Senator Brian E. Shiozawa proposes the following substitute bill:


1     
OPIATE OVERDOSE RESPONSE ACT -- OVERDOSE

2     
OUTREACH PROVIDERS AND OTHER AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Carol Spackman Moss

6     
Senate Sponsor: Brian E. Shiozawa

7     Cosponsors:
8     Patrice M. Arent
9     Rebecca Chavez-Houck
10     Lynn N. Hemingway
Sandra Hollins
Brad King
Mike K. McKell
Derrin Owens
Marie H. Poulson
Edward H. Redd
Mark A. Wheatley
11     

12     LONG TITLE
13     General Description:
14          This bill renames the Emergency Administration of Opiate Antagonist Act as the
15     Opiate Overdose Response Act, amends the act, and makes related amendments.
16     Highlighted Provisions:
17          This bill:
18          ▸     renames the Emergency Administration of Opiate Antagonist Act as the Opiate
19     Overdose Response Act;
20          ▸     amends definitions;
21          ▸     amends civil liability provisions;
22          ▸     authorizes an overdose outreach provider to furnish an opiate antagonist without
23     civil liability;
24          ▸     requires an overdose outreach provider to furnish instruction on how to recognize
25     and respond appropriately to an opiate-related drug overdose event;
26          ▸     exempts an overdose outreach provider from licensure under the Pharmacy Practice
27     Act;
28          ▸     specifies that the prescribing or dispensing of an opiate antagonist by a dentist is not
29     unprofessional or unlawful conduct; and
30          ▸     makes technical changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          This bill provides coordination clauses.
35     Utah Code Sections Affected:
36     AMENDS:
37          26-55-101, as enacted by Laws of Utah 2014, Chapter 130
38          26-55-102, as enacted by Laws of Utah 2014, Chapter 130
39          26-55-104, as enacted by Laws of Utah 2014, Chapter 130
40          58-17b-309, as last amended by Laws of Utah 2015, Chapter 206
41          58-17b-507, as enacted by Laws of Utah 2014, Chapter 130
42          58-31b-703, as enacted by Laws of Utah 2014, Chapter 130
43          58-67-702, as enacted by Laws of Utah 2014, Chapter 130
44          58-68-702, as enacted by Laws of Utah 2014, Chapter 130
45          58-70a-505, as enacted by Laws of Utah 2014, Chapter 130
46     ENACTS:
47          26-55-105, Utah Code Annotated 1953
48          58-69-702, Utah Code Annotated 1953
49     Utah Code Sections Affected by Coordination Clause:
50          26-55-104, as enacted by Laws of Utah 2014, Chapter 130
51          26-55-105, Utah Code Annotated 1953
52          26-55-106, Utah Code Annotated 1953
53          26-55-107, Utah Code Annotated 1953
54          58-17b-507, as enacted by Laws of Utah 2014, Chapter 130
55          58-31b-703, as enacted by Laws of Utah 2014, Chapter 130
56          58-67-702, as enacted by Laws of Utah 2014, Chapter 130
57          58-68-702, as enacted by Laws of Utah 2014, Chapter 130
58          58-69-702, Utah Code Annotated 1953
59          58-70a-505, as enacted by Laws of Utah 2014, Chapter 130
60     

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

64          26-55-101. Title.
65          This chapter is known as the "[Emergency Administration of] Opiate [Antagonist]
66     Overdose Response Act."
67          Section 2. Section 26-55-102 is amended to read:
68          26-55-102. Definitions.
69          As used in this chapter:
70          (1) "Controlled substance" means the same as that term is defined in Title 58, Chapter
71     37, Utah Controlled Substances Act.
72          (2) "Dispense" means the same as that term is defined in Section 58-17b-102.
73          [(1)] (3) "Health care facility" means a hospital, a hospice inpatient residence, a
74     nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides
75     home- and community-based services, a hospice or home health care agency, or another facility
76     that provides or contracts to provide health care services, which facility is licensed under
77     Chapter 21, Health Care Facility Licensing and Inspection Act.
78          [(2)] (4) "Health care provider" means:
79          (a) a physician, as defined in Section 58-67-102;
80          (b) an advanced practice registered nurse, as defined in Subsection 58-31b-102(13);
81     [or]
82          (c) a physician assistant, as defined in Section 58-70a-102; or
83          (d) an individual licensed to engage in the practice of dentistry, as defined in Section
84     58-69-102.
85          (5) "Increased risk" means risk exceeding the risk typically experienced by an
86     individual who is not using, and is not likely to use, an opiate;
87          (6) "Local health department" means:
88          (a) a local health department, as defined in Section 26A-1-102; or
89          (b) a multicounty local health department, as defined in Section 26A-1-102.
