1     
OPIATE OVERDOSE RESPONSE ACT -- PILOT PROGRAM

2     
AND OTHER AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Mike K. McKell

6     
Senate Sponsor: Curtis S. Bramble

7     Cosponsors:
8     Rich Cunningham
Brad King

9     

10     LONG TITLE
11     General Description:
12          This bill renames the Emergency Administration of Opiate Antagonist Act as the
13     Opiate Overdose Response Act, amends the act, and makes related amendments.
14     Highlighted Provisions:
15          This bill:
16          ▸     renames the Emergency Administration of Opiate Antagonist Act as the Opiate
17     Overdose Response Act;
18          ▸     amends definitions;
19          ▸     amends liability provisions;
20          ▸     creates the Opiate Overdose Outreach Pilot Program within the Department of
21     Health;
22          ▸     specifies how money appropriated for the program may be used;
23          ▸     authorizes the department to make grants through the program to persons that are in
24     a position to assist an individual who is at increased risk of experiencing an
25     opiate-related drug overdose event;
26          ▸     specifies how grants may be used;
27          ▸     requires annual reporting by grantees;
28          ▸     requires rulemaking by the department;
29          ▸     requires annual reporting on the program by the department;
30          ▸     designates program funding as nonlapsing; and
31          ▸     makes technical changes.
32     Money Appropriated in this Bill:
33          This bill appropriates:
34          ▸     to Department of Health -- Disease Control and Prevention , as a one-time
35     appropriation:
36               •     from the General Fund, $250,000, for the newly created Opiate Overdose
37     Outreach Pilot Program.
38     Other Special Clauses:
39          This bill provides a coordination clause.
40     Utah Code Sections Affected:
41     AMENDS:
42          26-55-101, as enacted by Laws of Utah 2014, Chapter 130
43          26-55-102, as enacted by Laws of Utah 2014, Chapter 130
44          26-55-104, as enacted by Laws of Utah 2014, Chapter 130
45          58-17b-507, as enacted by Laws of Utah 2014, Chapter 130
46          58-31b-703, as enacted by Laws of Utah 2014, Chapter 130
47          58-67-702, as enacted by Laws of Utah 2014, Chapter 130
48          58-68-702, as enacted by Laws of Utah 2014, Chapter 130
49          58-70a-505, as enacted by Laws of Utah 2014, Chapter 130
50          63J-1-602.1, as last amended by Laws of Utah 2015, Chapters 136 and 180
51     ENACTS:
52          26-55-105, Utah Code Annotated 1953
53     Utah Code Sections Affected by Coordination Clause:
54          26-55-104, as enacted by Laws of Utah 2014, Chapter 130
55          26-55-105, Utah Code Annotated 1953
56          26-55-106, Utah Code Annotated 1953
57          58-17b-507, as enacted by Laws of Utah 2014, Chapter 130
58          58-31b-703, as enacted by Laws of Utah 2014, Chapter 130
59          58-67-702, as enacted by Laws of Utah 2014, Chapter 130
60          58-68-702, as enacted by Laws of Utah 2014, Chapter 130
61          58-70a-505, as enacted by Laws of Utah 2014, Chapter 130
62     

63     Be it enacted by the Legislature of the state of Utah:
64          Section 1. Section 26-55-101 is amended to read:
65     
CHAPTER 55. OPIATE OVERDOSE RESPONSE ACT

66          26-55-101. Title.
67          This chapter is known as the "[Emergency Administration of] Opiate [Antagonist]
68     Overdose Response Act."
69          Section 2. Section 26-55-102 is amended to read:
70          26-55-102. Definitions.
71          As used in this chapter:
72          (1) "Controlled substance" means the same as that term is defined in Title 58, Chapter
73     37, Utah Controlled Substances Act.
74          (2) "Dispense" means the same as that term is defined in Section 58-17b-102.
75          [(1)] (3) "Health care facility" means a hospital, a hospice inpatient residence, a
76     nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides
77     home- and community-based services, a hospice or home health care agency, or another facility
78     that provides or contracts to provide health care services, which facility is licensed under
79     Chapter 21, Health Care Facility Licensing and Inspection Act.
80          [(2)] (4) "Health care provider" means:
81          (a) a physician, as defined in Section 58-67-102;
82          (b) an advanced practice registered nurse, as defined in Subsection 58-31b-102(13); or
83          (c) a physician assistant, as defined in Section 58-70a-102.
