§ 23-01-42 — Opioid antagonist prescription, distribution, possession, or use - Immunity from liability

from liability.
1. As used in this section:
a. "Health care professional" means a licensed or certified health care professional
who is working within the scope of practice for that profession. The term may
include a physician, physician assistant, advanced practice registered nurse, and
pharmacist acting in the professional's scope of practice.
b. "Opioid antagonist" means a drug:
(1) That is approved by the United States food and drug administration for the
treatment of a drug overdose and is recognized by the department of health
and human services for the treatment of a drug overdose; and
(2) That when administered negates or neutralizes, in whole or in part, the
pharmacological effects of an opioid in the body.
2. A health care professional acting in good faith may directly or by standing order
prescribe, distribute, or dispense an opioid antagonist.
3. An individual acting in good faith may administer an opioid antagonist to another
individual who the administering individual suspects is at risk of experiencing an opioid
overdose.

4. An individual may receive, possess, or administer an opioid antagonist under
subsection 3, regardless of whether the individual is the individual for or to whom the
opioid antagonist is prescribed, distributed, or dispensed.
5. An individual who prescribes, distributes, dispenses, receives, possesses, or
administers an opioid antagonist as authorized under this section is immune from civil
and criminal liability for such action. A health care professional who prescribes,
distributes, or dispenses an opioid antagonist as authorized under this section is not
subject to professional discipline for such action. This section does not expand the
scope of practice of a health care professional. Immunity from liability or discipline
under this subsection does not apply if the individual's actions constitute recklessness,
gross negligence, or intentional misconduct.