Naloxone Amendments

72
26B-4-509
26B-4-510
26B-4-511
58-17b-507
58-31b-703
58-67-702
58-68-702
58-69-702
58-70a-505
0
Naloxone Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Matthew H. Gwynn
LONG TITLE
General Description:
This bill extends protections for prescribing, dispensing, furnishing, and administering an
expired
opiate antagonist.
Highlighted Provisions:
This bill:
for administering an
opiate antagonist:
extends immunity from liability for administering an
opiate antagonist in good faith to
include the administration of an expired
opiate antagonist; and
clarifies that immunity includes immunity from a civil action and criminal
prosecution;
provides that a person licensed under Utah law to dispense an
opiate antagonist may
dispense an expired
opiate antagonist;
requires a health care provider who dispenses an
opiate antagonist to an individual or
overdose outreach provider to provide education on the safety, efficacy, and risks of
administering an expired
opiate antagonist;
provides that it is not unlawful or unprofessional conduct for a person who is licensed to
prescribe or dispense an
opiate antagonist to prescribe or dispense an expired
opiate
antagonist;
provides that an overdose outreach provider may furnish an expired
opiate antagonist;
makes technical and conforming changes; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-4-509
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-510
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-511
, as renumbered and amended by Laws of Utah 2023, Chapter 307
58-17b-507
, as last amended by Laws of Utah 2023, Chapter 328
58-31b-703
, as last amended by Laws of Utah 2023, Chapter 329
58-67-702
, as last amended by Laws of Utah 2023, Chapter 329
58-68-702
, as last amended by Laws of Utah 2023, Chapter 329
58-69-702
, as last amended by Laws of Utah 2023, Chapter 329
58-70a-505
, as last amended by Laws of Utah 2023, Chapter 329
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-4-509
is amended to read:
26B-4-509
. Prescribing, dispensing, and administering an opiate antagonist --
Immunity from liability.
(1)
As used in this section, "expired opiate antagonist" means an opiate antagonist that is no
more than 24 months past the month and year of the opiate antagonist's expiration date.
(1)
(2)
(a)
(i)
For purposes of Subsection
(1)(a)(ii)
(2)(a)(ii)
, "a person other than a
health care facility or health care provider" includes the following, regardless of
whether the person has received funds from the department through the Opiate
Overdose Outreach Pilot Program created in Section
26B-4-512
:
(A)
a person described in Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
;
or
(B)
an organization, defined by department rule made under Subsection
26B-4-512(7)(e)
, that is in a position to assist an individual who is at increased
risk of experiencing an opiate-related drug overdose event.
(ii)
Except as provided in Subsection
(1)(b)
(2)(b)
, the following persons are
not
liable for any civil damages
immune from a civil action or criminal prosecution

for acts or omissions made as a result of administering an opiate antagonist when
the person acts in good faith to administer the opiate antagonist
, including an
expired opiate antagonist,
to an individual whom the person believes to be
experiencing an opiate-related drug overdose event:
(A)
an overdose outreach provider; or
(B)
a person other than a health care facility or health care provider.
(b)
A health care provider:
(i)
is not immune from liability under Subsection
(1)(a)
(2)(a)
when the health care
provider is acting within the scope of the health care provider's responsibilities or
duty of care; and
(ii)
is immune from liability under Subsection
(1)(a)
(2)(a)
if the health care
provider is under no legal duty to respond and otherwise complies with Subsection
(1)(a)
(2)(a)
.
(2)
(3)
Notwithstanding Sections
58-1-501
,
58-17b-501
, and
58-17b-502
, a health care
provider who is licensed to prescribe an opiate antagonist may prescribe, including by a
standing prescription drug order issued in accordance with Subsection
26B-4-510(2)
, or
dispense an opiate antagonist
, including an expired opiate antagonist
:
(a)
(i)
to an individual who is at increased risk of experiencing an opiate-related drug
overdose event;
(ii)
for an individual described in Subsection
(2)(a)(i)
(3)(a)(i)
, to a family member,
friend, 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 the
individual; or
(iii)
to an overdose outreach provider for:
(A)
furnishing the opiate antagonist to an individual described in Subsection
(2)(a)(i)
(3)(a)(i)
or
(ii)
, as provided in Section
26B-4-511
; or
(B)
administering to an individual experiencing an opiate-related drug overdose
event;
(b)
without a prescriber-patient relationship; and
(c)
without liability for any civil damages for acts or omissions made as a result of
prescribing or dispensing the opiate antagonist in good faith.
(3)
(4)
A health care provider who dispenses an opiate antagonist to an individual or an
overdose outreach provider under Subsection
(2)(a)
(3)(a)
shall provide education to
the individual or overdose
outreach
provider that includes written instruction on how to:
(a)
recognize an opiate-related drug overdose event; and
(b)
respond appropriately to an opiate-related drug overdose event, including how to:
(i)
administer an opiate antagonist; and
(ii)
ensure that an individual to whom an opiate antagonist has been administered
receives, as soon as possible, additional medical care and a medical evaluation
.