90          [(3)] (7) "Opiate" [is as] means the same as that term is defined in Section 58-37-2.
91          [(4)] (8) "Opiate antagonist" means naloxone hydrochloride or any similarly acting
92     drug that is not a controlled substance and that is approved by the federal Food and Drug
93     Administration for the diagnosis or treatment of [a] an opiate-related drug overdose.
94          [(5)] (9) "Opiate-related drug overdose event" means an acute condition, including a
95     decreased level of consciousness or respiratory depression resulting from the consumption or
96     use of a controlled substance, or another substance with which a controlled substance was
97     combined, and that a person would reasonably believe to require medical assistance.
98          (10) "Overdose outreach provider" means:
99          (a) a law enforcement agency;
100          (b) a fire department;
101          (c) an emergency medical service provider, as defined in Section 26-8a-102;
102          (d) emergency medical service personnel, as defined in Section 26-8a-102;
103          (e) an organization providing treatment or recovery services for drug or alcohol use;
104          (f) an organization providing support services for an individual, or a family of an
105     individual, with a substance use disorder;
106          (g) an organization providing substance use or mental health services under contract
107     with a local substance abuse authority, as defined in Section 62A-15-102, or a local mental
108     health authority, as defined in Section 62A-15-102;
109          (h) an organization providing services to the homeless;
110          (i) a local health department; or
111          (j) an individual.
112          (11) "Patient counseling" means the same as that term is defined in Section
113     58-17b-102.
114          (12) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
115          (13) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.
116          (14) "Prescribe" means the same as that term is defined in Section 58-17b-102.
117          Section 3. Section 26-55-104 is amended to read:
118          26-55-104. Prescribing, dispensing, and administering an opiate antagonist --
119     Immunity from liability.
120          (1) (a) Except as provided in Subsection (1)(b), a person [other than], including an
121     overdose outreach provider, but not including a health care facility or health care provider,
122     [who] that acts in good faith to administer an opiate antagonist to [another person] an
123     individual whom the person believes to be [suffering] experiencing an opiate-related drug
124     overdose event is not liable for any civil damages [or] for acts or omissions made as a result of
125     administering the opiate antagonist.
126          (b) A health care provider:
127          (i) does not have immunity from liability under Subsection (1)(a) when the health care
128     provider is acting within the scope of the health care provider's responsibilities or duty of care;
129     and
130          (ii) does have immunity from liability under Subsection (1)(a) if the health care
131     provider is under no legal duty to respond and otherwise complies with Subsection (1)(a).
132          (2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
133     provider who is licensed to prescribe [or dispense] an opiate antagonist may[, without a
134     prescriber-patient relationship,] prescribe or dispense an opiate antagonist [without liability for
135     any civil damages or acts or omissions made as a result of prescribing or dispensing an opiate
136     antagonist in good faith, to]:
137          (a) (i) to an individual who is at increased risk of experiencing [or who is likely to
138     experience] an opiate-related drug overdose event; [or]
139          [(b)] (ii) to a family member of, friend of, or other [person] individual who [may be] is
140     in a position to assist an individual who [may be] is at increased risk of experiencing [or who is
141     likely to experience] an opiate-related drug overdose event; or
142          (iii) to an overdose outreach provider for:
143          (A) furnishing to an individual under Subsection (2)(a)(i) or (2)(a)(ii), as provided in
144     Section 26-55-105; or
145          (B) administering to an individual experiencing an opiate-related drug overdose event;
146          (b) without a prescriber-patient relationship; and
147          (c) without liability for any civil damages for acts or omissions made as a result of
148     prescribing or dispensing the opiate antagonist in good faith.
149          (3) A [person] health care provider who [prescribes or] dispenses an opiate antagonist
150     to an individual or an overdose outreach provider under Subsection (2)(a) shall provide
151     education to the individual [described in Subsection (2)(a) or (b)] or overdose provider that
152     includes [instructions to take the person who received the opiate antagonist to an emergency
153     care facility for a medical evaluation.] written instruction on how to:
154          (a) recognize an opiate-related drug overdose event; and
155          (b) respond appropriately to an opiate-related drug overdose event, including how to:
156          (i) administer an opiate antagonist; and
157          (ii) ensure that an individual to whom an opiate antagonist has been administered
158     receives, as soon as possible, additional medical care and a medical evaluation.
159          Section 4. Section 26-55-105 is enacted to read:
160          26-55-105. Overdose outreach providers.