84          (5) "Increased risk" means risk exceeding the risk typically experienced by an
85     individual who is not using, and is not likely to use, an opiate.
86          [(3)] (6) "Opiate" [is] means the same as that term is defined in Section 58-37-2.
87          [(4)] (7) "Opiate antagonist" means naloxone hydrochloride or any similarly acting
88     drug that is not a controlled substance and that is approved by the federal Food and Drug
89     Administration for the diagnosis or treatment of [a] an opiate-related drug overdose.
90          [(5)] (8) "Opiate-related drug overdose event" means an acute condition, including a
91     decreased level of consciousness or respiratory depression resulting from the consumption or
92     use of a controlled substance, or another substance with which a controlled substance was
93     combined, and that a person would reasonably believe to require medical assistance.
94          (9) "Prescribe" means the same as that term is defined in Section 58-17b-102.
95          Section 3. Section 26-55-104 is amended to read:
96          26-55-104. Prescribing, dispensing, and administering an opiate antagonist --
97     Immunity from liability.
98          (1) (a) (i) For purposes of Subsection (1)(a)(ii), "a person other than a health care
99     facility or health care provider" includes the following, regardless of whether the person has
100     received funds from the department through the Opiate Overdose Outreach Pilot Program
101     created in Section 26-55-105:
102          (A) a person described in Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F); or
103          (B) an organization defined by department rule made under Subsection
104     26-55-105(7)(e) that is in a position to assist an individual who is at increased risk of
105     experiencing an opiate-related drug overdose event.
106          (ii) Except as provided in Subsection (1)(b), a person other than a health care facility or
107     health care provider [who] that acts in good faith to administer an opiate antagonist to [another
108     person] an individual whom the person believes to be [suffering] experiencing an opiate-related
109     drug overdose event is not liable for any civil damages [or] for acts or omissions made as a
110     result of administering the opiate antagonist.
111          (b) A health care provider:
112          (i) does not have immunity from liability under Subsection (1)(a) when the health care
113     provider is acting within the scope of the health care provider's responsibilities or duty of care;
114     and
115          (ii) does have immunity from liability under Subsection (1)(a) if the health care
116     provider is under no legal duty to respond and otherwise complies with Subsection (1)(a).
117          (2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
118     provider who is licensed to prescribe [or dispense] an opiate antagonist may[, without a
119     prescriber-patient relationship,] prescribe or dispense an opiate antagonist [without liability for
120     any civil damages or acts or omissions made as a result of prescribing or dispensing an opiate
121     antagonist in good faith, to]:
122          (a) (i) to an individual who is at increased risk of experiencing [or who is likely to
123     experience] an opiate-related drug overdose event; or
124          [(b)] (ii) to a family member of, friend of, or other person [who may be], including a
125     person described in Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position
126     to assist an individual who [may be] is at increased risk of experiencing [or who is likely to
127     experience] an opiate-related drug overdose event[.];
128          (b) without a prescriber-patient relationship; and
129          (c) without liability for any civil damages for acts or omissions made as a result of
130     prescribing or dispensing the opiate antagonist in good faith.
131          (3) A [person] health care provider who [prescribes or] dispenses an opiate antagonist
132     to an individual under Subsection (2)(a) shall provide education to the individual [described in
133     Subsection (2)(a) or (b)] that includes [instructions to take the person who received]
134     instruction:
135          (a) on the proper administration of the opiate antagonist; and
136          (b) that the individual to whom the opiate antagonist is dispensed should ensure that
137     the individual to whom the opiate antagonist is administered is taken to an emergency care
138     facility for a medical evaluation immediately following administration of the opiate antagonist.
139          Section 4. Section 26-55-105 is enacted to read:
140          26-55-105. Opiate Overdose Outreach Pilot Program -- Grants -- Annual
141     reporting by grantees -- Rulemaking -- Annual reporting by department.
