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A2278
ASSEMBLY, No. 2278
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
���� Clarifies authorization for any person or entity to
distribute opioid antidotes.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning opioid antidotes and amending
P.L.2013, c.46.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 4 of P.L.2013,
c.46 (C.24:6J-4) is amended to read as follows:
���� 4. a. (1) A prescriber or
other health care practitioner, as appropriate, may prescribe or dispense an
opioid antidote directly or through a standing order to any person or entity.�
Any person or entity may be dispensed an opioid antidote pursuant to an individual
prescription or a standing order issued by a prescriber, and any person or
entity may be dispensed an opioid antidote by a pharmacy as provided in section
1 of P.L.2017, c.88 (C.45:14-67.2).
���� (2) Nothing in P.L.2013, c.46
(C.24:6J-1 et al.) shall be construed to restrict in any way the ability of any
individual or entity to be dispensed an opioid antidote.� The persons and
entities to whom an opioid antidote may be prescribed and dispensed shall
include private citizens, individuals who are dispensed an opioid antidote for
administration or distribution to others in either a private or professional
capacity, entities that are dispensed opioid antidotes on behalf of individuals
who administer or distribute opioid antidotes to others in the course of their
professional duties, and entities other than a prescriber or pharmacist that
maintain a stock of opioid antidotes for distribution or administration to
others.
���� (3) (Deleted by amendment,
P.L.2021, c.152).
���� (4) (Deleted by amendment,
P.L.2021, c.152).
���� b. (1) A recipient in
possession of an opioid antidote may administer the opioid antidote to any
other person, without fee, in any situation in which the recipient reasonably
believes the other person to be experiencing an opioid overdose.
���� (2) A recipient in possession
of an opioid antidote may distribute the opioid antidote, without fee, to any
other person who the recipient reasonably believes to be at risk of
experiencing an opioid overdose or who the recipient reasonably believes will be
in a position to administer the opioid antidote to a person experiencing an
opioid overdose.� A recipient distributing an opioid antidote to another person
pursuant to this paragraph shall make reasonable efforts to furnish the person
with the overdose prevention information described in section 5 of P.L.2013,
c.46 (C.24:6J-5).� The Commissioner of Health, or, if the commissioner is not a
duly licensed physician, the Deputy Commissioner for Public Health Services,
shall issue a standing order authorizing the distribution of opioid antidotes
pursuant to this paragraph
. �Such standing order shall authorize the
distribution of any opioid antidote
approved
by the
United States Food and Drug Administration
.
� Any program approved by the State for the
distribution of opioid antidotes shall be authorized to distribute any opioid
antidote, as defined in section 3 of P.L.2013, c.46 (C.24:6J-3), that is
approved by the
United States
Food and Drug Administration
.
���� c. (1) A prescriber or other
health care practitioner who prescribes or dispenses an opioid antidote in good
faith, and in accordance with the provisions of this section, shall not, as a
result of the practitioner's acts or omissions, be subject to any criminal or
civil liability, or any professional disciplinary action under Title 45 of the
Revised Statutes, for prescribing or dispensing the opioid antidote.� A
pharmacist that dispenses an opioid antidote in good faith, in accordance with
the provisions of this section or section 1 of P.L.2017, c.88 (C.45:14-67.2),
shall not, as a result of the pharmacist's acts or omissions, be subject to any
criminal or civil liability, or any professional disciplinary action under
Title 45 of the Revised Statutes, for dispensing the opioid antidote.
���� (2)�� A recipient who
administers or distributes an opioid antidote in good faith as provided in
subsection b. of this section shall not, as a result of any of the recipient's
acts or omissions, be subject to any criminal or civil liability, or any
professional disciplinary action, for administering or distributing the opioid
antidote.
���� d.��� (Deleted by amendment,
P.L.2021, c.152).
���� e.���� The immunity provided
by this section for persons who are engaged in prescribing, dispensing,
distributing, or administering an opioid antidote shall be coextensive with the
immunity provided under sections 7 and 8 of P.L.2013, c.46 (C.2C:35-30 and
C.2C:35-31), to the extent that the provisions of those sections apply.
���� f.���� (Deleted by amendment,
P.L.2021, c.152).
���� g.��� (Deleted by amendment,
P.L.2021, c.152).
���� h.��� (Deleted by amendment,
P.L.2021, c.152).
(cf: P.L.2021, c.152, s.3)
���� 2.� This act shall take effect
immediately.
STATEMENT
����
���� The bill clarifies that the
standing order authorizing any person or entity to distribute opioid antidotes
under current law is to authorize the distribution of any opioid antidote approved
by the United States Food and Drug Administration.� The bill provides that any
program approved by the State for the distribution of opioid antidotes will be
authorized to distribute any opioid antidote approved by the United States Food
and Drug Administration.