161          Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502:
162          (1) an overdose outreach provider may:
163          (a) obtain an opiate antagonist dispensed on prescription by:
164          (i) a health care provider, in accordance with Subsections 26-55-104(2) and (3); or
165          (ii) a pharmacist or pharmacy intern, as otherwise authorized by Title 58, Chapter 17b,
166     Pharmacy Practice Act;
167          (b) store the opiate antagonist; and
168          (c) furnish the opiate antagonist:
169          (i) (A) to an individual who is at increased risk of experiencing an opiate-related drug
170     overdose event; or
171          (B) to a family member of, friend of, or other individual who is in a position to assist
172     an individual who is at increased risk of experiencing an opiate-related drug overdose event;
173     and
174          (ii) without liability for any civil damages for acts or omissions made as a result of
175     furnishing the opiate antagonist in good faith; and
176          (2) when furnishing an opiate antagonist under Subsection (1), an overdose outreach
177     provider:
178          (a) shall also furnish to the recipient of the opiate antagonist:
179          (i) the written instruction under Subsection 26-55-104(3) received by the overdose
180     outreach provider from the health care provider at the time the opiate antagonist was dispensed
181     to the overdose outreach provider; or
182          (ii) if the opiate antagonist was dispensed to the overdose outreach provider by a
183     pharmacist or pharmacy intern, any written patient counseling under Section 58-17b-613
184     received by the overdose outreach provider at the time of dispensing; and
185          (b) may provide additional instruction on how to recognize and respond appropriately
186     to an opiate-related drug overdose event.
187          Section 5. Section 58-17b-309 is amended to read:
188          58-17b-309. Exemptions from licensure.
189          In addition to the exemptions from licensure in Section 58-1-307, the following
190     individuals may engage in the acts or practices described in this section without being licensed
191     under this chapter:
192          (1) a person selling or providing contact lenses in accordance with Section 58-16a-801;
193     [and]
194          (2) an animal shelter that:
195          (a) under the indirect supervision of a veterinarian, stores, handles, or administers a
196     drug used for euthanising an animal; and
197          (b) under the indirect supervision of a veterinarian who is under contract with the
198     animal shelter, stores, handles, or administers a rabies vaccine; and
199          (3) an overdose outreach provider, as defined in Section 26-55-102, that obtains,
200     stores, or furnishes an opiate antagonist in accordance with Title 26, Chapter 55, Opiate
201     Overdose Response Act.
202          Section 6. Section 58-17b-507 is amended to read:
203          58-17b-507. Opiate antagonist -- Immunity from liability -- Exclusion from
204     unlawful or unprofessional conduct.
205          (1) As used in this section:
206          (a) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
207          (b) "Opiate-related drug overdose event" means the same as that term is defined in
208     Section 26-55-102.
209          (2) A person licensed under this chapter [who] that dispenses an opiate antagonist [as
210     defined in Section 26-55-102] to an individual with a prescription for an opiate antagonist, or
211     to an overdose outreach provider with a prescription for an opiate antagonist, is not liable for
212     any civil damages resulting from the outcomes [that result from] of the eventual administration
213     of the opiate antagonist to [a person] an individual who another [person] individual believes is
214     [suffering] experiencing an opiate-related drug overdose [as defined in Section 26-55-102]
215     event.
216          [(2)] (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose
217     Response Act, do not establish a duty or standard of care in the prescribing, dispensing, or
218     administration of an opiate antagonist.
219          [(3)] (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
220     chapter to dispense an opiate antagonist to [a person] an individual on behalf of another
221     [person] individual if the [person] individual obtaining the opiate antagonist has a prescription
222     for the opiate antagonist from a licensed prescriber.
223          (5) It is not unprofessional conduct or unlawful conduct for a licensee under this
224     chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose
225     outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued
226     pursuant to Subsection 26-55-104(2)(a)(iii).
227          Section 7. Section 58-31b-703 is amended to read:
228          58-31b-703. Opiate antagonist -- Exclusion from unprofessional or unlawful
229     conduct.
230          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
231     to a licensee under this chapter.]
232          (1) As used in this section:
233          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
234          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
235          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
236          (d) "Opiate-related drug overdose event" means the same as that term is defined in
237     Section 26-55-102.
238          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
239          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
240     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
241     licensee prescribed or dispensed the opiate antagonist:
242          (a) in a good faith effort to assist:
243          [(a) a person] (i) an individual who is at increased risk of experiencing [or who is
244     likely to experience] an opiate-related drug overdose event [as defined in Section 26-55-102];
245     or
246          [(b)] (ii) a family member of, friend of, or other [person] individual who is in a
247     position to assist [a person] an individual who [may be] is at increased risk of experiencing [or
248     who is likely to experience] an opiate-related drug overdose event; or
249          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).
250          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
251     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
252     the prescribing, dispensing, or administration of an opiate antagonist.
253          Section 8. Section 58-67-702 is amended to read:
254          58-67-702. Opiate antagonist -- Exclusion from unlawful or unprofessional
255     conduct.
