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SB 23: "An Act relating to immunity for prescribing, providing, or administering opioid overdose drugs."

00                             SENATE BILL NO. 23                                                                          
01 "An Act relating to immunity for prescribing, providing, or administering opioid                                        
02 overdose drugs."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 09.65 is amended by adding a new section to read:                                                  
05            Sec. 09.65.340. Immunity for prescribing, providing, or administering an                                   
06       opioid overdose drug. (a) Except as provided in (c) of this section, a person is not                            
07       liable for civil damages resulting from an act or omission in prescribing or providing                            
08       an opioid overdose drug to a person at risk of experiencing an opioid overdose or to a                            
09       family member, friend, caregiver, or other person in a position to administer an opioid                           
10       overdose drug to a person at risk of experiencing an opioid overdose if                                           
11                 (1)  the person                                                                                         
12                      (A)  prescribing or providing the opioid overdose drug is a                                        
13            health care provider; or                                                                                     
14                      (B)  providing the opioid overdose drug is an employee or                                          
01            volunteer of an opioid overdose program; and                                                                 
02                 (2)  each person to whom the opioid overdose drug is prescribed or                                      
03       provided has been educated and trained in the proper emergency use and                                            
04       administration of the opioid overdose drug by the health care provider or the opioid                              
05       overdose program.                                                                                                 
06            (b)  Except as provided in (c) of this section, a person who administers an                                  
07       opioid overdose drug to another person who the person reasonably believes is                                      
08       experiencing an opioid overdose emergency is not liable for civil damages resulting                               
09       from an act or omission in the emergency administration of the opioid overdose drug                               
10       if the person                                                                                                     
11                 (1)  was prescribed or provided the opioid overdose drug by a health                                    
12       care provider or an opioid overdose program; and                                                                  
13                 (2)  received education and training in the proper emergency use and                                    
14       administration of the opioid overdose drug by the health care provider or the opioid                              
15       overdose program.                                                                                                 
16            (c)  This section does not preclude liability for civil damages that are the result                          
17       of gross negligence or reckless or intentional misconduct.                                                        
18            (d)  In this section,                                                                                        
19                 (1)  "health care provider" means a licensed physician, advanced nurse                                  
20       practitioner, physician assistant, village health aide, or pharmacist operating within the                        
21       scope of the health care provider's authority;                                                                    
22                 (2)  "opioid" includes the opium and opiate substances and opium and                                    
23       opiate derivatives listed in AS 11.71.140;                                                                        
24                 (3)  "opioid overdose drug" means a drug that reverses in whole or part                                 
25       the pharmacological effects of an opioid overdose;                                                                
26                 (4)  "opioid overdose program" means a program operated or otherwise                                    
27       funded by the federal government, the state, or a municipality that provides opioid                               
28       overdose drugs to persons at risk of experiencing an opioid overdose or to a family                               
29       member, friend, or other person in a position to assist a person at risk of experiencing                          
30       an opioid overdose.