§ 26B-4-509 — Prescribing, dispensing, and administering an opiate antagonist -- Immunity from liability.

(1) (1)(a) (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 26B-4-512:

(1)(a)(i)(A) a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F); or
(1)(a)(i)(B) an organization, defined by department rule made under Subsection 26B-4-512(7)(e), that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event.
(1)(a)(ii) Except as provided in Subsection (1)(b), the following persons are not liable for any civil damages for acts or omissions made as a result of administering an opiate antagonist when the person acts in good faith to administer the opiate antagonist to an individual whom the person believes to be experiencing an opiate-related drug overdose event:

(1)(a)(ii)(A) an overdose outreach provider; or
(1)(a)(ii)(B) a person other than a health care facility or health care provider.
(1)(b) A health care provider:
(1)(b)(i) is not immune 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
(1)(b)(ii) is immune 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 an opiate antagonist may prescribe, including by a standing prescription drug order issued in accordance with Subsection 26B-4-510(2), or dispense an opiate antagonist:

(2)(a) (2)(a)(i) to an individual who is at increased risk of experiencing an opiate-related drug overdose event;
(2)(a)(ii) for an individual described in Subsection (2)(a)(i), to a family member, friend, or other person, including a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist the individual; or
(2)(a)(iii) to an overdose outreach provider for:

(2)(a)(iii)(A) furnishing the opiate antagonist to an individual described in Subsection (2)(a)(i) or (ii), as provided in Section 26B-4-511; or
(2)(a)(iii)(B) administering to an individual experiencing an opiate-related drug overdose event;
(2)(b) without a prescriber-patient relationship; and
(2)(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 health care provider who dispenses an opiate antagonist to an individual or an overdose outreach provider under Subsection (2)(a) shall provide education to the individual or overdose provider that includes written instruction on how to:

(3)(a) recognize an opiate-related drug overdose event; and
(3)(b) respond appropriately to an opiate-related drug overdose event, including how to:
(3)(b)(i) administer an opiate antagonist; and
(3)(b)(ii) ensure that an individual to whom an opiate antagonist has been administered receives, as soon as possible, additional medical care and a medical evaluation.

Legislative History

Renumbered and Amended by Chapter 307, 2023 General Session