;
and
(c)
the safety, efficacy, and risks of administering an expired opiate antagonist.
Section 2. Section
26B-4-510
is amended to read:
26B-4-510
. Standing prescription drug orders for an opiate antagonist.
(1)
As used in this section, "expired opiate antagonist" means an opiate antagonist that is no
more than 24 months past the month and year of the opiate antagonist's expiration date.
(2)
Notwithstanding
Title 58, Chapter 17b, Pharmacy Practice Act
, a person licensed under
Title 58, Chapter 17b, Pharmacy Practice Act
, to dispense an opiate antagonist may
dispense the opiate antagonist
, including an expired opiate antagonist
:
(a)
pursuant to a standing prescription drug order made in accordance with Subsection
(2)
(3)
; and
(b)
without any other prescription drug order from a person licensed to prescribe an
opiate antagonist.
(2)
(3)
A physician who is licensed to prescribe an opiate antagonist, including a physician
acting in the physician's capacity as an employee of the department, or a medical
director of a local health department, as defined in Section
26B-4-512
26A-1-102
, may
issue a standing prescription drug order authorizing the dispensing of the opiate
antagonist under Subsection
(1)
(2)
in accordance with a protocol that:
(a)
limits dispensing of the opiate antagonist to:
(i)
an individual who is at increased risk of experiencing an opiate-related drug
overdose event;
(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
(iii)
an overdose outreach provider for:
(A)
furnishing to an individual who is at increased risk of experiencing an
opiate-related drug overdose event, or to a family member of, friend of, or
other individual who is in a position to assist an individual who is at increased
risk of experiencing an opiate-related drug overdose event, as provided in
Section
26B-4-511
; or
(B)
administering to an individual experiencing an opiate-related drug overdose
event;
(b)
requires the physician to specify the persons, by professional license number,
authorized to dispense the opiate antagonist;
(c)
requires the physician to review at least annually the dispensing practices of those
authorized by the physician to dispense the opiate antagonist;
(d)
requires those authorized by the physician to dispense the opiate antagonist to make
and retain a record of each person to whom the opiate antagonist is dispensed, which
shall include:
(i)
the name of the person;
(ii)
the drug dispensed; and
(iii)
other relevant information; and
(e)
is approved by the Division of Professional Licensing within the Department of
Commerce by administrative rule made in accordance with
Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
.
Section 3. Section
26B-4-511
is amended to read:
26B-4-511
. Overdose outreach providers.
(1)
As used in this section, "expired opiate antagonist" means an opiate antagonist that is no
more than 24 months past the month and year of the opiate antagonist's expiration date.
(2)
Notwithstanding Sections
58-1-501
,
58-17b-501
, and
58-17b-502
:
(1)
(a)
an overdose outreach provider may:
(a)
(i)
obtain an opiate antagonist dispensed on prescription by:
(i)
(A)
a health care provider, in accordance with Subsections
26B-4-509(2)
and
(3)
; or
(ii)
(B)
a pharmacist or pharmacy intern, as otherwise authorized by
Title 58,
Chapter 17b, Pharmacy Practice Act
;
(b)
(ii)
store the opiate antagonist; and
(c)
(iii)
furnish the opiate antagonist
, including an expired opiate antagonist
:
(i)
(A)
(A)
(I)
to an individual who is at increased risk of experiencing an
opiate-related drug overdose event; or
(B)
(II)
to a family member, friend, overdose outreach provider, or other
individual who is in a position to assist an individual who is at increased
risk of experiencing an opiate-related drug overdose event; and
(ii)
(B)
without liability for any civil damages for acts or omissions made as a
result of furnishing the opiate antagonist in good faith; and
(2)
(b)
when furnishing an opiate antagonist under
this
Subsection
(1)
(2)
, an overdose
outreach provider:
(a)
(i)
shall also furnish to the recipient of the opiate antagonist:
(i)
(A)
the written instruction under Subsection
26B-4-504(3)
26B-4-509(3)

received by the overdose outreach provider from the health care provider at the
time the opiate antagonist was dispensed to the overdose outreach provider; or
(ii)
(B)
if the opiate antagonist was dispensed to the overdose outreach provider
by a pharmacist or pharmacy intern, any written patient counseling under
Section
58-17b-613
received by the overdose outreach provider at the time of
dispensing; and
(b)
(ii)
may provide additional instruction on how to recognize and respond
appropriately to an opiate-related drug overdose event.
Section 4. Section
58-17b-507
is amended to read:
58-17b-507
. Opiate antagonist -- Immunity from liability -- Exclusion from
unlawful or unprofessional conduct.
