Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 192 Third Substitute (2016GS)

Sponsor

Rep. McKell, M.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• renames the Emergency Administration of Opiate Antagonist Act as the Opiate Overdose Response Act;
• amends definitions;
• amends liability provisions;
• creates the Opiate Overdose Outreach Pilot Program within the Department of Health;
• specifies how

Every vote on this bill

Bill text

OPIATE OVERDOSE RESPONSE ACT -- PILOT PROGRAM
AND OTHER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike K. McKell
Senate Sponsor: 
Curtis S. Bramble
Cosponsors:
Rich Cunningham
Brad King
LONG TITLE
General Description:
This bill renames the Emergency Administration of Opiate Antagonist Act as the
Opiate Overdose Response Act, amends the act, and makes related amendments.
Highlighted Provisions:
This bill:
▸ renames the Emergency Administration of Opiate Antagonist Act as the Opiate
Overdose Response Act;
▸ amends definitions;
▸ amends liability provisions; 
▸ creates the Opiate Overdose Outreach Pilot Program within the Department of
Health;
▸ specifies how money appropriated for the program may be used;
▸ authorizes the department to make grants through the program to persons that are in
a position to assist an individual who is at increased risk of experiencing an
opiate-related drug overdose event;
▸ specifies how grants may be used;
▸ requires annual reporting by grantees;
▸ requires rulemaking by the department;
▸ requires annual reporting on the program by the department;
▸ designates program funding as nonlapsing; and
▸ makes technical changes. 
Money Appropriated in this Bill:
This bill appropriates:
▸ to Department of Health -- Disease Control and Prevention , as a one-time
appropriation:
• from the General Fund, $250,000, for the newly created Opiate Overdose
Outreach Pilot Program. 
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
26-55-101
, as enacted by Laws of Utah 2014, Chapter 130
26-55-102
, as enacted by Laws of Utah 2014, Chapter 130
26-55-104
, as enacted by Laws of Utah 2014, Chapter 130
58-17b-507
, as enacted by Laws of Utah 2014, Chapter 130
58-31b-703
, as enacted by Laws of Utah 2014, Chapter 130
58-67-702
, as enacted by Laws of Utah 2014, Chapter 130
58-68-702
, as enacted by Laws of Utah 2014, Chapter 130
58-70a-505
, as enacted by Laws of Utah 2014, Chapter 130
63J-1-602.1
, as last amended by Laws of Utah 2015, Chapters 136 and 180
ENACTS:
26-55-105
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
26-55-104
, as enacted by Laws of Utah 2014, Chapter 130
26-55-105
, Utah Code Annotated 1953
 26-55-106
, Utah Code Annotated 1953
58-17b-507
, as enacted by Laws of Utah 2014, Chapter 130
58-31b-703
, as enacted by Laws of Utah 2014, Chapter 130
58-67-702
, as enacted by Laws of Utah 2014, Chapter 130
58-68-702
, as enacted by Laws of Utah 2014, Chapter 130
58-70a-505
, as enacted by Laws of Utah 2014, Chapter 130
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-55-101
 is amended to read:
CHAPTER 55. OPIATE OVERDOSE RESPONSE ACT
26-55-101.
Title.
This chapter is known as the "[
Emergency Administration of
] Opiate [
Antagonist
]
Overdose Response
 Act."
Section 2. Section 
26-55-102
 is amended to read:
26-55-102.
Definitions.
As used in this chapter:
(1) "Controlled substance" means the same as that term is defined in Title 58, Chapter
37, Utah Controlled Substances Act.
(2) "Dispense" means the same as that term is defined in Section 
58-17b-102
.
[
(1)
] 
(3)
 "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
Chapter 21, Health Care Facility Licensing and Inspection Act.
[
(2)
] 
(4)
 "Health care provider" means:
(a) a physician
,
 as defined in Section 
58-67-102
;
(b) an advanced practice registered nurse
,
 as defined in Subsection 
58-31b-102
(13); or
(c) a physician assistant
,
 as defined in Section 
58-70a-102
.
(5) "Increased risk" means risk exceeding the risk typically experienced by an
individual who is not using, and is not likely to use, an opiate.
