conduct if the
132 licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
133 (a) a person who is at increased risk of experiencing or who is likely to experience an
134 opiate-related drug overdose event as defined in Section 26-55-102 ; or
135 (b) a family member, friend, or other person who is in a position to assist a person who
136 is at increased risk of experiencing or who is likely to experience an opiate-related drug
137 overdose event.
138 (2) The provisions of this section do not establish a duty or standard of care in the
139 prescribing, dispensing, or administration of an opiate antagonist.
140 Section 9. Section 58-70a-505 is enacted to read:
141 58-70a-505. Opiate antagonist -- Immunity from liability.
142 (1) The prescribing or dispensing of an opiate antagonist as defined in Section
143 26-55-102 by a licensee under this chapter is not unprofessional or unlawful conduct if the
144 licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
145 (a) a person who is at increased risk of experiencing or who is likely to experience an
146 opiate-related drug overdose event as defined in Section 26-55-102 ; or
147 (b) a family member, friend, or other person who is in a position to assist a person who
148 is at increased risk of experiencing or who is likely to experience an opiate-related drug
149 overdose event.
150 (2) The provisions of this section do not establish a duty or standard of care in the
151 prescribing, dispensing, or administration of an opiate antagonist.
Legislative Review Note
as of 2-6-14 8:21 AM