(1)
As used in this section:
(a)
"Expired opiate antagonist" means an opiate antagonist that is no more than 24
months past the month and year of the opiate antagonist's expiration date.
(a)
(b)
(i)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(ii)
"Opiate antagonist" includes an expired opiate antagonist.
(b)
(c)
"Opiate-related drug overdose event" means the same as that term is defined in
Section
26B-4-501
.
(2)
A person licensed under this chapter that dispenses an opiate antagonist to an individual
with a prescription for an opiate antagonist, to an overdose outreach provider with a
prescription for an opiate antagonist, or pursuant to a standing prescription drug order
issued in accordance with Subsection
26B-4-510(2)
is not liable for any civil damages
resulting from the outcomes of the eventual administration of the opiate antagonist to an
individual who another individual believes is experiencing an opiate-related drug
overdose event.
(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.
(4)
It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to
dispense an opiate antagonist to a person, including a person described in Subsections
26B-4-512(1)(a)(i)(A)
through
(1)(a)(i)(F)
, on behalf of an individual if the person
obtaining the opiate antagonist has a prescription for the opiate antagonist from a
licensed prescriber or the opiate antagonist is dispensed pursuant to a standing
prescription drug order issued in accordance with Subsection
26B-4-510(2)
.
(5)
It is not unprofessional conduct or unlawful conduct for a licensee under this chapter to
dispense an opiate antagonist to an overdose outreach provider if the overdose outreach
provider has a prescription for the opiate antagonist from a licensed prescriber issued
pursuant to Subsection
26B-4-509(2)(a)(iii)
.
Section 5. Section
58-31b-703
is amended to read:
58-31b-703
. Opiate antagonist -- Exclusion from unprofessional or unlawful
conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Expired opiate antagonist" means an opiate antagonist that is no more than 24
months past the month and year of the opiate antagonist's expiration date.
(b)
(c)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
(d)
(i)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(ii)
"Opiate antagonist" includes an expired opiate antagonist.
(d)
(e)
"Opiate-related drug overdose event" means the same as that term is defined in
Section
26B-4-501
.
(e)
(f)
"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:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(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
(b)
to an overdose outreach provider pursuant to Section
26B-4-509
.
(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.
Section 6. Section
58-67-702
is amended to read:
58-67-702
. Opiate antagonist -- Exclusion from unlawful or unprofessional
conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Expired opiate antagonist" means an opiate antagonist that is no more than 24
months past the month and year of the opiate antagonist's expiration date.
(b)
(c)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
(d)
(i)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(ii)
"Opiate antagonist" includes an expired opiate antagonist.
(d)
(e)
"Opiate-related drug overdose event" means the same as that term is defined in
Section
26B-4-501
.
(e)
(f)
"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:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(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
(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.
Section 7. Section
58-68-702
is amended to read:
58-68-702
. Opiate antagonist -- Exclusion from unlawful or unprofessional
conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Expired opiate antagonist" means an opiate antagonist that is no more than 24
months past the month and year of the opiate antagonist's expiration date.
(b)
(c)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
(d)
(i)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(ii)
"Opiate antagonist" includes an expired opiate antagonist.
(d)
(e)
"Opiate-related drug overdose event" means the same as that term is defined in
Section
26B-4-501
.
(e)
(f)
"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:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(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
(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.
Section 8. Section
58-69-702
is amended to read:
58-69-702
. Opiate antagonist -- Exclusion from unlawful or unprofessional
conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Expired opiate antagonist" means an opiate antagonist that is no more than 24
months past the month and year of the opiate antagonist's expiration date.
(b)
(c)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
(d)
(i)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(ii)
"Opiate antagonist" includes an expired opiate antagonist.
(d)
(e)
"Opiate-related drug overdose event" means the same as that term is defined in
Section
26B-4-501
.
(e)
(f)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(2)
The prescribing or dispensing of an opiate antagonist by an individual licensed under
this chapter to engage in the practice of dentistry is not unprofessional or unlawful
conduct if the licensee prescribed or dispensed the opiate antagonist:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(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
(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.
Section 9. Section
58-70a-505
is amended to read:
58-70a-505
. Opiate antagonist -- Exclusion from unlawful or unprofessional
conduct.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"Expired opiate antagonist" means an opiate antagonist that is no more than 24
months past the month and year of the opiate antagonist's expiration date.
(b)
(c)
"Increased risk" means the same as that term is defined in Section
26B-4-501
.
(c)
(d)
(i)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(ii)
"Opiate antagonist" includes an expired opiate antagonist.
(d)
(e)
"Opiate-related drug overdose event" means the same as that term is defined in
Section
26B-4-501
.
(e)
(f)
"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:
(a)
in a good faith effort to assist:
(i)
an individual who is at increased risk of experiencing an opiate-related drug
overdose event; or
(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
(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.
Section 10.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-4-26 3:21 PM