256          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
257     to a licensee under this chapter.]
258          (1) As used in this section:
259          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
260          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
261          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
262          (d) "Opiate-related drug overdose event" means the same as that term is defined in
263     Section 26-55-102.
264          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
265          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
266     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
267     licensee prescribed or dispensed the opiate antagonist:
268          (a) in a good faith effort to assist:
269          [(a) a person] (i) an individual who is at increased risk of experiencing [or who is
270     likely to experience] an opiate-related drug overdose event [as defined in Section 26-55-102];
271     or
272          [(b)] (ii) a family member of, friend of, or other [person] individual who is in a
273     position to assist [a person] an individual who [may be] is at increased risk of experiencing [or
274     who is likely to experience] an opiate-related drug overdose event; or
275          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).
276          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
277     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
278     the prescribing, dispensing, or administration of an opiate antagonist.
279          Section 9. Section 58-68-702 is amended to read:
280          58-68-702. Opiate antagonist -- Exclusion from unlawful or unprofessional
281     conduct.
282          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
283     to a licensee under this chapter.]
284          (1) As used in this section:
285          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
286          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
287          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
288          (d) "Opiate-related drug overdose event" means the same as that term is defined in
289     Section 26-55-102.
290          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
291          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
292     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
293     licensee prescribed or dispensed the opiate antagonist:
294          (a) in a good faith effort to assist:
295          [(a) a person] (i) an individual who is at increased risk of experiencing [or who is
296     likely to experience] an opiate-related drug overdose event [as defined in Section 26-55-102];
297     or
298          [(b)] (ii) a family member of, friend of, or other [person] individual who is in a
299     position to assist [a person] an individual who [may be] is at increased risk of experiencing [or
300     who is likely to experience] an opiate-related drug overdose event; or
301          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).
302          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
303     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
304     the prescribing, dispensing, or administration of an opiate antagonist.
305          Section 10. Section 58-69-702 is enacted to read:
306          58-69-702. Opiate antagonist -- Exclusion from unlawful or unprofessional
307     conduct.
308          (1) As used in this section:
309          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
310          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
311          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
312          (d) "Opiate-related drug overdose event" means the same as that term is defined in
313     Section 26-55-102.
314          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
315          (2) The prescribing or dispensing of an opiate antagonist by an individual licensed
316     under this chapter to engage in the practice of dentistry is not unprofessional or unlawful
317     conduct if the licensee prescribed or dispensed the opiate antagonist:
318          (a) in a good faith effort to assist:
319          (i) an individual who is at increased risk of experiencing an opiate-related drug
320     overdose event; or
321          (ii) a family member of, friend of, or other individual who is in a position to assist an
322     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
323          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).
324          (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose Response
325     Act, do not establish a duty or standard of care in the prescribing, dispensing, or administration
326     of an opiate antagonist.
327          Section 11. Section 58-70a-505 is amended to read:
328          58-70a-505. Opiate antagonist -- Exclusion from unlawful or unprofessional
329     conduct.
330          [(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
331     to a licensee under this chapter.]
332          (1) As used in this section:
333          (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
334          (b) "Increased risk" means the same as that term is defined in Section 26-55-102.
335          (c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
336          (d) "Opiate-related drug overdose event" means the same as that term is defined in
337     Section 26-55-102.
338          (e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
339          (2) The prescribing or dispensing of an opiate antagonist [as defined in Section
340     26-55-102] by a licensee under this chapter is not unprofessional or unlawful conduct if the
341     licensee prescribed or dispensed the opiate antagonist:
342          (a) in a good faith effort to assist:
343          [(a) a person] (i) an individual who is at increased risk of experiencing [or who is
344     likely to experience] an opiate-related drug overdose event [as defined in Section 26-55-102];
345     or
346          [(b)] (ii) a family member of, friend of, or other [person] individual who is in a
347     position to assist [a person] an individual who [may be] is at increased risk of experiencing [or
348     who is likely to experience] an opiate-related drug overdose event; or
349          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).
350          (3) The provisions of this section and Title 26, Chapter 55, [Emergency Administration
351     of] Opiate [Antagonist] Overdose Response Act, do not establish a duty or standard of care in
352     the prescribing, dispensing, or administration of an opiate antagonist.
353          Section 12. Coordinating H.B. 238 with H.B. 240 -- Substantive and technical
354     amendments.
