1     
OPIATE OVERDOSE RESPONSE ACT -- STANDING

2     
ORDERS AND OTHER AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Eliason

6     
Senate Sponsor: Evan J. Vickers

7     

8     LONG TITLE
9     General Description:
10          This bill renames the Emergency Administration of Opiate Antagonist Act as the
11     Opiate Overdose Response Act, amends the act, and makes related amendments.
12     Highlighted Provisions:
13          This bill:
14          ▸     renames the Emergency Administration of Opiate Antagonist Act as the Opiate
15     Overdose Response Act;
16          ▸     amends definitions;
17          ▸     authorizes the use of a standing prescription drug order issued by a physician to
18     dispense an opioid antagonist; and
19          ▸     makes technical and clarifying changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          26-55-101, as enacted by Laws of Utah 2014, Chapter 130
27          26-55-102, as enacted by Laws of Utah 2014, Chapter 130
28          26-55-104, as enacted by Laws of Utah 2014, Chapter 130
29          58-17b-507, as enacted by Laws of Utah 2014, Chapter 130
30          58-31b-703, as enacted by Laws of Utah 2014, Chapter 130
31          58-67-702, as enacted by Laws of Utah 2014, Chapter 130
32          58-68-702, as enacted by Laws of Utah 2014, Chapter 130
33          58-70a-505, as enacted by Laws of Utah 2014, Chapter 130
34     ENACTS:
35          26-55-105, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 26-55-101 is amended to read:
39     
CHAPTER 55. OPIATE OVERDOSE RESPONSE ACT

