§ 58-67-702 — Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

(1) As used in this section:

(1)(a) "Dispense" means the same as that term is defined in Section 58-17b-102.
(1)(b) "Increased risk" means the same as that term is defined in Section 26B-4-501.
(1)(c) "Opiate antagonist" means the same as that term is defined in Section 26B-4-501.
(1)(d) "Opiate-related drug overdose event" means the same as that term is defined in Section 26B-4-501.
(1)(e) "Prescribe" means the same as that term is defined in Section 58-17b-102.
(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:

(2)(a) in a good faith effort to assist:
(2)(a)(i) an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(2)(a)(ii) a family member of, friend of, 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 an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(2)(b) to an overdose outreach provider pursuant to Subsection 26B-4-509(2)(a)(iii).
(3) The provisions of this section and Title 26B, Chapter 4, Part 5, Treatment Access, do not establish a duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.

Legislative History

Amended by Chapter 329, 2023 General Session