355          If this H.B. 238 and H.B. 240, Opiate Overdose Response Act -- Standing Orders and
356     Other Amendments, both pass and become law, it is the intent of the Legislature that the Office
357     of Legislative Research and General Counsel prepare the Utah Code database for publication
358     by:
359          (1) renumbering Section 26-55-105 enacted in H.B. 238 to Section 26-55-106 and
360     renumbering cross references accordingly;
361          (2) modifying Subsection 26-55-104(2) to read:
362          "(2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
363     provider who is licensed to prescribe an opiate antagonist may prescribe, including by a
364     standing prescription drug order issued in accordance with Subsection 26-55-105(2), or
365     dispense an opiate antagonist:
366          (a) (i) to an individual who is at increased risk of experiencing an opiate-related drug
367     overdose event;
368          (ii) to a family member of, friend of, or other individual who is in a position to assist
369     an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
370          (iii) to an overdose outreach provider for:
371          (A) furnishing to an individual under Subsection (2)(a)(i) or (2)(a)(ii), as provided in
372     Section 26-55-106; or
373          (B) administering to an individual experiencing an opiate-related drug overdose event;
374          (b) without a prescriber-patient relationship; and
375          (c) without liability for any civil damages for acts or omissions made as a result of
376     prescribing or dispensing the opiate antagonist in good faith.";
377          (3) providing that the amendments to Subsection 26-55-104(3) in H.B. 238 supersede
378     the amendments to Subsection 26-55-104(3) in H.B. 240;
379          (4) modifying Section 26-55-105 enacted in H.B. 240, to read:
380          "26-55-105. Standing prescription drug orders for an opiate antagonist.
381          (1) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed
382     under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an opiate antagonist may
383     dispense the opiate antagonist:
384          (a) pursuant to a standing prescription drug order made in accordance with Subsection
385     (2); and
386          (b) without any other prescription drug order from a person licensed to prescribe an
387     opiate antagonist.
388          (2) A physician who is licensed to prescribe an opiate antagonist, including a physician
389     acting in the physician's capacity as an employee of the department, or a medical director of a
390     local health department, as defined in Section 26A-1-102, may issue a standing prescription
391     drug order authorizing the dispensing of the opiate antagonist under Subsection (1) in
392     accordance with a protocol that:
393          (a) limits dispensing of the opiate antagonist to:
394          (i) an individual who is at increased risk of experiencing an opiate-related drug
395     overdose event;
396          (ii) a family member of, friend of, or other individual who is in a position to assist an
397     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
398          (iii) an overdose outreach provider for:
399          (A) furnishing to an individual under Subsection (2)(a)(i) or (2)(a)(ii), as provided in
400     Section 26-55-106; or
401          (B) administering to an individual experiencing an opiate-related drug overdose event;
402          (b) requires the physician to specify the persons, by professional license number,
403     authorized to dispense the opiate antagonist;
404          (c) requires the physician to review at least annually the dispensing practices of those
405     authorized by the physician to dispense the opiate antagonist;
406          (d) requires those authorized by the physician to dispense the opiate antagonist to make
407     and retain a record of each person to whom the opiate antagonist is dispensed, which shall
408     include:
409          (i) the name of the person;
410          (ii) the drug dispensed; and
411          (iii) other relevant information; and
412          (e) is approved by the Division of Occupational and Professional Licensing within the
413     Department of Commerce by administrative rule made in accordance with Title 63G, Chapter
414     3, Utah Administrative Rulemaking Act.";
415          (5) modifying Section 58-17b-507 to read:
416          "(1) As used in this section:
417          (a) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
418          (b) "Opiate-related drug overdose event" means the same as that term is defined in
419     Section 26-55-102.
420          (2) A person licensed under this chapter that dispenses an opiate antagonist to an
421     individual with a prescription for an opiate antagonist, to an overdose outreach provider with a
422     prescription for an opiate antagonist, or pursuant to a standing prescription drug order issued in
423     accordance with Subsection 26-55-105(2) is not liable for any civil damages resulting from the
424     outcomes of the eventual administration of the opiate antagonist to an individual who another
425     individual believes is experiencing an opiate-related drug overdose event.
426          (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose Response
427     Act, do not establish a duty or standard of care in the prescribing, dispensing, or administration
428     of an opiate antagonist.
429          (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
430     chapter to dispense an opiate antagonist to an individual on behalf of another individual if the
431     individual obtaining the opiate antagonist has a prescription for the opiate antagonist from a
432     licensed prescriber or the opiate antagonist is dispensed pursuant to a standing prescription
433     drug order issued in accordance with Subsection 26-55-105(2).
