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HB2697 - 572R - H Ver
House Engrossed
expired opioid
antagonists; use
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2697
AN
ACT
Amending sections 32-1979, 36-192,
36-798.51, 36-2266 and 36-2267, Arizona Revised Statutes;
relating to substance use.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1979, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-1979.
Pharmacists; dispensing opioid antagonists; immunity; definition
A. A pharmacist may dispense, pursuant to a standing
order issued pursuant to section 36-2266, naloxone hydrochloride or any
other opioid antagonist that is approved by the United States food and drug
administration for a person who is at risk of experiencing an opioid-related
overdose or to a family member or community member who is in a position to
assist that person.
B. A pharmacist who dispenses naloxone hydrochloride
or any other opioid antagonist pursuant to subsection A of this section shall
instruct the individual to whom the opioid antagonist is dispensed to summon
emergency services as soon as practicable after administering the opioid
antagonist.
C. This section does not affect the authority of a
pharmacist to fill or refill a prescription for naloxone hydrochloride or any
other opioid antagonist that is approved by the United States food and drug
administration.
D. A pharmacist MAY PROVIDE, WITHOUT
COMPENSATION, A KIT THAT CONTAINS NALOXONE HYDROCHLORIDE OR ANY OTHER OPIOID
ANTAGONIST THAT IS APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION
to TREAT A DRUG OVERDOSE, INCLUDING ANY EXPIRED OPIOID ANTAGONIST, TO A PERSON
WHO IS AT RISK OF EXPERIENCING OR WHO IS EXPERIENCING AN OPIOID-RELATED
OVERDOSE.
D.
E. fOR
THE PURPOSEs OF SECTION 36-2267, SUBSECTION b TO ADDRESS OPIOID OVERDOSE
EMERGENCIES,
a pharmacist who dispenses an opioid antagonist
OR PROVIDES any expired opioid antagonist
pursuant to this
section is immune from professional liability and criminal prosecution for any
decision made, act or omission or injury that results from that act if the
pharmacist acts with reasonable care and in good faith, except in cases of
wanton or wilful neglect.
F. For the purposes of this section,
"expired opioid antagonist" means an opioid antagonist that is
NOT MORE than
three years
past
the
opioid antagonist's expiration date.
END_STATUTE
Sec. 2. Section 36-192, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-192.
County health departments; naloxone kits; definition
A.
The department and the
Arizona health care cost containment system shall continue to distribute
naloxone kits as necessary. In addition, a county health department may provide
to a person who is at risk of experiencing or who is experiencing an opioid-related
overdose a kit that contains naloxone hydrochloride or any other opioid
antagonist
, including any expired opioid antagonist,
that
is approved by the United States food and drug administration for the treatment
of a drug overdose.
B. For the purposes of this section,
"expired opioid antagonist" means an opioid antagonist that is
not more than
three years
past
the
opioid antagonist's expiration date.
END_STATUTE
Sec. 3. Section 36-798.51, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-798.51.
Overdose and disease prevention programs; requirements;
standards; definition
A. A city, town, county or nongovernmental
organization, including a local health department or an organization that
promotes scientifically proven ways of mitigating health risks associated with
drug use and other high-risk behaviors, or any combination of these
entities, may establish and operate an overdose and disease prevention
program. A program established pursuant to this section shall have
all of the following objectives:
1. To reduce the spread of viral hepatitis, HIV and
other bloodborne diseases in this state.
2. To reduce needle-stick injuries to law
enforcement officers and other emergency personnel.
3. To encourage individuals who inject drugs to
enroll in evidence-based treatment.
4. To increase proper disposal of used syringes.
5. To reduce the occurrence of skin and soft tissue
wounds and infections related to injection drug use.
B. A program established pursuant to this section
shall offer all of the following:
1. Disposal of used needles and hypodermic syringes.
2. Needles, hypodermic syringes and other injection
supply items at no cost and in quantities sufficient to ensure that needles,
hypodermic syringes and other injection supply items are not shared or reused.
3. Educational materials on all of the following:
(a) Overdose prevention.
(b) Peer support services.
(c) The prevention of HIV, viral hepatitis
transmission and the incidence of skin and soft tissue wounds and infections.
(d) Treatment for mental illness, including
treatment referrals.
(e) Treatment for substance use disorder, including
referrals for substance use disorder treatment.
