Opiate overdose emergency treatment.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0042

ENROLLED ACT NO. 50,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to public health and safety; creating the Emergency Administration of Opiate Antagonist Act; providing for prescription and administration of an opiate antagonist drug as specified; granting immunity from criminal or civil liability for specified conduct; providing rulemaking authority; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
‑
24
‑
158
and 35
‑
4
‑
901 through 35
‑
4
‑
9
0
6
are created to read:

33
‑
24
‑
158
.

P
rescription

of
opiate antagonist
by pharmacist
.

(a)

A
pharmacist licensed under this act may
prescribe
an opiate
antagonist
in accordance with

the Emergency Administration of Opiate Antagonist Act
.

(b)

The board, in cooperation with the Wyoming state board of medicine, shall adopt rules specifyin
g the requirements a pharmacist
shall meet in order to prescribe an opiate antagonist.

ARTICLE
9
EMERGENCY ADMINISTRATION OF OPIATE ANTAGONIST ACT

3
5
‑
4
‑
9
01
.

Short title.

This
article
may be cited as the "Emergency Administration of Opiate Antagonist Act."

35
‑
4
‑
9
02
.

Definitions.

(a)

As
used in this article
:

(i)

"Opiate antagonist"
means naloxone hydrochloride,
narcan or any other brand name used for naloxone hydrochloride

approved by the
United States
food and drug administration for the treatment of an opiate related drug overdose;

(ii
)

"
Opiate
related
drug
overdose
"
means
a
condition, including
extreme physical illness,
a
decreased
level of consciousness
or
respiratory depression
resulting from the consumption or use of an opioid, or another substance wit
h which an opioid was combined
,

that a
reasonable
person would believ
e to require medical assistance;

(iii)

"Pharmacist" means any person licensed under Wyoming statutes as a pharmacist and who is
practicing
wit
hin the scope of their license;

(iv
)

"Practitioner" means any person licensed under Wyoming statutes as a physician, physician assistant or advanced practice registered nurse and who is practicing within the scope of their license;

(
v)

"Standing order" means an order transmitted electronically or in writing by a
practitioner
for a drug or device for
a patient or
multiple patients
with whom
no prescriber
‑
patient relationship
exists
.

35
‑
4
‑
9
03
.

Prescription of opiate antagonist
.

(a)

A

practitioner
or a pharma
cist

acting
in good faith and exercising reasonable care may
,
without a
prescriber
‑
patient relationship, prescribe an opiate antagonist to
:

(i)

A person at risk of experiencing an opiate related drug overdose;

(ii)

A person in a position to assist a person at risk of experiencing an opiate related drug overdose;

(iii)

A person who, in the course of the person's official duties or business, may encounter a person experiencing an opiate related drug overdose.

(b)

A
practitioner
or pharmacist
who prescribes an opiate
antagonist under
this article
shall
provide education
to the person

to whom the opiate
antagonist is
prescribed
, which shall include
written instruction on how to
:

(i)

R
ecognize an opiate

related drug overdose;

(ii
)

R
es
pond appropriately to an opiate
related drug overdose event, including how to
administer an opiate antagonist
;

(iii)

E
nsure that a
person
to whom an opiate antagonist has been administered receives, as soon as possible, additional medical care and a medical evaluation.

35
‑
4
‑
904
.

Standing order for opiate antagonist
; drug overdose treatment polic
y
; rules
.

(a)

A
practitioner acting in good faith and exercising reasonable care may
prescribe

by a standing order an opiate antagonist to
an
entity
that, in the course
of the entity's official duties or business,
may be in a position to assist a person experienc
ing
an opiate relate
d
drug overdose
.

(b)

An entity prescribed an opiate antagonist by standing order s
hall
establish a
drug overdose
treatment policy
in accordance with rules adopted by the
department of health. The drug overdose treatment policy shall
:

(i)

Provide for the designation of individuals to receive training and instructional materials on how to recognize and respond to an opiate related drug overdose and e
nsure that a person
to whom an opiate antagonist has been administered receives additional medical care and a medical evaluation;

(ii)

Provide for reporting
to the
department of health
,

in the manner and form prescribed by the department,
all opiate related drug overdoses for which an opiate antagonist is administered.

(c)

The Wyoming state board of medicine and the Wyoming state board of nursing may adopt rules as necessary t
o implement and administer prescription of an opiate antagonist by a standing order
.

35
‑
4
‑
9
0
5
.

Voluntary participation
.

This article
does
not establish a duty or standard of care
for a person

to prescribe or administer an opiate antagonist.

35
‑
4
‑
9
06
.

Administration of an opiate antagonist; i
mmunity from liability
; exemption from unprofessional conduct
; relation to other law
.

(a)

A
person acting in good faith may administer an opiate antagonist to
another person
who appears to be experiencing an
opiate related drug overdose.

(b)

A
person who administers an opi
ate
antagonist

pursuant
to this article

is
personally
immune from civil
or criminal
liability
for any act or omissio
n resulting in damage or injury.

(c)

A
practitioner
or pharmacist who prescribes an opiate antagonist pursuant
to this article is personally immune from civil
or criminal
liability for any act or omission resulting in damage or injury.

(d)

An
entity
that establishes a drug overdose

treatment
policy

pursuant to this article is immune from civil
or criminal
liability for any act or omission
related to the administration
of an opiate antagonist
resulting in damage or injury.

(e)

Prescribing an opiate antagonist
by a
practitioner
or pharmacist
pursuant to this article

shall not

constitute
unprofessional conduct.

(f)

Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act

conflict with any provision of this
article
, this article shall prevail
.

Section 2
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1