[
(3)
] 
(6)
 "Opiate" [
is
] 
means the same
 as 
that term is
 defined in Section 
58-37-2
.
[
(4)
] 
(7)
 "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 [
a
] 
an opiate-related
 drug overdose.
[
(5)
] 
(8)
 "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.
(9) "Prescribe" means the same as that term is defined in Section 
58-17b-102
.
Section 3. Section 
26-55-104
 is amended to read:
26-55-104.
Prescribing, dispensing, and administering an opiate antagonist --
Immunity from liability.
(1) (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 
26-55-105
: 
(A) a person described in Subsections 
26-55-105
(1)(a)(i)(A) through (1)(a)(i)(F); or
(B) an organization defined by department rule made under Subsection
26-55-105
(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), a person other than a health care facility or
health care provider [
who
] 
that
 acts in good faith to administer an opiate antagonist to [
another
person
] 
an individual
 whom the person believes to be [
suffering
] 
experiencing
 an opiate-related
drug overdose event is not liable for any civil damages [
or
] 
for
 acts or omissions made as a
result of administering the opiate antagonist.
(b) A health care provider:
(i) does not have immunity 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) does have immunity 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 [
or dispense
] an opiate antagonist may[
, without a
prescriber-patient relationship,
] prescribe or dispense an opiate antagonist [
without liability for
any civil damages or acts or omissions made as a result of prescribing or dispensing an opiate
antagonist in good faith, to
]:
(a) 
(i) to
 an individual who is at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event; or
[
(b)
] 
(ii) to
 a family member of, friend of, or other person [
who may be
]
, including a
person described in Subsections 
26-55-105
(1)(a)(i)(A) through (1)(a)(i)(F), that is
 in a position
to assist an individual who [
may be
] 
is
 at increased risk of experiencing [
or who is likely to
experience
] 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 [
person
] 
health care provider
 who [
prescribes or
] dispenses an opiate antagonist
to an individual under Subsection (2)(a)
 shall provide education to the individual [
described in
Subsection (2)(a) or (b)
] that includes [
instructions to take the person who received
]
instruction:
(a) on the proper administration of the opiate antagonist; and
(b) that the individual to whom the opiate antagonist is dispensed should ensure that
the individual to whom
 the opiate antagonist 
is administered is taken
 to an emergency care
facility for a medical evaluation 
immediately following administration of the opiate antagonist
.
Section 4. Section 
26-55-105
 is enacted to read:
 26-55-105.
Opiate Overdose Outreach Pilot Program -- Grants -- Annual
reporting by grantees -- Rulemaking -- Annual reporting by department.
(1) As used in this section:
(a) "Persons that are in a position to assist an individual who is at increased risk of
experiencing an opiate-related drug overdose event":
(i) means the following organizations:
(A) a law enforcement agency;
(B) the department or a local health department, as defined in Section 
26A-1-102
;
(C) an organization that provides drug or alcohol treatment services;
(D) an organization that provides services to the homeless;
(E) an organization that provides training on the proper administration of an opiate
antagonist in response to an opiate-related drug overdose event;
(F) a school; or
(G) except as provided in Subsection (1)(a)(ii), any other organization, as defined by
department rule made under Subsection (7)(e), that is in a position to assist an individual who
is at increased risk of experiencing an opiate-related drug overdose event; and
(ii) does not mean:
(A) a person licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(B) a health care facility; or
(C) an individual.
(b) "School" means:
(i) a public school:
(A) for elementary or secondary education, including a charter school; or
(B) for other purposes;
(ii) a private school:
(A) for elementary or secondary education; or
(B) accredited for other purposes, including higher education or specialty training; or
(iii) an institution within the state system of higher education, as described in Section
53B-1-102
.
(2) There is created within the department the "Opiate Overdose Outreach Pilot
Program."
