(a) Local and state governmental agencies that employ initial responders must provide opioid antagonist rescue kits to their initial responders, require initial responders to successfully complete the training required by §16-46-6(b) of this code, and require the initial responders to carry the opioid antagonist rescue kits in accordance with agency procedures so as to optimize the initial responders’ capacity to timely assist in the prevention of opioid overdoses: Provided, That a local or state governmental agency has designated sufficient funding or supplies of opioid antagonist rescue kits.

Terms Used In West Virginia Code 16-46-4

  • Initial responder: means emergency medical service personnel, as defined in subdivision (g), section three, article four-c of this chapter, including, but not limited to, a member of the West Virginia State Police, a sheriff, a deputy sheriff, a municipal police officer, a volunteer or paid firefighter and any other person acting under color of law who responds to emergencies. See West Virginia Code 16-46-2
  • Opioid antagonist: means a federal Food and Drug Administration-approved drug for the treatment of an opiate-related overdose, such as naloxone hydrochloride or other substance, that, when administered, negates or neutralizes, in whole or in part, the pharmalogical effects of an opioid in the body. See West Virginia Code 16-46-2
  • Overdose: means an acute condition, including, but not limited to, life-threatening physical illness, coma, mania, hysteria or death, which is the result of the consumption or use of opioid drugs. See West Virginia Code 16-46-2
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(b) In the absence of gross negligence or willful misconduct, nothing in this section shall be construed to impose civil or criminal liability on a local or state governmental agency or an initial responder acting in good faith in the administration or provision of an opioid antagonist in cases where an individual appears to be experiencing an opioid overdose.

(c) As used in this section, an “opioid antagonist rescue kit” means a kit containing:

(1) Two doses of an opioid antagonist in either a generic form or in a form approved by the United States Federal Food and Drug Administration; and

(2) Overdose education materials that conform to Office of Emergency Medical Services or federal Substance Abuse and Mental Health Services Administration guidelines for opioid overdose education that explain the signs and causes of an opioid overdose and instruct when and how to administer in accordance with medical best practices:

(A) Life-saving rescue techniques; and

(B) An opioid antagonist.