MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services
By: Representatives Nelson, Gibbs (72nd), Holloway (27th), James-Jones, Anthony, Butler-Washington, Yates, Mickens
AN ACT TO AMEND SECTION 41-29-319, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "COMMUNITY ORGANIZATION" AND "HIGH-RISK OPIOID OVERDOSE TOUCHPOINT" FOR THE PURPOSE OF THE EMERGENCY RESPONSE AND OVERDOSE PREVENTION ACT; TO AUTHORIZE A PRACTITIONER ACTING IN GOOD FAITH TO DIRECTLY, OR BY STANDING ORDER, PRESCRIBE AN OPIOID ANTAGONIST TO A COMMUNITY ORGANIZATION; TO AUTHORIZE A PERSON ACTING IN GOOD FAITH AND WITH REASONABLE CARE TO ADMINISTER AN OPIOID ANTAGONIST THAT WAS DISTRIBUTED BY A COMMUNITY ORGANIZATION OR HIGH-RISK OPIOID OVERDOSE TOUCHPOINT TO ANOTHER PERSON WHOM HE OR SHE BELIEVES TO BE EXPERIENCING AN OPIOID-RELATED OVERDOSE; TO AUTHORIZE A COMMUNITY ORGANIZATION OR HIGH-RISK OPIOID OVERDOSE TOUCHPOINT TO STORE AND DISTRIBUTE AN OPIOID ANTAGONIST; TO AUTHORIZE A MEMBER OF A COMMUNITY ORGANIZATION OR HIGH-RISK OPIOID OVERDOSE TOUCHPOINT TO ADMINISTER AN OPIOID ANTAGONIST TO ANOTHER PERSON; TO AUTHORIZE THE DEPARTMENT OF HEALTH TO DISTRIBUTE AN OPIOID ANTAGONIST TO ANY MEMBER OF A COMMUNITY ORGANIZATION OR HIGH-RISK OPIOID OVERDOSE TOUCHPOINT UPON A REQUEST MADE IN WRITING BY THE COMMUNITY ORGANIZATION OR HIGH-RISK OPIOID OVERDOSE TOUCHPOINT; TO AUTHORIZE A PERSON TO STORE AN OPIOID ANTAGONIST THAT IS DISTRIBUTED BY A COMMUNITY ORGANIZATION OR HIGH-RISK OPIOID OVERDOSE TOUCHPOINT; TO PROVIDE CERTAIN CRIMINAL AND CIVIL LIABILITY PROTECTION TO A COMMUNITY ORGANIZATION OR HIGH-RISK OPIOID OVERDOSE TOUCHPOINT AND MEMBERS AND PERSONNEL OF SUCH ORGANIZATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-319, Mississippi Code of 1972, is amended as follows:
41-29-319. (1) This section shall be known as the "Emergency Response and Overdose Prevention Act."
(2) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Administer" means the direct application of a drug to the body of an individual by injection, inhalation, ingestion or any other means.
(b) "Community organization" means an organization aimed at making desired improvements to a community's social health, well-being, and overall functioning. "Community organization" may include organizations that participate in social work, and that are related to the organized development of community social welfare through coordination of public and private agencies. Community organizations may exist in geographically, culturally, spiritually, and digitally bounded communities.
( * * *c) "Distribute" means to deliver
an opioid antagonist drug or opioid antagonist device by means other than by administering.
( * * *d) "Education employee" means
an employee of any school district, public charter school, private school, public
or private university, community college or junior college.
(e) "High-risk opioid overdose touchpoint" means a health care entity, public health program, criminal justice system or hospitality industry that may interact with individuals that are considered high risk of experiencing or witnessing an opioid overdose, or deliver harm-reduction services, or engage in treatment of substance use disorders.
( * * *f) "Possess" means to have physical
control or custody of an opioid antagonist.
( * * *g) "Practitioner" means a physician
licensed to practice medicine in this state or any licensed health care provider
who is authorized to prescribe an opioid antagonist.