(3) The department may use funds appropriated for the program to:
(a) provide grants under Subsection (4);
(b) promote public awareness of the signs, symptoms, and risks of opioid misuse and
overdose;
(c) increase the availability of educational materials and other resources designed to
assist individuals at increased risk of opioid overdose, their families, and others in a position to
help prevent or respond to an overdose event;
(d) increase public awareness of, access to, and use of opiate antagonist;
(e) update the department's Utah Clinical Guidelines on Prescribing Opioids and
promote its use by prescribers and dispensers of opioids;
(f) develop a directory of substance misuse treatment programs and promote its
dissemination to and use by opioid prescribers, dispensers, and others in a position to assist
individuals at increased risk of opioid overdose;
(g) coordinate a multi-agency coalition to address opioid misuse and overdose; and
(h) maintain department data collection efforts designed to guide the development of
opioid overdose interventions and track their effectiveness.
(4) No later than September 1, 2016, and with available funding, the department shall
grant funds through the program to persons that are in a position to assist an individual who is
at increased risk of experiencing an opiate-related drug overdose event.
(5) Funds granted by the program:
(a) may be used by a grantee to:
(i) pay for the purchase by the grantee of an opiate antagonist; or
(ii) pay for the grantee's cost of providing training on the proper administration of an
opiate antagonist in response to an opiate-related drug overdose event; and
(b) may not be used:
(i) to pay for costs associated with the storage or dispensing of an opiate antagonist; or
(ii) for any other purposes.
(6) Grantees shall report annually to the department on the use of granted funds in
accordance with department rules made under Subsection (7)(d).
(7) No later than July 1, 2016, the department shall, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, make rules specifying:
(a) how to apply for a grant from the program;
(b) the criteria used by the department to determine whether a grant request is
approved, including criteria providing that:
(i) grants are awarded to areas of the state, including rural areas, that would benefit
most from the grant; and
(ii) no more than 15% of the total amount granted by the program is used to pay for
grantees' costs of providing training on the proper administration of an opiate antagonist in
response to an opiate-related drug overdose event;
(c) the criteria used by the department to determine the amount of a grant;
(d) the information a grantee shall report annually to the department under Subsection
(6), including:
(i) the amount of opiate antagonist purchased and dispensed by the grantee during the
reporting period;
(ii) the number of individuals to whom the opiate antagonist was dispensed by the
grantee;
(iii) the number of lives known to have been saved during the reporting period as a
result of opiate antagonist dispensed by the grantee; and
(iv) the manner in which the grantee shall record, preserve, and make available for
audit by the department the information described in Subsections (7)(d)(i) through (7)(d)(iii);
and
(e) as required by Subsection (1)(a)(i)(G), any other organization that is in a position to
assist an individual who is at increased risk of experiencing an opiate-related drug overdose
event.
(8) The department shall report to the Legislature's Social Services Appropriations
Subcommittee no later than September 1 of each year on the outcomes of the Opiate Overdose
Outreach Pilot Program.
Section 5. Section 
58-17b-507
 is amended to read:
58-17b-507.
Opiate antagonist -- Immunity from liability -- Exclusion from
unlawful or unprofessional conduct.
(1) As used in this section:
(a) "Opiate antagonist" means the same as that term is defined in Section 
26-55-102
.
(b) "Opiate-related drug overdose event" means the same as that term is defined in
Section 
26-55-102
.
[
(1)
] 
(2)
 A person licensed under this chapter [
who
] 
that
 dispenses an opiate antagonist
[
as defined in Section 
26-55-102
] to an individual with a prescription for an opiate antagonist
is not liable for any civil damages resulting from the outcomes [
that result from
] 
of
 the
eventual administration of the opiate antagonist to [
a person
] 
an individual
 who another
[
person
] 
individual
 believes is [
suffering
] 
experiencing
 an opiate-related drug overdose [
as
defined in Section 
26-55-102
] 
event
.
[
(2)
] 
(3)
 The provisions of this section 
and Title 26, Chapter 55, Opiate Overdose
Response Act,
 do not establish a duty or standard of care in the prescribing, dispensing, or
administration of an opiate antagonist.
[
(3)
] 
(4)
 It is not unprofessional conduct or unlawful conduct for a licensee under this
chapter to dispense an opiate antagonist to a person
, including a person described in
Subsections 
26-55-105
(1)(a)(i)(A) through (1)(a)(i)(F),
 on behalf of [
another person
] 
an
individual
 if the person obtaining the opiate antagonist has a prescription for the opiate
antagonist from a licensed prescriber.
