CSSB 23(JUD): "An Act relating to opioid overdose drugs and to immunity for prescribing, providing, or administering opioid overdose drugs."
00 CS FOR SENATE BILL NO. 23(JUD) 01 "An Act relating to opioid overdose drugs and to immunity for prescribing, providing, 02 or administering opioid 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 that provides opioid 27 overdose drugs to persons at risk of experiencing an opioid overdose or to a family 28 member, friend, or other person in a position to assist a person at risk of experiencing 29 an opioid overdose. 30 * Sec. 2. AS 17.20 is amended by adding a new section to read: 31 Sec. 17.20.085. Opioid overdose drugs. (a) Notwithstanding a provision or
01 rule of law to the contrary, a health care provider authorized to prescribe an opioid 02 overdose drug may prescribe an opioid overdose drug directly or by standing order or 03 protocol to a person at risk of experiencing an opioid overdose or to a family member, 04 friend, caregiver, or other person in a position to administer an opioid overdose drug 05 to a person at risk of experiencing an opioid overdose. 06 (b) An employee or volunteer of an opioid overdose program, if acting under a 07 standing order or protocol under (a) of this section, notwithstanding a provision or rule 08 of law to the contrary, may receive a supply of opioid overdose drugs, possess opioid 09 overdose drugs, and provide an opioid overdose drug to a person at risk of 10 experiencing an opioid overdose or to a family member, friend, caregiver, or other 11 person in a position to administer an opioid overdose drug to a person at risk of 12 experiencing an opioid overdose. 13 (c) In this section, 14 (1) "health care provider" means a licensed physician, advanced nurse 15 practitioner, physician assistant, village health aide, or pharmacist operating within the 16 scope of the health care provider's authority; 17 (2) "opioid" includes the opium and opiate substances and opium and 18 opiate derivatives listed in AS 11.71.140; 19 (3) "opioid overdose drug" means a drug that reverses in whole or part 20 the pharmacological effects of an opioid overdose; 21 (4) "opioid overdose program" means a program that provides opioid 22 overdose drugs to persons at risk of experiencing an opioid overdose or to a family 23 member, friend, or other person in a position to assist a person at risk of experiencing 24 an opioid overdose.