142          (1) As used in this section:
143          (a) "Persons that are in a position to assist an individual who is at increased risk of
144     experiencing an opiate-related drug overdose event":
145          (i) means the following organizations:
146          (A) a law enforcement agency;
147          (B) the department or a local health department, as defined in Section 26A-1-102;
148          (C) an organization that provides drug or alcohol treatment services;
149          (D) an organization that provides services to the homeless;
150          (E) an organization that provides training on the proper administration of an opiate
151     antagonist in response to an opiate-related drug overdose event;
152          (F) a school; or
153          (G) except as provided in Subsection (1)(a)(ii), any other organization, as defined by
154     department rule made under Subsection (7)(e), that is in a position to assist an individual who
155     is at increased risk of experiencing an opiate-related drug overdose event; and
156          (ii) does not mean:
157          (A) a person licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
158          (B) a health care facility; or
159          (C) an individual.
160          (b) "School" means:
161          (i) a public school:
162          (A) for elementary or secondary education, including a charter school; or
163          (B) for other purposes;
164          (ii) a private school:
165          (A) for elementary or secondary education; or
166          (B) accredited for other purposes, including higher education or specialty training; or
167          (iii) an institution within the state system of higher education, as described in Section
168     53B-1-102.
169          (2) There is created within the department the "Opiate Overdose Outreach Pilot
170     Program."
171          (3) The department may use funds appropriated for the program to:
172          (a) provide grants under Subsection (4);
173          (b) promote public awareness of the signs, symptoms, and risks of opioid misuse and
174     overdose;
175          (c) increase the availability of educational materials and other resources designed to
176     assist individuals at increased risk of opioid overdose, their families, and others in a position to
177     help prevent or respond to an overdose event;
178          (d) increase public awareness of, access to, and use of opiate antagonist;
179          (e) update the department's Utah Clinical Guidelines on Prescribing Opioids and
180     promote its use by prescribers and dispensers of opioids;
181          (f) develop a directory of substance misuse treatment programs and promote its
182     dissemination to and use by opioid prescribers, dispensers, and others in a position to assist
183     individuals at increased risk of opioid overdose;
184          (g) coordinate a multi-agency coalition to address opioid misuse and overdose; and
185          (h) maintain department data collection efforts designed to guide the development of
186     opioid overdose interventions and track their effectiveness.
187          (4) No later than September 1, 2016, and with available funding, the department shall
188     grant funds through the program to persons that are in a position to assist an individual who is
189     at increased risk of experiencing an opiate-related drug overdose event.
190          (5) Funds granted by the program:
191          (a) may be used by a grantee to:
192          (i) pay for the purchase by the grantee of an opiate antagonist; or
193          (ii) pay for the grantee's cost of providing training on the proper administration of an
194     opiate antagonist in response to an opiate-related drug overdose event; and
195          (b) may not be used:
196          (i) to pay for costs associated with the storage or dispensing of an opiate antagonist; or
197          (ii) for any other purposes.
198          (6) Grantees shall report annually to the department on the use of granted funds in
199     accordance with department rules made under Subsection (7)(d).
200          (7) No later than July 1, 2016, the department shall, in accordance with Title 63G,
201     Chapter 3, Utah Administrative Rulemaking Act, make rules specifying:
202          (a) how to apply for a grant from the program;
203          (b) the criteria used by the department to determine whether a grant request is
204     approved, including criteria providing that:
205          (i) grants are awarded to areas of the state, including rural areas, that would benefit
206     most from the grant; and
207          (ii) no more than 15% of the total amount granted by the program is used to pay for
208     grantees' costs of providing training on the proper administration of an opiate antagonist in
209     response to an opiate-related drug overdose event;
210          (c) the criteria used by the department to determine the amount of a grant;
211          (d) the information a grantee shall report annually to the department under Subsection
212     (6), including:
213          (i) the amount of opiate antagonist purchased and dispensed by the grantee during the
214     reporting period;
215          (ii) the number of individuals to whom the opiate antagonist was dispensed by the
216     grantee;
217          (iii) the number of lives known to have been saved during the reporting period as a
218     result of opiate antagonist dispensed by the grantee; and
219          (iv) the manner in which the grantee shall record, preserve, and make available for
220     audit by the department the information described in Subsections (7)(d)(i) through (7)(d)(iii);
221     and
222          (e) as required by Subsection (1)(a)(i)(G), any other organization that is in a position to
223     assist an individual who is at increased risk of experiencing an opiate-related drug overdose
224     event.