40          26-55-101. Title.
41          This chapter is known as the "[Emergency Administration of] Opiate [Antagonist]
42     Overdose Response Act."
43          Section 2. Section 26-55-102 is amended to read:
44          26-55-102. Definitions.
45          As used in this chapter:
46          (1) "Controlled substance" means the same as that term is defined in Title 58, Chapter
47     37, Utah Controlled Substances Act.
48          (2) "Dispense" means the same as that term is defined in Section 58-17b-102.
49          [(1)] (3) "Health care facility" means a hospital, a hospice inpatient residence, a
50     nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides
51     home- and community-based services, a hospice or home health care agency, or another facility
52     that provides or contracts to provide health care services, which facility is licensed under
53     Chapter 21, Health Care Facility Licensing and Inspection Act.
54          [(2)] (4) "Health care provider" means:
55          (a) a physician, as defined in Section 58-67-102;
56          (b) an advanced practice registered nurse, as defined in Subsection 58-31b-102(13); or
57          (c) a physician assistant, as defined in Section 58-70a-102.
58          (5) "Increased risk" means risk exceeding the risk typically experienced by an
59     individual who is not using, and is not likely to use, an opiate.
60          [(3)] (6) "Opiate" [is] means the same as that term is defined in Section 58-37-2.
61          [(4)] (7) "Opiate antagonist" means naloxone hydrochloride or any similarly acting
62     drug that is not a controlled substance and that is approved by the federal Food and Drug
63     Administration for the diagnosis or treatment of [a] an opiate-related drug overdose.
64          [(5)] (8) "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 require medical assistance.
68          (9) "Prescribe" means the same as that term is defined in Section 58-17b-102.
69          Section 3. Section 26-55-104 is amended to read:
70          26-55-104. Prescribing, dispensing, and administering an opiate antagonist --
71     Immunity from liability.
72          (1) (a) Except as provided in Subsection (1)(b), a person other than a health care
73     facility or health care provider [who] that acts in good faith to administer an opiate antagonist
74     to [another person] an individual whom the person believes to be [suffering] experiencing an
75     opiate-related drug overdose event is not liable for any civil damages [or] for acts or omissions
76     made as a result of administering the opiate antagonist.
77          (b) A health care provider:
78          (i) does not have immunity from liability under Subsection (1)(a) when the health care
79     provider is acting within the scope of the health care provider's responsibilities or duty of care;
80     and
81          (ii) does have immunity from liability under Subsection (1)(a) if the health care
82     provider is under no legal duty to respond and otherwise complies with Subsection (1)(a).
83          (2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
84     provider who is licensed to prescribe [or dispense] an opiate antagonist may[, without a
85     prescriber-patient relationship,] prescribe, including by a standing prescription drug order
86     issued in accordance with Subsection 26-55-105(2), or dispense an opiate antagonist [without
87     liability for any civil damages or acts or omissions made as a result of prescribing or dispensing
88     an opiate antagonist in good faith, to]:
89          (a) (i) to an individual who is at increased risk of experiencing [or who is likely to
90     experience] an opiate-related drug overdose event; or
91          [(b)] (ii) to a family member of, friend of, or other [person] individual who [may be] is
92     in a position to assist an individual who [may be] is at increased risk of experiencing [or who is
93     likely to experience] an opiate-related drug overdose event[.];
94          (b) without a prescriber-patient relationship; and
95          (c) without liability for any civil damages for acts or omissions made as a result of
96     prescribing or dispensing the opiate antagonist in good faith.
97          (3) A [person] health care provider who [prescribes or] dispenses an opiate antagonist
98     to an individual under Subsection (2)(a) shall provide education to the individual [described in
99     Subsection (2)(a) or (b)] that includes [instructions to take the person who received]
100     instruction:
101          (a) on the proper administration of the opiate antagonist; and
102          (b) that the individual to whom the opiate antagonist is dispensed should ensure that
103     the individual to whom the opiate antagonist is administered is taken to an emergency care
104     facility for a medical evaluation immediately following administration of the opiate antagonist.
105          Section 4. Section 26-55-105 is enacted to read:
106          26-55-105. Standing prescription drug orders for an opiate antagonist.
107          (1) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed
108     under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an opiate antagonist may
109     dispense the opiate antagonist:
110          (a) pursuant to a standing prescription drug order made in accordance with Subsection
111     (2); and
112          (b) without any other prescription drug order from a person licensed to prescribe an
113     opiate antagonist.
114          (2) A physician who is licensed to prescribe an opiate antagonist, including a physician
115     acting in the physician's capacity as an employee of the department, or a medical director of a
116     local health department, as defined in Section 26A-1-102, may issue a standing prescription
117     drug order authorizing the dispensing of the opiate antagonist under Subsection (1) in
118     accordance with a protocol that:
119          (a) limits dispensing of the opiate antagonist to:
120          (i) an individual who is at increased risk of experiencing an opiate-related drug
121     overdose event; or
122          (ii) a family member of, friend of, or other individual who is in a position to assist an
123     individual who is at increased risk of experiencing an opiate-related drug overdose event;
124          (b) requires the physician to specify the persons, by professional license number,
125     authorized to dispense the opiate antagonist;
126          (c) requires the physician to review at least annually the dispensing practices of those
127     authorized by the physician to dispense the opiate antagonist;
128          (d) requires those authorized by the physician to dispense the opiate antagonist to make
129     and retain a record of each individual to whom the opiate antagonist is dispensed, which shall
130     include:
131          (i) the name of the individual;
132          (ii) the drug dispensed; and
133          (iii) other relevant information; and
134          (e) is approved by the Division of Occupational and Professional Licensing within the
135     Department of Commerce by administrative rule made in accordance with Title 63G, Chapter
136     3, Utah Administrative Rulemaking Act.
137          Section 5. Section 58-17b-507 is amended to read:
138          58-17b-507. Opiate antagonist -- Immunity from liability -- Exclusion from
139     unlawful or unprofessional conduct.
140          (1) As used in this section:
141          (a) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
142          (b) "Opiate-related drug overdose event" means the same as that term is defined in