Section 6. Section 
58-31b-703
 is amended to read:
58-31b-703.
Opiate antagonist -- Exclusion from unprofessional or unlawful
conduct.
[
(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
to a licensee under this chapter.
]
(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 
58-17b-102
.
(b) "Increased risk" means the same as that term is defined in Section 
26-55-102
.
(c) "Opiate antagonist" means the same as that term is defined in Section 
26-55-102
.
(d) "Opiate-related drug overdose event" means the same as that term is defined in
Section 
26-55-102
.
(e) "Prescribe" means the same as that term is defined in Section 
58-17b-102
.
(2) The prescribing or dispensing of an opiate antagonist [
as defined in Section
26-55-102
] by a licensee under this chapter is not unprofessional or unlawful conduct if the
licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
(a) [
a person
] 
an individual
 who is at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event [
as defined in Section 
26-55-102
]; or
(b) a family member of, friend of, or other person [
who
]
, including a person described
in Subsections 
26-55-105
(1)(a)(i)(A) through (1)(a)(i)(F), that
 is in a position to assist [
a
person
] 
an individual
 who [
may be
] 
is
 at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event.
(3) The provisions of this section and Title 26, Chapter 55, [
Emergency Administration
of
] Opiate [
Antagonist
] 
Overdose Response
 Act, do not establish a duty or standard of care in
the prescribing, dispensing, or administration of an opiate antagonist.
Section 7. Section 
58-67-702
 is amended to read:
58-67-702.
Opiate antagonist -- Exclusion from unlawful or unprofessional
conduct.
[
(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
to a licensee under this chapter.
]
(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 
58-17b-102
.
(b) "Increased risk" means the same as that term is defined in Section 
26-55-102
.
(c) "Opiate antagonist" means the same as that term is defined in Section 
26-55-102
.
(d) "Opiate-related drug overdose event" means the same as that term is defined in
Section 
26-55-102
.
(e) "Prescribe" means the same as that term is defined in Section 
58-17b-102
.
(2) The prescribing or dispensing of an opiate antagonist [
as defined in Section
26-55-102
] by a licensee under this chapter is not unprofessional or unlawful conduct if the
licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
(a) [
a person
] 
an individual
 who is at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event [
as defined in Section 
26-55-102
]; or
(b) a family member of, friend of, or other person [
who
]
, including a person described
in Subsections 
26-55-105
(1)(a)(i)(A) through (1)(a)(i)(F), that
 is in a position to assist [
a
person
] 
an individual
 who [
may be
] 
is
 at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event.
(3) The provisions of this section and Title 26, Chapter 55, [
Emergency Administration
of
] Opiate [
Antagonist
] 
Overdose Response
 Act, do not establish a duty or standard of care in
the prescribing, dispensing, or administration of an opiate antagonist.
Section 8. Section 
58-68-702
 is amended to read:
58-68-702.
Opiate antagonist -- Exclusion from unlawful or unprofessional
conduct.
[
(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
to a licensee under this chapter.
]
(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 
58-17b-102
.
(b) "Increased risk" means the same as that term is defined in Section 
26-55-102
.
(c) "Opiate antagonist" means the same as that term is defined in Section 
26-55-102
.
(d) "Opiate-related drug overdose event" means the same as that term is defined in
Section 
26-55-102
.
(e) "Prescribe" means the same as that term is defined in Section 
58-17b-102
.
(2) The prescribing or dispensing of an opiate antagonist [
as defined in Section
26-55-102
] by a licensee under this chapter is not unprofessional or unlawful conduct if the
licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
(a) [
a person
] 
an individual
 who is at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event [
as defined in Section 
26-55-102
]; or
(b) a family member of, friend of, or other person [
who
]
, including a person described
in Subsections 
26-55-105
(1)(a)(i)(A) through (1)(a)(i)(F), that
 is in a position to assist [
a
person
] 
an individual
 who [
may be
] 
is
 at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event.
(3) The provisions of this section and Title 26, Chapter 55, [
Emergency Administration
of
] Opiate [
Antagonist
] 
Overdose Response
 Act, do not establish a duty or standard of care in
the prescribing, dispensing, or administration of an opiate antagonist.
