26B-4-511.  Overdose outreach providers.
     Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502:

(1)  an overdose outreach provider may:

Terms Used In Utah Code 26B-4-511

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • Patient counseling: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • Pharmacist: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • Pharmacy intern: means the same as that term is defined in Section 58-17b-102. See Utah Code 26B-4-501
  • (a)  obtain an opiate antagonist dispensed on prescription by:

    (i)  a health care provider, in accordance with Subsections 26B-4-509(2) and (3); or

    (ii)  a pharmacist or pharmacy intern, as otherwise authorized by Title 58, Chapter 17b, Pharmacy Practice Act;

    (b)  store the opiate antagonist; and

    (c)  furnish the opiate antagonist:

    (i) 

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

    (B)  to a family member, friend, overdose outreach provider, or other individual who is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; and

    (ii)  without liability for any civil damages for acts or omissions made as a result of furnishing the opiate antagonist in good faith; and
  • (2)  when furnishing an opiate antagonist under Subsection (1), an overdose outreach provider:

    (a)  shall also furnish to the recipient of the opiate antagonist:

    (i)  the written instruction under Subsection 26B-4-504(3) received by the overdose outreach provider from the health care provider at the time the opiate antagonist was dispensed to the overdose outreach provider; or

    (ii)  if the opiate antagonist was dispensed to the overdose outreach provider by a pharmacist or pharmacy intern, any written patient counseling under Section 58-17b-613 received by the overdose outreach provider at the time of dispensing; and

    (b)  may provide additional instruction on how to recognize and respond appropriately to an opiate-related drug overdose event.

    Renumbered and Amended by Chapter 307, 2023 General Session