434          (5) It is not unprofessional conduct or unlawful conduct for a licensee under this
435     chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose
436     outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued
437     pursuant to Subsection 26-55-104(2)(a)(iii).";
438          (6) modifying Subsections 58-31b-703(1)(a), 58-67-702(1)(a), 58-68-702(1)(a), and
439     58-70a-505(1)(a) to read:
440          "(a) "Dispense" means the same as that term is defined in Section 58-17b-102.";
441          (7) modifying Subsections 58-31b-703(1)(e), 58-67-702(1)(e), 58-68-702(1)(e), and
442     58-70a-505(1)(e) to read:
443          "(e) "Prescribe" means the same as that term is defined in Section 58-17b-102.";
444          (8) modifying Subsection 58-31b-703(2) to read:
445          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
446     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
447     opiate antagonist:
448          (a) in a good faith effort to assist:
449          (i) an individual who is at increased risk of experiencing an opiate-related drug
450     overdose event; or
451          (ii) a family member of, friend of, or other individual who is in a position to assist an
452     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
453          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
454          (9) modifying Subsection 58-67-702(2) to read:
455          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
456     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
457     opiate antagonist:
458          (a) in a good faith effort to assist:
459          (i) an individual who is at increased risk of experiencing an opiate-related drug
460     overdose event; or
461          (ii) a family member of, friend of, or other individual who is in a position to assist an
462     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
463          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
464          (10) modifying Subsection 58-68-702(2) to read:
465          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
466     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
467     opiate antagonist:
468          (a) in a good faith effort to assist:
469          (i) an individual who is at increased risk of experiencing an opiate-related drug
470     overdose event; or
471          (ii) a family member of, friend of, or other individual who is in a position to assist an
472     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
473          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii)."; and
474          (11) modifying Subsection 58-70a-505(2) to read:
475          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
476     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
477     opiate antagonist:
478          (a) in a good faith effort to assist:
479          (i) an individual who is at increased risk of experiencing an opiate-related drug
480     overdose event; or
481          (ii) a family member of, friend of, or other individual who is in a position to assist an
482     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
483          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).".
484          Section 13. Coordinating H.B. 238 and H.B. 192 -- Substantive and technical
485     amendments.
486          If this H.B. 238 and H.B. 192, Opiate Overdose Response Act -- Pilot Program and
487     Other Amendments, both pass and become law, it is the intent of the Legislature that the Office
488     of Legislative Research and General Counsel prepare the Utah Code database for publication
489     by:
490          (1) renumbering Section 26-55-105 enacted in H.B. 192 to Section 26-55-106 and
491     renumbering cross references accordingly;
492          (2) modifying Subsection 26-55-104(2) to read:
493          "(2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
494     provider who is licensed to prescribe an opiate antagonist may prescribe or dispense an opiate
495     antagonist:
496          (a) (i) to an individual who is at increased risk of experiencing an opiate-related drug
497     overdose event;
498          (ii) to a family member of, friend of, or other person, including a person described in
499     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
500     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
501          (iii) to an overdose outreach provider for:
502          (A) furnishing to an individual who is at increased risk of experiencing an
503     opiate-related drug overdose event, or to a family member of, friend of, or other individual who
504     is in a position to assist an individual who is at increased risk of experiencing an opiate-related
505     drug overdose event, as provided in Section 26-55-105; or
506          (B) administering to an individual experiencing an opiate-related drug overdose event;
507          (b) without a prescriber-patient relationship; and
508          (c) without liability for any civil damages for acts or omissions made as a result of
509     prescribing or dispensing the opiate antagonist in good faith.";
510          (3) providing that the amendments to Subsection 26-55-104(3) in H.B. 238 supersede
511     the amendments to Subsection 26-55-104(3) in H.B. 192;
512          (4) modifying Section 58-17b-507 to read:
513          "(1) As used in this section:
514          (a) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
515          (b) "Opiate-related drug overdose event" means the same as that term is defined in
516     Section 26-55-102.
517          (2) A person licensed under this chapter that dispenses an opiate antagonist to an
518     individual with a prescription for an opiate antagonist, or to an overdose outreach provider with
519     a prescription for an opiate antagonist, is not liable for any civil damages resulting from the
520     outcomes of the eventual administration of the opiate antagonist to an individual who another
521     individual believes is experiencing an opiate-related drug overdose event.
522          (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose Response
523     Act, do not establish a duty or standard of care in the prescribing, dispensing, or administration
524     of an opiate antagonist.
525          (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
526     chapter to dispense an opiate antagonist to a person, including a person described in
527     Subsections 26-55-105(1)(a)(i)(A) through (1)(a)(i)(F), on behalf of an individual if the person
528     obtaining the opiate antagonist has a prescription for the opiate antagonist from a licensed
529     prescriber or the opiate antagonist is dispensed pursuant to a standing prescription drug order
530     issued in accordance with Subsection 26-55-105(2).
