§ 4240. Prevention and treatment of opioid-related overdoses

(a) As used in this section:

(1) “Health care professional” means a physician licensed pursuant to 26 Vt. Stat. Ann. chapter 23 or 33, a physician assistant licensed to prescribe and dispense prescription drugs pursuant to 26 Vt. Stat. Ann. chapter 31, an advanced practice registered nurse authorized to prescribe and dispense prescription drugs pursuant to 26 Vt. Stat. Ann. chapter 28, or a pharmacist licensed pursuant to 26 Vt. Stat. Ann. chapter 36.

(2) “Opioid antagonist” means a drug that, when administered, negates or neutralizes in whole or part the pharmacological effects of an opioid in the body.

(3) “Victim” means the person who has overdosed on an opioid or who is believed to have overdosed on an opioid.

(b) For the purpose of addressing prescription and nonprescription opioid overdoses in Vermont, the Department shall develop and implement a prevention, intervention, and response strategy, depending on available resources, that shall:

(1) provide educational materials on opioid overdose prevention to the public free of charge;

(2) increase community-based prevention programs aimed at reducing risk factors that lead to opioid overdoses;

(3) increase timely access to treatment services for opioid users, including medication for opioid use disorder;

(4)(A) educate substance use treatment providers on methods to prevent opioid overdoses;

(B) provide education, information, and training on overdose prevention, intervention, and response, including the status of legal possession of substances and harm reduction supplies, to individuals living with opioid use disorder and participating in needle and syringe exchange programs, recovery programs, residential substance use disorder treatment programs, or correctional services;

(5) implement and expand hospital referral services for individuals treated for an opioid overdose;

(6) develop a statewide opioid antagonist program that emphasizes access to opioid antagonists to and for the benefit of individuals with opioid use disorder;

(7) distribute opioid antagonists to assist those at risk of experiencing an opioid-related overdose; and

(8) establish opioid antagonist dispensing kiosks in locations accessible to those at risk of experiencing an opioid-related overdose.

(c)(1) A health care professional acting in good faith and within the professional’s scope of practice may directly or by standing order prescribe, dispense, and distribute an opioid antagonist to the following persons:

(A) a person at risk of experiencing an opioid-related overdose; or

(B) a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose.

(2) A health care professional who prescribes, dispenses, or distributes an opioid antagonist in accordance with subdivision (1) of this subsection shall be immune from civil or criminal liability with regard to the subsequent use of the opioid antagonist unless the health professional’s actions with regard to prescribing, dispensing, or distributing the opioid antagonist constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed.

(d)(1) A person may administer an opioid antagonist to a victim if the person believes, in good faith, that the victim is experiencing an opioid- related overdose.

(2) A person shall be immune from civil or criminal liability for administering an opioid antagonist to a victim pursuant to subdivision (1) of this subsection unless the person’s actions constituted recklessness, gross negligence, or intentional misconduct. The immunity granted in this subdivision shall apply whether or not the opioid antagonist is administered by or to a person other than the person for whom it was prescribed.

(e) A person acting on behalf of a community-based overdose prevention program or a licensed pharmacist shall be immune from civil or criminal liability for providing education on opioid-related overdose prevention or for purchasing, acquiring, distributing, or possessing an opioid antagonist unless the person’s actions constituted recklessness, gross negligence, or intentional misconduct.

(f) Any health care professional who treats a victim and who has knowledge that the victim has been administered an opioid antagonist within the preceding 30 days shall refer the victim to professional substance use disorder treatment services. (Added 2013, No. 75, § 17; amended 2015, No. 38, § 25, eff. May 28, 2015; 2023, No. 22, § 4, eff. May 25, 2023.)