4. Access to kits that contain naloxone
hydrochloride or any other opioid antagonist
, including any
expired opioid antagonist,
that is approved by the United States food
and drug administration to treat a drug overdose, or referrals to programs that
provide access to naloxone hydrochloride or any other opioid antagonist
, including any expired opioid antagonist,
that is approved by
the United States food and drug administration to treat a drug overdose.
5. For each individual who requests services,
personal consultations from a program employee or volunteer concerning mental
health or substance use disorder treatment or referrals for evidence-based
substance use disorder treatment, as appropriate.
C. A program established pursuant to this section
shall develop standards for distributing and disposing of needles and
hypodermic syringes based on scientific evidence and best
practices. The number of needles and hypodermic syringes disposed of
through a program shall be at least equivalent to the number of needles and
hypodermic syringes distributed through the program.
D. For the purposes of this section,
"expired opioid antagonist" means an opioid antagonist that is
not more than
three years
past
the
opioid antagonist's expiration date.
END_STATUTE
Sec. 4. Section 36-2266, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-2266.
Prescribing and dispensing; immunity; definitions
A. A physician who is licensed pursuant to title 32,
chapter 13 or 17, a nurse practitioner licensed pursuant to title 32, chapter
15 and authorized by law to prescribe drugs or any other health professional
who has prescribing authority and who is acting within the health
professional's scope of practice may prescribe or dispense, directly or by a
standing order, naloxone hydrochloride or any other opioid antagonist that is
approved by the United States food and drug administration for use according to
the protocol specified by the physician, nurse practitioner or other health
professional to a person who is at risk of experiencing an opioid-related
overdose, to a family member of that person, to a community organization that
provides services to persons who are at risk of an opioid-related overdose or
to any other person who is in a position to assist a person who is at risk of
experiencing an opioid-related overdose.
B. A physician, nurse practitioner or other health
professional who prescribes or dispenses naloxone hydrochloride or any other
opioid antagonist pursuant to subsection A of this section shall instruct the
individual to whom the opioid antagonist is dispensed to summon emergency
services as soon as practicable, either before or after administering the
opioid antagonist.
C. A physician, a nurse practitioner
or any other health professional who is licensed in this state MAY PROVIDE,
WITHOUT COMPENSATION, A KIT THAT CONTAINS NALOXONE HYDROCHLORIDE OR ANY OTHER
OPIOID ANTAGONIST THAT IS APPROVED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION to TREAT A DRUG OVERDOSE, INCLUDING ANY EXPIRED OPIOID
ANTAGONIST, TO A PERSON WHO IS AT RISK OF EXPERIENCING OR WHO IS EXPERIENCING
AN OPIOID-RELATED OVERDOSE.
C.
D.
Except
in cases of gross negligence, wilful misconduct or intentional wrongdoing, a
physician, nurse practitioner or other health professional who in good faith
prescribes or dispenses an opioid antagonist
or provides an
expired opioid antagonist
for the purposes of section 36-2267,
subsection B to address opioid overdose emergencies
pursuant to
subsection A of this section is immune from professional liability and criminal
prosecution for any decision made, act or omission or injury that results from
that act if the physician, nurse practitioner or other health professional acts
with reasonable care and in good faith
.
D.
E.
For
the purposes of this section
:
,
1. "Expired opioid
antagonist" means an opioid antagonist that is
not
more than
three years
past the
opioid antagonist's expiration date.
2.
"Person" includes
an employee of a school district or charter school who is acting in the
person's official capacity.
END_STATUTE
Sec. 5. Section 36-2267, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-2267.
Administration of opioid antagonist; exemption from civil
liability; definitions
A. A person may administer an opioid antagonist
, including any expired opioid antagonist,
that
is prescribed or dispensed pursuant to section 32-1979 or 36-2266
in accordance with the protocol specified by the physician, nurse practitioner,
pharmacist or other health professional or that is received from a county
health department pursuant to section 36-192
to a person who is
experiencing an opioid-related overdose.
B. A person who in good faith and without
compensation administers an opioid antagonist
, including any
expired opioid antagonist,
to a person who is experiencing an opioid-related
overdose is not liable for any civil or other damages as the result of any act
or omission by the person rendering the care or as the result of any act or
failure to act to arrange for further medical treatment or care for the person
experiencing the overdose, unless the person while rendering the care acts with
gross negligence, wilful misconduct or intentional wrongdoing.
C. For the purposes of this section
:
,
1. "Expired opioid
antagonist" means an opioid antagonist that is
not
more than
three years
past the
opioid antagonist's expiration date.
2.
"Person" includes
an employee of a school district or charter school who is acting in the
person's official capacity.
END_STATUTE