Section 9. Section 
58-70a-505
 is amended to read:
58-70a-505.
Opiate antagonist -- Exclusion from unlawful or unprofessional
conduct.
[
(1) Title 26, Chapter 55, Emergency Administration of Opiate Antagonist Act, applies
to a licensee under this chapter.
]
(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 
58-17b-102
.
(b) "Increased risk" means the same as that term is defined in Section 
26-55-102
.
(c) "Opiate antagonist" means the same as that term is defined in Section 
26-55-102
.
(d) "Opiate-related drug overdose event" means the same as that term is defined in
Section 
26-55-102
.
(e) "Prescribe" means the same as that term is defined in Section 
58-17b-102
.
(2) The prescribing or dispensing of an opiate antagonist [
as defined in Section
26-55-102
] by a licensee under this chapter is not unprofessional or unlawful conduct if the
licensee prescribed or dispensed the opiate antagonist in a good faith effort to assist:
(a) [
a person
] 
an individual
 who is at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event [
as defined in Section 
26-55-102
]; or
(b) a family member of, friend of, or other person [
who
]
, including a person described
in Subsections 
26-55-105
(1)(a)(i)(A) through (1)(a)(i)(F), that
 is in a position to assist [
a
person
] 
an individual
 who [
may be
] 
is
 at increased risk of experiencing [
or who is likely to
experience
] an opiate-related drug overdose event.
(3) The provisions of this section and Title 26, Chapter 55, [
Emergency Administration
of
] Opiate [
Antagonist
] 
Overdose Response
 Act, do not establish a duty or standard of care in
the prescribing, dispensing, or administration of an opiate antagonist.
Section 10. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing accounts and funds -- General authority and Title
through Title 30.
(1) Appropriations made to the Legislature and its committees.
(2) The Percent-for-Art Program created in Section 
9-6-404
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The LeRay McAllister Critical Land Conservation Program created in Section
11-38-301
.
(5) An appropriation made to the Division of Wildlife Resources for the appraisal and
purchase of lands under the Pelican Management Act, as provided in Section 
23-21a-6
.
(6) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(7) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
(8) Funds collected from the emergency medical services grant program, as provided in
Section 
26-8a-207
.
(9) The Prostate Cancer Support Restricted Account created in Section 
26-21a-303
.
(10) State funds appropriated for matching federal funds in the Children's Health
Insurance Program as provided in Section 
26-40-108
.
(11) The Utah Health Care Workforce Financial Assistance Program created in Section
26-46-102
.
(12) The primary care grant program created in Section 
26-10b-102
.
(13) The Rural Physician Loan Repayment Program created in Section 
26-46a-103
.
(14) The Opiate Overdose Outreach Pilot Program created in Section 
26-55-105
.
Section 11. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or amounts indicated. These sums of money are in
addition to amounts previously appropriated for fiscal year 2017.
Item 1. To Department of Health - Disease Control and Prevention
From General Fund, One-time
$250,000
Schedule of Programs:
Opiate Overdose Outreach Pilot Program $250,000
Section 12. 
 Coordinating H.B. 192 with H.B. 240 -- Substantive and technical
amendments.
If this H.B. 192 and H.B. 240, Opiate Overdose Response Act -- Standing Orders and
Other Amendments, both pass and become law, it is the intent of the Legislature that the Office
of Legislative Research and General Counsel shall prepare the Utah Code database for
publication by:
(1) renumbering Section 
26-55-105
 enacted in H.B. 192 to Section 26-55-106 and
renumbering cross references accordingly;
(2) modifying Subsection 
26-55-104
(2) to read:
"(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 
26-55-105
(2), or
dispense an opiate antagonist:
(a) (i) to an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(ii) to a family member of, friend of, or other person, including a person described in
Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
individual who is at increased risk of 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) modifying Section 
26-55-105
 enacted in H.B. 240, to read:
"26-55-105. Standing prescription drug orders for an opiate antagonist.
(1) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed
under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an opiate antagonist may
dispense the opiate antagonist:
(a) pursuant to a standing prescription drug order made in accordance with Subsection
(2); and
(b) without any other prescription drug order from a person licensed to prescribe an
opiate antagonist.