531          (5) It is not unprofessional conduct or unlawful conduct for a licensee under this
532     chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose
533     outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued
534     pursuant to Subsection 26-55-104(2)(a)(iii).";
535          (5) modifying Subsection 58-31b-703(2) to read:
536          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
537     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
538     opiate antagonist:
539          (a) in a good faith effort to assist:
540          (i) an individual who is at increased risk of experiencing an opiate-related drug
541     overdose event; or
542          (ii) a family member of, friend of, or other person, including a person described in
543     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
544     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
545          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
546          (6) modifying Subsection 58-67-702(2) to read:
547          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
548     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
549     opiate antagonist:
550          (a) in a good faith effort to assist:
551          (i) an individual who is at increased risk of experiencing an opiate-related drug
552     overdose event; or
553          (ii) a family member of, friend of, or other person, including a person described in
554     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
555     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
556          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
557          (7) modifying Subsection 58-68-702(2) to read:
558          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
559     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
560     opiate antagonist:
561          (a) in a good faith effort to assist:
562          (i) an individual who is at increased risk of experiencing an opiate-related drug
563     overdose event; or
564          (ii) a family member of, friend of, or other person, including a person described in
565     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
566     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
567          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
568          (8) modifying Subsection 58-69-702(2)(a)(ii) to read:
569          "(ii) a family member of, friend of, or other person, including a person described in
570     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
571     individual who is at increased risk of experiencing an opiate-related drug overdose event; or";
572     and
573          (9) modifying Subsection 58-70a-505(2) to read:
574          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
575     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
576     opiate antagonist:
577          (a) in a good faith effort to assist:
578          (i) an individual who is at increased risk of experiencing an opiate-related drug
579     overdose event; or
580          (ii) a family member of, friend of, or other person, including a person described in
581     Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
582     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
583          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).".
584          Section 14. Coordinating H.B. 238, H.B. 240, and H.B. 192 -- Substantive and
585     technical amendments.
586          If this H.B. 238, H.B. 240, Opiate Overdose Response Act -- Standing Orders and
587     Other Amendments, and H.B. 192, Opiate Overdose Response Act -- Pilot Program and Other
588     Amendments, all pass and become law, it is the intent of the Legislature that the Office of
589     Legislative Research and General Counsel prepare the Utah Code database for publication by:
590          (1) renumbering Section 26-55-105 enacted in H.B. 238 to Section 26-55-106 and
591     renumbering cross references accordingly;
592          (2) renumbering Section 26-55-105 enacted in H.B. 192 to Section 26-55-107 and
593     renumbering cross references accordingly;
594          (3) modifying Subsection 26-55-104(2) to read:
595          "(2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care
596     provider who is licensed to prescribe an opiate antagonist may prescribe, including by a
597     standing prescription drug order issued in accordance with Subsection 26-55-105(2), or
598     dispense an opiate antagonist:
599          (a) (i) to an individual who is at increased risk of experiencing an opiate-related drug
600     overdose event;
601          (ii) to a family member of, friend of, or other person, including a person described in
602     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
603     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
604          (iii) to an overdose outreach provider for:
605          (A) furnishing to an individual who is at increased risk of experiencing an
606     opiate-related drug overdose event, or to a family member of, friend of, or other individual who
607     is in a position to assist an individual who is at increased risk of experiencing an opiate-related
608     drug overdose event, as provided in Section 26-55-106; or
609          (B) administering to an individual experiencing an opiate-related drug overdose event;
610          (b) without a prescriber-patient relationship; and
611          (c) without liability for any civil damages for acts or omissions made as a result of
612     prescribing or dispensing the opiate antagonist in good faith.";
613          (4) providing that the amendments to Subsection 26-55-104(3) in H.B. 238 supersede
614     the amendments to Subsection 26-55-104(3) in H.B. 240 and H.B. 192;
615          (5) modifying Section 26-55-105 enacted in H.B. 240, to read:
616          "26-55-105. Standing prescription drug orders for an opiate antagonist.
617          (1) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed
618     under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an opiate antagonist may
619     dispense the opiate antagonist:
620          (a) pursuant to a standing prescription drug order made in accordance with Subsection
621     (2); and
622          (b) without any other prescription drug order from a person licensed to prescribe an
623     opiate antagonist.