143     Section 26-55-102.
144          (2) A person licensed under this chapter [who] that dispenses an opiate antagonist [as
145     defined in Section 26-55-102] to an individual with a prescription for an opiate antagonist, or
146     pursuant to a standing prescription drug order issued in accordance with Subsection
147     26-55-105(2), is not liable for any civil damages resulting from the outcomes that result from
148     the eventual administration of the opiate antagonist to [a person] an individual who another
149     [person] individual believes is [suffering] experiencing an opiate-related drug overdose [as
150     defined in Section 26-55-102] event.
151          [(2)] (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose
152     Response Act, do not establish a duty or standard of care in the prescribing, dispensing, or
153     administration of an opiate antagonist.
154          [(3)] (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
155     chapter to dispense an opiate antagonist to [a person] an individual on behalf of another
156     [person] individual if the [person] individual obtaining the opiate antagonist has a prescription
157     for the opiate antagonist from a licensed prescriber or the opiate antagonist is dispensed
158     pursuant to a standing prescription drug order issued in accordance with Subsection
159     26-55-105(2).
160          Section 6. Section 58-31b-703 is amended to read:
161          58-31b-703. Opiate antagonist -- Exclusion from unprofessional or unlawful
162     conduct.
163          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
164     to a licensee under this chapter.]
165          (1) As used in this section:
166          (a) "Dispensing" means the same as that term is defined in Section 58-17b-102.
167          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
168          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
169          (d) "Opiate-related drug overdose event" means the same as that term is defined in
170     Section 26-55-102.
171          (e) "Prescribing" means the same as that term is defined in Section 58-17b-102.
172          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
173     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
174     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
175          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
176     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
177          (b) a family member of, friend of, or other [person] individual who is in a position to
178     assist [a person] an individual who [may be] is at increased risk of experiencing [or who is
179     likely to experience] an opiate-related drug overdose event.
180          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
181     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
182     the prescribing, dispensing, or administration of an opiate antagonist.
183          Section 7. Section 58-67-702 is amended to read:
184          58-67-702. Opiate antagonist -- Exclusion from unlawful or unprofessional
185     conduct.
186          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
187     to a licensee under this chapter.]
188          (1) As used in this section:
189          (a) "Dispensing" means the same as that term is defined in Section 58-17b-102.
190          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
191          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
192          (d) "Opiate-related drug overdose event" means the same as that term is defined in
193     Section 26-55-102.
194          (e) "Prescribing" means the same as that term is defined in Section 58-17b-102.
195          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
196     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
197     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
198          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
199     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
200          (b) a family member of, friend of, or other [person] individual who is in a position to
201     assist [a person] an individual who [may be] is at increased risk of experiencing [or who is
202     likely to experience] an opiate-related drug overdose event.
203          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
204     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
205     the prescribing, dispensing, or administration of an opiate antagonist.
206          Section 8. Section 58-68-702 is amended to read:
207          58-68-702. Opiate antagonist -- Exclusion from unlawful or unprofessional
208     conduct.
209          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
210     to a licensee under this chapter.]
211          (1) As used in this section:
212          (a) "Dispensing" means the same as that term is defined in Section 58-17b-102.
213          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
214          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
215          (d) "Opiate-related drug overdose event" means the same as that term is defined in
216     Section 26-55-102.
217          (e) "Prescribing" means the same as that term is defined in Section 58-17b-102.
218          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
219     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
220     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
221          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
222     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
223          (b) a family member of, friend of, or other [person] individual who is in a position to
224     assist [a person] an individual who [may be] is at increased risk of experiencing [or who is
225     likely to experience] an opiate-related drug overdose event.
226          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
227     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
228     the prescribing, dispensing, or administration of an opiate antagonist.
229          Section 9. Section 58-70a-505 is amended to read:
230          58-70a-505. Opiate antagonist -- Exclusion from unlawful or unprofessional
231     conduct.
232          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
233     to a licensee under this chapter.]
234          (1) As used in this section:
235          (a) "Dispensing" means the same as that term is defined in Section 58-17b-102.
236          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
237          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
238          (d) "Opiate-related drug overdose event" means the same as that term is defined in
239     Section 26-55-102.
240          (e) "Prescribing" means the same as that term is defined in Section 58-17b-102.
241          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
242     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
243     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
244          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
245     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
246          (b) a family member of, friend of, or other [person] individual who is in a position to
247     assist [a person] an individual who [may be] is at increased risk of experiencing [or who is
248     likely to experience] an opiate-related drug overdose event.
249          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
250     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
251     the prescribing, dispensing, or administration of an opiate antagonist.