Authority of Licensed Health Practitioners to Prescribe Opioid Antagonists; Immunity From Liability

  1. Law
  2. Georgia Code
  3. Food, Drugs, and Cosmetics
  4. Pharmacists and Pharmacies
  5. Pharmacies
  6. Authority of Licensed Health Practitioners to Prescribe Opioid Antagonists; Immunity From Liability

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  1. As used in this Code section, the term:
    1. "First responder" means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies.
    2. "Harm reduction organization" means an organization which provides direct assistance and services, such as syringe exchanges, counseling, homeless services, advocacy, drug treatment, and screening, to individuals at risk of experiencing an opioid related overdose.
    3. "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.
    4. "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.
    5. "Pain management clinic" means a clinic licensed pursuant to Article 10 of Chapter 34 of Title 43.
    6. "Practitioner" means a physician licensed to practice medicine in this state.
  2. A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may prescribe an opioid antagonist for use in accordance with a protocol specified by such practitioner to a person at risk of experiencing an opioid related overdose or to a pain management clinic, first responder, harm reduction organization, family member, friend, or other person in a position to assist a 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 (b) of this Code section or Code Section 31-1-10.
  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 (b) of this Code section in accordance with the protocol specified by the practitioner or pursuant to Code Section 31-1-10.
  5. The following individuals shall be immune from any civil liability, criminal responsibility, or professional licensing sanctions for the following actions authorized by this Code section:
    1. Any practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section;
    2. 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 (b) of this Code section;
    3. The state health officer acting in good faith and as provided in Code Section 31-1-10; and
    4. Any person acting in good faith, other than a practitioner, who administers an opioid antagonist pursuant to subsection (d) of this Code section.
  6. Every pharmacy in this state shall retain a copy of the standing order issued under Code Section 31-1-10.

(Code 1981, §26-4-116.2, enacted by Ga. L. 2014, p. 683, § 2-2/HB 965; Ga. L. 2017, p. 22, § 4/SB 121; Ga. L. 2017, p. 319, § 3-1/HB 249.)

Editor's notes.

- Ga. L. 2014, p. 683, § 3-1(b)/HB 965, not codified by the General Assembly, provides, in part, that this Code section shall apply to all acts committed on or after April 24, 2014.

Law reviews.

- For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 143 (2017). For article, "MDL and the Allure of Sidestepping Litigation," see 53 Ga. L. Rev. 1287 (2019). For comment, "The Opioid Epidemic: Returning to the Basics," see 70 Mercer L. Rev. 525 (2019).


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