(2) A physician who is licensed to prescribe an opiate antagonist, including a physician
acting in the physician's capacity as an employee of the department, or a medical director of a
local health department, as defined in Section 
26A-1-102
, may issue a standing prescription
drug order authorizing the dispensing of the opiate antagonist under Subsection (1) in
accordance with a protocol that:
(a) limits dispensing of the opiate antagonist to:
(i) an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(ii) a family member of, friend of, or other person, including a person described in
Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
individual who is at increased risk of experiencing an opiate-related drug overdose event;
(b) requires the physician to specify the persons, by professional license number,
authorized to dispense the opiate antagonist;
(c) requires the physician to review at least annually the dispensing practices of those
authorized by the physician to dispense the opiate antagonist;
(d) requires those authorized by the physician to dispense the opiate antagonist to make
and retain a record of each person to whom the opiate antagonist is dispensed, which shall
include:
(i) the name of the person;
(ii) the drug dispensed; and
(iii) other relevant information; and
(e) is approved by the Division of Occupational and Professional Licensing within the
Department of Commerce by administrative rule made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.";
(4) modifying Section 
58-17b-507
 to read:
"(1) As used in this section:
(a) "Opiate antagonist" means the same as that term is defined in Section 
26-55-102
.
(b) "Opiate-related drug overdose event" means the same as that term is defined in
Section 
26-55-102
.
(2) A person licensed under this chapter that dispenses an opiate antagonist to an
individual with a prescription for an opiate antagonist, or pursuant to a standing prescription
drug order issued in accordance with Subsection 
26-55-105
(2), is not liable for any civil
damages resulting from the outcomes of the eventual administration of the opiate antagonist to
an individual who another individual believes is experiencing an opiate-related drug overdose
event.
(3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose Response
Act, do not establish a duty or standard of care in the prescribing, dispensing, or administration
of an opiate antagonist.
(4) It is not unprofessional conduct or unlawful conduct for a licensee under this
chapter to dispense an opiate antagonist to a person, including a person described in
Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), on behalf of an individual if the person
obtaining the opiate antagonist has a prescription for the opiate antagonist from a licensed
prescriber or the opiate antagonist is dispensed pursuant to a standing prescription drug order
issued in accordance with Subsection 
26-55-102
(2).";
(5) modifying Subsections 
58-31b-703
(1)(a), 
58-67-702
(1)(a), 
58-68-702
(1)(a), and
58-70a-505
(1)(a) to read:
"(a) "Dispense" means the same as that term is defined in Section 
58-17b-102."
;
(6) modifying Subsections 
58-31b-703
(1)(e), 
58-67-702
(1)(e), 
58-68-702
(1)(e), and
58-70a-505
(1)(e) to read:
"(e) "Prescribe" means the same as that term is defined in Section 
58-17b-102."
;
(7) modifying Subsection 
58-31b-703
(2) to read:
"(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
opiate antagonist in a good faith effort to assist:
(a) an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(b) a family member of, friend of, or other person, including a person described in
Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
individual who is at increased risk of experiencing an opiate-related drug overdose event.";
(8) modifying Subsection 
58-67-702
(2) to read:
"(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
opiate antagonist in a good faith effort to assist:
(a) an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(b) a family member of, friend of, or other person, including a person described in
Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
individual who is at increased risk of experiencing an opiate-related drug overdose event.";
(9) modifying Subsection 
58-68-702
(2) to read:
"(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
opiate antagonist:
(a) in a good faith effort to assist an individual who is at increased risk of experiencing
an opiate-related drug overdose event; or
(b) a family member of, friend of, or other person, including a person described in
Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
individual who is at increased risk of experiencing an opiate-related drug overdose event."; and
(10) modifying Subsection 
58-70a-505
(2) to read:
"(2) The prescribing or dispensing of an opiate antagonist by a licensee under this
chapter is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the
opiate antagonist in a good faith effort to assist:
(a) an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(b) a family member of, friend of, or other person, including a person described in
Subsections 26-55-106(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an
individual who is at increased risk of experiencing an opiate-related drug overdose event.".