Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 240 (2016GS)

Sponsor

Rep. Eliason, S.

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;
• authorizes the use of a standing prescription drug order issued by a physician to dispense an opioid antagonist; and
• makes technical and clarifying changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 12, 2016 at 11:00 AM by cynthiahopkin.
This document includes House Floor Amendments incorporated into the bill on Tue, Feb 23, 2016 at 4:06 PM by cynthiahopkin.
OPIATE OVERDOSE RESPONSE ACT -- STANDING
ORDERS AND OTHER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
 Evan J. Vickers
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;
▸ authorizes the use of a standing prescription drug order issued by a physician to
dispense an opioid antagonist; and
▸ makes technical and clarifying changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
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
ENACTS:
26-55-105
, Utah Code Annotated 1953
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 
Ĥ→ 
diagnosis or
 ←Ĥ
 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) Except as provided in Subsection (1)(b), a person other than a health care
facility or health care provider 
Ĥ→ [
who
] 
that
 ←Ĥ
 acts in good faith to administer an opiate
73a 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 
Ĥ→ [
or
] 
for
 ←Ĥ
 acts
75a 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
, including by a standing prescription drug order
issued in accordance with Subsection 
26-55-105
(2),
 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
] 
individual
 who 
Ĥ→ [
may be
]
91a 
is
 ←Ĥ
 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
Ĥ→ [
or
] 
for
 ←Ĥ
acts or omissions made as a
95a 
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)
Ĥ→ [
or (2)(b)
] ←Ĥ
shall provide education to the
98a 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.
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
Ĥ→ 
, including a
114a 
physician acting in the physician's capacity as an employee of the department, or a medical
114b 
director of a local health department, as defined in Section 26A-1-102,
 ←Ĥ
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 individual who
Ĥ→ [
may be
] 
is
 ←Ĥ
in a
120a 
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 individual to whom the opiate antagonist is dispensed, which shall
include:
(i) the name of the individual;
(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.
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
.
(2)
 A person licensed under this chapter 
Ĥ→ [
who
] 
that
 ←Ĥ
 dispenses an opiate
143a antagonist [
as defined
in Section 
26-55-102
] 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 that result from 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
] 
an individual
 on behalf of another
[
person
] 
individual
 if the [
person
] 
individual
 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
26-55-105
(2)
.
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) "Dispensing" 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 
26-155-102
.
(e) "Prescribing" 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
] 
individual
 who 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) "Dispensing" 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) "Prescribing" 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
] 
individual
 who 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) "Dispensing" 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) "Prescribing" 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
] 
individual
 who 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) "Dispensing" 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) "Prescribing" 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
] 
individual
 who 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.
Legislative Review Note
Office of Legislative Research and General Counsel