225          (8) The department shall report to the Legislature's Social Services Appropriations
226     Subcommittee no later than September 1 of each year on the outcomes of the Opiate Overdose
227     Outreach Pilot Program.
228          Section 5. Section 58-17b-507 is amended to read:
229          58-17b-507. Opiate antagonist -- Immunity from liability -- Exclusion from
230     unlawful or unprofessional conduct.
231          (1) As used in this section:
232          (a) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
233          (b) "Opiate-related drug overdose event" means the same as that term is defined in
234     Section 26-55-102.
235          [(1)] (2) A person licensed under this chapter [who] that dispenses an opiate antagonist
236     [as defined in Section 26-55-102] to an individual with a prescription for an opiate antagonist
237     is not liable for any civil damages resulting from the outcomes [that result from] of the
238     eventual administration of the opiate antagonist to [a person] an individual who another
239     [person] individual believes is [suffering] experiencing an opiate-related drug overdose [as
240     defined in Section 26-55-102] event.
241          [(2)] (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose
242     Response Act, do not establish a duty or standard of care in the prescribing, dispensing, or
243     administration of an opiate antagonist.
244          [(3)] (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
245     chapter to dispense an opiate antagonist to a person, including a person described in
246     Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F), on behalf of [another person] an
247     individual if the person obtaining the opiate antagonist has a prescription for the opiate
248     antagonist from a licensed prescriber.
249          Section 6. Section 58-31b-703 is amended to read:
250          58-31b-703. Opiate antagonist -- Exclusion from unprofessional or unlawful
251     conduct.
252          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
253     to a licensee under this chapter.]
254          (1) As used in this section:
255          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
256          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
257          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
258          (d) "Opiate-related drug overdose event" means the same as that term is defined in
259     Section 26-55-102.
260          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
261          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
262     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
263     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
264          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
265     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
266          (b) a family member of, friend of, or other person [who], including a person described
267     in Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist [a
268     person] an individual who [may be] is at increased risk of experiencing [or who is likely to
269     experience] an opiate-related drug overdose event.
270          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
271     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
272     the prescribing, dispensing, or administration of an opiate antagonist.
273          Section 7. Section 58-67-702 is amended to read:
274          58-67-702. Opiate antagonist -- Exclusion from unlawful or unprofessional
275     conduct.
276          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
277     to a licensee under this chapter.]
278          (1) As used in this section:
279          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
280          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
281          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
282          (d) "Opiate-related drug overdose event" means the same as that term is defined in
283     Section 26-55-102.
284          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
285          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
286     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
287     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
288          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
289     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
290          (b) a family member of, friend of, or other person [who], including a person described
291     in Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist [a
292     person] an individual who [may be] is at increased risk of experiencing [or who is likely to
293     experience] an opiate-related drug overdose event.
294          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
295     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
296     the prescribing, dispensing, or administration of an opiate antagonist.
297          Section 8. Section 58-68-702 is amended to read:
298          58-68-702. Opiate antagonist -- Exclusion from unlawful or unprofessional
299     conduct.
300          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
301     to a licensee under this chapter.]
302          (1) As used in this section:
303          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
304          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
305          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
306          (d) "Opiate-related drug overdose event" means the same as that term is defined in
307     Section 26-55-102.
308          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
309          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
310     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
311     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
312          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
313     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
314          (b) a family member of, friend of, or other person [who], including a person described
315     in Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist [a
316     person] an individual who [may be] is at increased risk of experiencing [or who is likely to
317     experience] an opiate-related drug overdose event.
318          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
319     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
320     the prescribing, dispensing, or administration of an opiate antagonist.
321          Section 9. Section 58-70a-505 is amended to read:
322          58-70a-505. Opiate antagonist -- Exclusion from unlawful or unprofessional
323     conduct.
324          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
325     to a licensee under this chapter.]
