Possession and administration of opioid antagonists — immunity.

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135.190 Possession and administration of opioid antagonists — immunity.

1. For purposes of this section, unless the context otherwise requires:

a. “Licensed health care professional” means the same as defined in section 280.16.

b. “Opioid antagonist” means the same as defined in section 147A.1.

c. “Opioid-related overdose” means the same as defined in section 147A.1.

d. “Person in a position to assist” means a family member, friend, caregiver, health care provider, employee of a substance abuse treatment facility, or other person who may be in a place to render aid to a person at risk of experiencing an opioid-related overdose.

2. a. Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist to a person in a position to assist.

b. (1) Notwithstanding any other provision of law to the contrary, a pharmacist licensed under chapter 155A may, by standing order or through collaborative agreement, dispense, furnish, or otherwise provide an opioid antagonist to a person in a position to assist.

(2) A pharmacist who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative agreement shall provide instruction to the recipient in accordance with any protocols and instructions developed by the department under this section.

3. A person in a position to assist may possess and provide or administer an opioid antagonist to an individual if the person in a position to assist reasonably and in good faith believes that such individual is experiencing an opioid-related overdose.

4. A person in a position to assist or a prescriber of an opioid antagonist who has acted reasonably and in good faith shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an opioid antagonist as provided in this section.

5. The department may adopt rules pursuant to chapter 17A to implement and administer this section.

2016 Acts, ch 1061, §1; 2016 Acts, ch 1139, §68 – 70, 72 – 75

Referred to in §155A.27


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