26B-4-509.  Prescribing, dispensing, and administering an opiate antagonist — Immunity from liability.

(1) 

Terms Used In Utah Code 26B-4-509

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dispense: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • Health care facility: means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health care agency, or another facility that provides or contracts to provide health care services, which facility is licensed under 2. See Utah Code 26B-4-501
  • Health care provider: means :
(a) a physician, as defined in Section 58-67-102;
(b) an advanced practice registered nurse, as defined in Section 58-31b-102;
(c) a physician assistant, as defined in Section 58-70a-102; or
(d) an individual licensed to engage in the practice of dentistry, as defined in Section 58-69-102. See Utah Code 26B-4-501
  • Increased risk: means risk exceeding the risk typically experienced by an individual who is not using, and is not likely to use, an opiate. See Utah Code 26B-4-501
  • Opiate: means the same as that term is defined in Section 58-37-2. See Utah Code 26B-4-501
  • Opiate antagonist: means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal Food and Drug Administration for the diagnosis or treatment of an opiate-related drug overdose. See Utah Code 26B-4-501
  • Opiate-related drug overdose event: means an acute condition, including a decreased level of consciousness or respiratory depression resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to require medical assistance. See Utah Code 26B-4-501
  • Overdose outreach provider: means :
    (a) a law enforcement agency;
    (b) a fire department;
    (c) an emergency medical service provider, as defined in Section 26B-4-101;
    (d) emergency medical service personnel, as defined in Section 26B-4-101;
    (e) an organization providing treatment or recovery services for drug or alcohol use;
    (f) an organization providing support services for an individual, or a family of an individual, with a substance use disorder;
    (g) an organization providing substance use or mental health services under contract with a local substance abuse authority, as defined in Section 26B-5-101, or a local mental health authority, as defined in Section 26B-5-101;
    (h) an organization providing services to the homeless;
    (i) a local health department;
    (j) an individual licensed to practice pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act; or
    (k) an individual. See Utah Code 26B-4-501
  • Prescribe: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
    • (a) 

    (i)  For purposes of Subsection (1)(a)(ii), “a person other than a health care facility or health care provider” includes the following, regardless of whether the person has received funds from the department through the Opiate Overdose Outreach Pilot Program created in Section 26B-4-512:

    (A)  a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F); or

    (B)  an organization, defined by department rule made under Subsection 26B-4-512(7)(e), that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event.

    (ii)  Except as provided in Subsection (1)(b), the following persons are not liable for any civil damages for acts or omissions made as a result of administering an opiate antagonist when the person acts in good faith to administer the opiate antagonist to an individual whom the person believes to be experiencing an opiate-related drug overdose event:

    (A)  an overdose outreach provider; or

    (B)  a person other than a health care facility or health care provider.

    (b)  A health care provider:

    (i)  is not immune from liability under Subsection (1)(a) when the health care provider is acting within the scope of the health care provider’s responsibilities or duty of care; and

    (ii)  is immune from liability under Subsection (1)(a) if the health care provider is under no legal duty to respond and otherwise complies with Subsection (1)(a).

    • (2)  Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care provider who is licensed to prescribe an opiate antagonist may prescribe, including by a standing prescription drug order issued in accordance with Subsection 26B-4-510(2), or dispense an opiate antagonist:

    (a) 

    (i)  to an individual who is at increased risk of experiencing an opiate-related drug overdose event;

    (ii)  for an individual described in Subsection (2)(a)(i), to a family member, friend, or other person, including a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist the individual; or

    (iii)  to an overdose outreach provider for:

    (A)  furnishing the opiate antagonist to an individual described in Subsection (2)(a)(i) or (ii), as provided in Section 26B-4-511; or

    (B)  administering to an individual experiencing an opiate-related drug overdose event;

    (b)  without a prescriber-patient relationship; and

    (c)  without liability for any civil damages for acts or omissions made as a result of prescribing or dispensing the opiate antagonist in good faith.

    (3)  A health care provider who dispenses an opiate antagonist to an individual or an overdose outreach provider under Subsection (2)(a) shall provide education to the individual or overdose provider that includes written instruction on how to:

    (a)  recognize an opiate-related drug overdose event; and

    (b)  respond appropriately to an opiate-related drug overdose event, including how to:

    (i)  administer an opiate antagonist; and

    (ii)  ensure that an individual to whom an opiate antagonist has been administered receives, as soon as possible, additional medical care and a medical evaluation.

    Renumbered and Amended by Chapter 307, 2023 General Session

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