Senate Bill 2367

(As Passed the Senate)

AN ACT ENTITLED THE "EMERGENCY RESPONSE AND OVERDOSE PREVENTION ACT"; TO AUTHORIZE HEALTH CARE PROVIDERS TO PRESCRIBE AND ADMINISTER AN OPIOID ANTAGONIST TO PERSON AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE AND TO PROVIDE CIVIL OR CRIMINAL IMMUNITY FOR SUCH ACTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known as the "Emergency Response and Overdose Prevention Act."

SECTION 2. (1) As used in this section, the term:

(a) "Practitioner" means a physician licensed to practice medicine in this state or any licensed healthcare provider who is authorized to prescribe an opioid antagonist.

(b) "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.

(c) "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.

(d) "Emergency medical technician" means an individual who possesses a valid emergency medical technician's certificate issued pursuant to Section 41-59-3.

(2) 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, family member, friend, or other person in a position to assist such person at risk of experiencing an opioid-related overdose.

(3) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists pursuant to a prescription issued in accordance with subsection (2) of this section.

(4) 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 pursuant to subsection (2) of this section.

(5) Emergency medical technicians acting in good faith shall be authorized and permitted to administer an opioid antagonist as clinically indicated.

(6) 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 an opioid antagonist pursuant to subsection (2) 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 pursuant to a prescription issued in accordance with subsection (2) of this section;

(c) Any person other than a practitioner who administers an opioid antagonist pursuant to subsection (4) of this section; and

(d) Any emergency medical technician who administers an opioid antagonist pursuant to subsection (5) of this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015, and shall apply to all acts committed on or after such date.