326          (1) As used in this section:
327          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
328          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
329          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
330          (d) "Opiate-related drug overdose event" means the same as that term is defined in
331     Section 26-55-102.
332          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
333          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
334     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
335     licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
336          (a) [a person] an individual who is at increased risk of experiencing [or who is likely to
337     experience] an opiate-related drug overdose event [as defined in Section 26-55-102]; or
338          (b) a family member of, friend of, or other person [who], including a person described
339     in Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist [a
340     person] an individual who [may be] is at increased risk of experiencing [or who is likely to
341     experience] an opiate-related drug overdose event.
342          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
343     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
344     the prescribing, dispensing, or administration of an opiate antagonist.
345          Section 10. Section 63J-1-602.1 is amended to read:
346          63J-1-602.1. List of nonlapsing accounts and funds -- General authority and Title
347     1 through Title 30.
348          (1) Appropriations made to the Legislature and its committees.
349          (2) The Percent-for-Art Program created in Section 9-6-404.
350          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
351     Section 9-18-102.
352          (4) The LeRay McAllister Critical Land Conservation Program created in Section
353     11-38-301.
354          (5) An appropriation made to the Division of Wildlife Resources for the appraisal and
355     purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6.
356          (6) Award money under the State Asset Forfeiture Grant Program, as provided under
357     Section 24-4-117.
358          (7) Funds collected from the program fund for local health department expenses
359     incurred in responding to a local health emergency under Section 26-1-38.
360          (8) Funds collected from the emergency medical services grant program, as provided in
361     Section 26-8a-207.
362          (9) The Prostate Cancer Support Restricted Account created in Section 26-21a-303.
363          (10) State funds appropriated for matching federal funds in the Children's Health
364     Insurance Program as provided in Section 26-40-108.
365          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
366     26-46-102.
367          (12) The primary care grant program created in Section 26-10b-102.
368          (13) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
369          (14) The Opiate Overdose Outreach Pilot Program created in Section 26-55-105.
370          Section 11. Appropriation.
371          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
372     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
373     are appropriated from resources not otherwise appropriated, or reduced from amounts
374     previously appropriated, out of the funds or amounts indicated. These sums of money are in
375     addition to amounts previously appropriated for fiscal year 2017.
376          Item 1. To Department of Health - Disease Control and Prevention
377               From General Fund, One-time
$250,000

378                    Schedule of Programs:
379                    Opiate Overdose Outreach Pilot Program          $250,000
380          Section 12. Coordinating H.B. 192 with H.B. 240 -- Substantive and technical
381     amendments.
382          If this H.B. 192 and H.B. 240, Opiate Overdose Response Act -- Standing Orders and
383     Other Amendments, both pass and become law, it is the intent of the Legislature that the Office
384     of Legislative Research and General Counsel shall prepare the Utah Code database for
385     publication by:
386          (1) renumbering Section 26-55-105 enacted in H.B. 192 to Section 26-55-106 and
387     renumbering cross references accordingly;
388          (2) modifying Subsection 26-55-104(2) to read:
389          "(2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
390     provider who is licensed to prescribe an opiate antagonist may prescribe, including by a
391     standing prescription drug order issued in accordance with Subsection 26-55-105(2), or
392     dispense an opiate antagonist:
393          (a) (i) to an individual who is at increased risk of experiencing an opiate-related drug
394     overdose event; or
395          (ii) to a family member of, friend of, or other person, including a person described in
396     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
397     individual who is at increased risk of experiencing an opiate-related drug overdose event;
398          (b) without a prescriber-patient relationship; and
399          (c) without liability for any civil damages for acts or omissions made as a result of
400     prescribing or dispensing the opiate antagonist in good faith.";
401          (3) modifying Section 26-55-105 enacted in H.B. 240, to read:
402          "26-55-105. Standing prescription drug orders for an opiate antagonist.
403          (1) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed
404     under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an opiate antagonist may
405     dispense the opiate antagonist:
406          (a) pursuant to a standing prescription drug order made in accordance with Subsection
407     (2); and
408          (b) without any other prescription drug order from a person licensed to prescribe an
409     opiate antagonist.