624          (2) A physician who is licensed to prescribe an opiate antagonist, including a physician
625     acting in the physician's capacity as an employee of the department, or a medical director of a
626     local health department, as defined in Section 26A-1-102, may issue a standing prescription
627     drug order authorizing the dispensing of the opiate antagonist under Subsection (1) in
628     accordance with a protocol that:
629          (a) limits dispensing of the opiate antagonist to:
630          (i) an individual who is at increased risk of experiencing an opiate-related drug
631     overdose event;
632          (ii) a family member of, friend of, or other person, including a person described in
633     Subsections 26-55-107(1)(a)(i)(A) through(1)(a)(i)(F), that is in a position to assist an
634     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
635          (iii) an overdose outreach provider for:
636          (A) furnishing to an individual who is at increased risk of experiencing an
637     opiate-related drug overdose event, or to a family member of, friend of, or other individual who
638     is in a position to assist an individual who is at increased risk of experiencing an opiate-related
639     drug overdose event, as provided in Section 26-55-106; or
640          (B) administering to an individual experiencing an opiate-related drug overdose event;
641          (b) requires the physician to specify the persons, by professional license number,
642     authorized to dispense the opiate antagonist;
643          (c) requires the physician to review at least annually the dispensing practices of those
644     authorized by the physician to dispense the opiate antagonist;
645          (d) requires those authorized by the physician to dispense the opiate antagonist to make
646     and retain a record of each person to whom the opiate antagonist is dispensed, which shall
647     include:
648          (i) the name of the person;
649          (ii) the drug dispensed; and
650          (iii) other relevant information; and
651          (e) is approved by the Division of Occupational and Professional Licensing within the
652     Department of Commerce by administrative rule made in accordance with Title 63G, Chapter
653     3, Utah Administrative Rulemaking Act.";
654          (6) modifying Section 58-17b-507 to read:
655          "(1) As used in this section:
656          (a) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
657          (b) "Opiate-related drug overdose event" means the same as that term is defined in
658     Section 26-55-102.
659          (2) A person licensed under this chapter that dispenses an opiate antagonist to an
660     individual with a prescription for an opiate antagonist, to an overdose outreach provider with a
661     prescription for an opiate antagonist, or pursuant to a standing prescription drug order issued in
662     accordance with Subsection 26-55-105(2) is not liable for any civil damages resulting from the
663     outcomes of the eventual administration of the opiate antagonist to an individual who another
664     individual believes is experiencing an opiate-related drug overdose event.
665          (3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose Response
666     Act, do not establish a duty or standard of care in the prescribing, dispensing, or administration
667     of an opiate antagonist.
668          (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
669     chapter to dispense an opiate antagonist to a person, including a person described in
670     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), on behalf of an individual if the person
671     obtaining the opiate antagonist has a prescription for the opiate antagonist from a licensed
672     prescriber or the opiate antagonist is dispensed pursuant to a standing prescription drug order
673     issued in accordance with Subsection 26-55-102(2).
674          (5) It is not unprofessional conduct or unlawful conduct for a licensee under this
675     chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose
676     outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued
677     pursuant to Subsection 26-55-104(2)(a)(iii).";
678          (7) modifying Subsections 58-31b-703(1)(a), 58-67-702(1)(a), 58-68-702(1)(a), and
679     58-70a-505(1)(a) to read:
680          "(a) "Dispense" means the same as that term is defined in Section 58-17b-102.";
681          (8) modifying Subsections 58-31b-703(1)(e), 58-67-702(1)(e), 58-68-702(1)(e), and
682     58-70a-505(1)(e) to read:
683          "(e) "Prescribe" means the same as that term is defined in Section 58-17b-102.";
684          (9) modifying Subsection 58-31b-703(2) to read:
685          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
686     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
687     opiate antagonist:
688          (a) in a good faith effort to assist:
689          (i) an individual who is at increased risk of experiencing an opiate-related drug
690     overdose event; or
691          (ii) a family member of, friend of, or other person, including a person described in
692     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
693     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
694          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
695          (10) modifying Subsection 58-67-702(2) to read:
696          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
697     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
698     opiate antagonist:
699          (a) in a good faith effort to assist:
700          (i) an individual who is at increased risk of experiencing an opiate-related drug
701     overdose event; or
702          (ii) a family member of, friend of, or other person, including a person described in
703     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
704     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
705          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
706          (11) modifying Subsection 58-68-702(2) to read:
707          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
708     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
709     opiate antagonist:
710          (a) in a good faith effort to assist:
711          (i) an individual who is at increased risk of experiencing an opiate-related drug
712     overdose event; or
713          (ii) a family member of, friend of, or other person, including a person described in
714     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
715     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
716          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).";
717          (12) modifying Subsection 58-69-702(2)(a)(ii) to read:
718          "(ii) a family member of, friend of, or other person, including a person described in
719     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
720     individual who is at increased risk of experiencing an opiate-related drug overdose event; or";
721     and
722          (13) modifying Subsection 58-70a-505(2) to read:
723          "(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
724     chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
725     opiate antagonist:
726          (a) in a good faith effort to assist:
727          (i) an individual who is at increased risk of experiencing an opiate-related drug
728     overdose event; or
729          (ii) a family member of, friend of, or other person, including a person described in
730     Subsections 26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
731     individual who is at increased risk of experiencing an opiate-related drug overdose event; or
732          (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).".