GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2016-17
SENATE BILL 734*
AN ACT AUTHORIZING THE STATE HEALTH DIRECTOR TO prescribe opioid antagonist by means of a STATEWIDE STANDING ORDER, with immunity from civil and criminal liability for such action, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑106.2 is recodified as G.S. 90‑12.7.
SECTION 2. G.S. 90‑12.7, as enacted by Section 1 of this act, reads as rewritten:
"§ 90‑12.7. Treatment of overdose with opioid antagonist; immunity.
(a) As used in this section, "opioid antagonist" means naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.
(b) The following individuals may prescribe an opioid antagonist in the manner prescribed by this subsection:
(1) A practitioner acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antagonist to (i) a person at risk of experiencing an opiate‑related overdose or (ii) a family member, friend, or other person in a position to assist a person at risk of experiencing an opiate‑related overdose. As an indicator of good faith, the practitioner, prior to prescribing an opioid under this subsection, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:
(1)a. The person
seeking the opioid antagonist is at risk of experiencing an opiate‑related
overdose.
(2)b. The person
other than the person who is at risk of experiencing an opiate‑related
overdose, and who is seeking the opioid antagonist, is in relation to the
person at risk of experiencing an opiate‑related overdose:
a.1. A family
member, friend, or other person.
b.2. In the
position to assist a person at risk of experiencing an opiate‑related
overdose.
(2) The State Health Director may prescribe an opioid antagonist pursuant to subdivision (1) of this subsection by means of a statewide standing order.
(b1) A pharmacist may dispense
an opioid antagonist to a person described in subsection (b)subdivision
(b)(1) of this section pursuant to a prescription issued in accordance
with pursuant to subsection (b) of this section. For purposes of
this section, the term "pharmacist" is as defined in G.S. 90‑85.3.
(c) A person who receives an opioid antagonist that was prescribed pursuant to subsection (b) of this section may administer an opioid antagonist to another person if (i) the person has a good faith belief that the other person is experiencing a drug‑related overdose and (ii) the person exercises reasonable care in administering the drug to the other person. Evidence of the use of reasonable care in administering the drug shall include the receipt of basic instruction and information on how to administer the opioid antagonist.
(d) All of the following individuals are immune from any civil or criminal liability for actions authorized by this section:
(1) Any practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this section.
(1a) Any pharmacist who dispenses an opioid antagonist pursuant to subsection (b1) of this section.
(2) Any person who administers an opioid antagonist pursuant to subsection (c) of this section.
(3) The State Health Director acting pursuant to subsection (b) of this section."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 16th day of June, 2016.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 1:22 p.m. this 20th day of June, 2016