SUBCHAPTER XXXIII
OPIOID ANTAGONISTS — QUALIFIED IMMUNITY — MEDICATION FUND
135.190 Possession and administration of opioid antagonists — immunity.
1.For purposes of this section, unless the context otherwise requires:
a.“Community-based organization” means a public or private organization that provides
health or human services to meet the needs of a community including but not limited to a
nonprofit organization, a social service provider, or an organization providing substance use
disorder prevention, treatment, recovery, or harm reduction services.
b.“Licensed health care professional” means the same as defined in section 280.16.
c.“Opioid antagonist” means the same as defined in section 147A.1.
d.“Opioid-related overdose” means the same as defined in section 147A.1.
§135.190, DEPA
Free access — add to your briefcase to read the full text and ask questions with AI
SUBCHAPTER XXXIII
OPIOID ANTAGONISTS — QUALIFIED IMMUNITY — MEDICATION FUND
135.190 Possession and administration of opioid antagonists — immunity.
1. For purposes of this section, unless the context otherwise requires:
a. “Community-based organization” means a public or private organization that provides
health or human services to meet the needs of a community including but not limited to a
nonprofit organization, a social service provider, or an organization providing substance use
disorder prevention, treatment, recovery, or harm reduction services.
b. “Licensed health care professional” means the same as defined in section 280.16.
c. “Opioid antagonist” means the same as defined in section 147A.1.
d. “Opioid-related overdose” means the same as defined in section 147A.1.
§135.190, DEPARTMENT OF HEALTH AND HUMAN SERVICES — PUBLIC HEALTH 66
e. “Person in a position to assist” means a family member, friend, caregiver,
community-based organization, health care provider, employee of a substance use disorder
treatment facility, school employee, first responder as defined in section 147A.1, or
other person who may be in a place to render aid to a person at risk of experiencing an
opioid-related overdose.
f. “Secondary distributor” means a law enforcement agency, emergency medical services
program, fire department, school district, health care provider, licensed behavioral health
provider, county health department, or the department of health and human services.
2. a. Notwithstanding any other provision of law to the contrary, a licensed health care
professional may prescribe an opioid antagonist to a person in a position to assist or to a
secondary distributor.
b. (1) Notwithstanding any other provision of law to the contrary, a pharmacist licensed
under chapter 155A may, by standing order or through collaborative agreement, dispense,
furnish, or otherwise provide an opioid antagonist to a person in a position to assist or to a
secondary distributor.
(2) A pharmacist or secondary distributor who dispenses, furnishes, or otherwise
provides an opioid antagonist pursuant to a valid prescription, standing order, or
collaborative agreement shall provide written instruction, which shall include emergency,
crisis, and substance use referral contact information, to the recipient in accordance with
any protocols and instructions developed by the department under this section.
3. A person in a position to assist may possess and provide or administer an opioid
antagonist to an individual if the person in a position to assist reasonably and in good faith
believes that such individual is experiencing an opioid-related overdose.
4. Notwithstanding any other provision of law to the contrary, the chief medical officer of
the department may issue a standing order that does not identify individual patients at the
time it is issued for the purpose of dispensing opioid antagonists to a person in a position to
assist.
5. A person in a position to assist may distribute an opioid antagonist to any individual
pursuant to this section.
6. A person in a position to assist, a secondary distributor, or a prescriber of an opioid
antagonistwhohasactedreasonablyandingoodfaithshallnotbeliableforanyinjuryarising
fromtheprovision, administration, orassistanceintheadministrationofanopioidantagonist
as provided in this section.
7. A school district may obtain a valid prescription for an opioid antagonist and maintain
a supply of opioid antagonists in a secure location at each location where a student may be
present for use as provided in this section.
8. The department may adopt rules pursuant to chapter 17A to implement and administer
this section.