( * * *h) "Opioid antagonist" means
any drug that binds to opioid receptors and blocks or inhibits the effects of opioids
acting on those receptors and that is approved by the federal Food and Drug Administration
for the treatment of an opioid-related overdose.
( * * *i) "Opioid-related overdose"
means an acute condition, including, but not limited to, extreme physical illness,
decreased level of consciousness, respiratory depression, coma, mania or death,
resulting from the consumption or use of an opioid or another substance with which
an opioid was combined or that a layperson would reasonably believe to be resulting
from the consumption or use of an opioid or another substance with which an opioid
was combined for which medical assistance is required.
( * * *j) "Emergency medical technician"
means an individual who possesses a valid emergency medical technician's certificate
issued under Section 41-59-33.
( * * *k) "Storage" means possession
of an opioid antagonist with the intent to distribute or administer the opioid antagonist.
(3) (a) A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may directly, or by standing order, prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose, or to a registered pain management clinic, community organization, family member, friend or other person in a position to assist such person at risk of experiencing an opioid-related overdose.
(b) A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may issue a standing order to one or more individual pharmacies that authorizes the pharmacy to dispense an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a community organization, family member, friend or other person in a position to assist such person at risk of experiencing an opioid-related overdose, without the person to whom the opioid antagonist is dispensed needing to have an individual prescription.
(4) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists under a prescription or a standing order issued in accordance with subsection (3) of this section. However, before a pharmacist may dispense an opioid antagonist under the authority of subsection (3)(b) of this section, the pharmacist must complete a training program approved by the State Board of Pharmacy on opioid antagonists.
(5) (a) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid-related overdose may administer an opioid antagonist that was prescribed or authorized by a standing order in accordance with subsection (3) of this section.
(b) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid-related overdose may administer an opioid antagonist that was distributed by an education employee, community organization or high-risk opioid overdose touchpoint. Failure of an education employee, community organization or high-risk opioid overdose touchpoint, or a member or personnel of such organization, to act shall not expose such organization, member, or personnel to any criminal or civil liability.
(6) Emergency medical technicians, firefighters and law enforcement officers acting in good faith shall be authorized and permitted to administer an opioid antagonist as clinically indicated. Failure of an emergency medical technician, firefighter or law enforcement officer to act shall not expose such person to any criminal or civil liability.
(7) (a) An education employee, community organization or high-risk opioid overdose touchpoint may store or distribute an opioid antagonist.
(b) An education employee, community organization or high-risk opioid overdose touchpoint may administer an opioid antagonist to another person if the education employee, community organization or high-risk opioid overdose touchpoint:
(i) In good faith, believes the other person is experiencing a drug overdose; and
(ii) Acts with reasonable care in administering the opioid antagonist to the other person.
(c) The Department of Health may distribute an opioid antagonist to any education employee, community organization or high-risk opioid overdose touchpoint upon a request made in writing by the education employee, community organization or high-risk opioid overdose touchpoint.
(d) A person may store an opioid antagonist that is distributed by an education employee, community organization or high-risk opioid overdose touchpoint.
(e) Failure of an education employee, community organization, high-risk opioid overdose touchpoint or a member or personnel of such organization, to act shall not expose such organization, member, or personnel to any criminal or civil liability.
* * *
( * * *8) The following individuals are immune
from any civil or criminal liability or professional licensing sanctions for the
following actions authorized by this section:
(a) Any practitioner who prescribes or issues a standing order for an opioid antagonist in accordance with subsection (3) of this section;
(b) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist under a prescription or standing order issued in accordance with subsection (3) of this section;
(c) (i) Any person other than a practitioner who administers an opioid antagonist in accordance with subsection (5) of this section; and
(ii) Any person other than a practitioner who stores an opioid antagonist distributed by an education employee, community organization or high-risk opioid overdose touchpoint;
(d) Any emergency medical technician, firefighters and law enforcement officers who administers an opioid antagonist in accordance with subsection (6) of this section.
(e) Any education employee, community organization or high-risk opioid overdose touchpoint who stores, distributes or administers an opioid antagonist under subsection (7) of this section.
SECTION 2. This act shall take effect and be in force from and after its passage.