410          (2) A physician who is licensed to prescribe an opiate antagonist, including a physician
411     acting in the physician's capacity as an employee of the department, or a medical director of a
412     local health department, as defined in Section 26A-1-102, may issue a standing prescription
413     drug order authorizing the dispensing of the opiate antagonist under Subsection (1) in
414     accordance with a protocol that:
415          (a) limits dispensing of the opiate antagonist to:
416          (i) an individual who is at increased risk of experiencing an opiate-related drug
417     overdose event; or
418          (ii) a family member of, friend of, or other person, including a person described in
419     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
420     individual who is at increased risk of experiencing an opiate-related drug overdose event;
421          (b) requires the physician to specify the persons, by professional license number,
422     authorized to dispense the opiate antagonist;
423          (c) requires the physician to review at least annually the dispensing practices of those
424     authorized by the physician to dispense the opiate antagonist;
425          (d) requires those authorized by the physician to dispense the opiate antagonist to make
426     and retain a record of each person to whom the opiate antagonist is dispensed, which shall
427     include:
428          (i) the name of the person;
429          (ii) the drug dispensed; and
430          (iii) other relevant information; and
431          (e) is approved by the Division of Occupational and Professional Licensing within the
432     Department of Commerce by administrative rule made in accordance with Title 63G, Chapter
433     3, Utah Administrative Rulemaking Act.";
434          (4) modifying Section 58-17b-507 to read:
435          "(1) As used in this section:
436          (a) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
437          (b) "Opiate-related drug overdose event" means the same as that term is defined in
438     Section 26-55-102.
439          (2) A person licensed under this chapter that dispenses an opiate antagonist to an
440     individual with a prescription for an opiate antagonist, or pursuant to a standing prescription
441     drug order issued in accordance with Subsection 26-55-105(2), is not liable for any civil
442     damages resulting from the outcomes of the eventual administration of the opiate antagonist to
443     an individual who another individual believes is experiencing an opiate-related drug overdose
444     event.
445          (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose Response
446     Act, do not establish a duty or standard of care in the prescribing, dispensing, or administration
447     of an opiate antagonist.
448          (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
449     chapter to dispense an opiate antagonist to a person, including a person described in
450     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), on behalf of an individual if the person
451     obtaining the opiate antagonist has a prescription for the opiate antagonist from a licensed
452     prescriber or the opiate antagonist is dispensed pursuant to a standing prescription drug order
453     issued in accordance with Subsection 26-55-102(2).";
454          (5) modifying Subsections 58-31b-703(1)(a), 58-67-702(1)(a), 58-68-702(1)(a), and
455     58-70a-505(1)(a) to read:
456          "(a) "Dispense" means the same as that term is defined in Section 58-17b-102.";
457          (6) modifying Subsections 58-31b-703(1)(e), 58-67-702(1)(e), 58-68-702(1)(e), and
458     58-70a-505(1)(e) to read:
459          "(e) "Prescribe" means the same as that term is defined in Section 58-17b-102.";
460          (7) modifying Subsection 58-31b-703(2) to read:
461          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
462     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
463     opiate antagonist in a good faith effort to assist:
464          (a) an individual who is at increased risk of experiencing an opiate-related drug
465     overdose event; or
466          (b) a family member of, friend of, or other person, including a person described in
467     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
468     individual who is at increased risk of experiencing an opiate-related drug overdose event.";
469          (8) modifying Subsection 58-67-702(2) to read:
470          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
471     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
472     opiate antagonist in a good faith effort to assist:
473          (a) an individual who is at increased risk of experiencing an opiate-related drug
474     overdose event; or
475          (b) a family member of, friend of, or other person, including a person described in
476     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
477     individual who is at increased risk of experiencing an opiate-related drug overdose event.";
478          (9) modifying Subsection 58-68-702(2) to read:
479          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
480     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
481     opiate antagonist:
482          (a) in a good faith effort to assist an individual who is at increased risk of experiencing
483     an opiate-related drug overdose event; or
484          (b) a family member of, friend of, or other person, including a person described in
485     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
486     individual who is at increased risk of experiencing an opiate-related drug overdose event."; and
487          (10) modifying Subsection 58-70a-505(2) to read:
488          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
489     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
490     opiate antagonist in a good faith effort to assist:
491          (a) an individual who is at increased risk of experiencing an opiate-related drug
492     overdose event; or
493          (b) a family member of, friend of, or other person, including a person described in
494     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
495     individual who is at increased risk of experiencing an opiate-related drug overdose event.".