1     
OPIATE OVERDOSE RESPONSE ACT -- STANDING

2     
ORDERS AND OTHER AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Steve Eliason

6     
Senate Sponsor: Evan J. Vickers

7     

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

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

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




Legislative Review Note
Office of Legislative Research and General Counsel