Bill Text: HI HB2355 | 2016 | Regular Session | Introduced
Bill Title: Opioid Antagonist; Naloxone Hydrochloride; Opioid Overdose; Prevention; Emergency Response; Medical Immunity
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-29 - Referred to HLT, CPC/JUD, FIN, referral sheet 4 [HB2355 Detail]
Download: Hawaii-2016-HB2355-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2355 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OPIOID OVERDOSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Legislature finds that the Hawaii Department of Health reports that accidental poisonings, commonly referred to as drug overdoses, are one of the leading causes of injury-related mortality in Hawaii. Opioid pain relievers, such as oxycodone or hydrocodone, contributed to more than one‐third (35 per cent, or 270) of the 778 drug overdose deaths reported in Hawaii from 2010 through 2014. This may be an underestimate. Public health experts, including the Centers for Disease Control and Prevention and the Substance Abuse and Mental Health Services Administration, recommend increasing access to opioid antagonists, such as naloxone, to prevent overdose-related mortalities. Accordingly, the purpose of this Act is to expand access to opioid antagonists for the purpose of preventing fatal overdoses.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"CHAPTER
OVERDOSE PREVENTION AND EMERGENCY RESPONSE ACT
§ -1 Definitions. As used in this chapter:
"Health care professional" means a person who is authorized to prescribe an opioid antagonist, including but not limited to a physician, physician assistant, or nurse practitioner.
"Opioid antagonist" means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors.
"Opioid-related drug overdose" means a condition including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, 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 an opioid-related drug overdose that requires medical assistance.
§ -2 Immunity. (a) Notwithstanding any other law to the contrary, a health care professional may prescribe and dispense an opioid antagonist to an individual at risk of experiencing an opioid-related overdose or to another person in a position to assist an individual at risk of experiencing an opioid-related overdose. Any prescribing or dispensing of an opioid antagonist pursuant to this chapter shall be regarded as being for a legitimate medical purpose in the usual course of professional practice.
(b) A health care professional who, acting in good faith and with reasonable care, prescribes or dispenses an opioid antagonist pursuant to this chapter shall not be subject to any criminal or civil liability or any professional disciplinary action for:
(1) Prescribing or dispensing the opioid antagonist; and
(2) Any outcomes resulting from the eventual administration of the opioid antagonist.
(d) Notwithstanding any other law to the contrary, any person may lawfully possess an opioid antagonist.
(e) A person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be suffering an opioid-related drug overdose shall be immune from criminal prosecution, sanction under any professional licensing statute, and civil liability, for acts or omissions resulting from the act.
§ -2 Opioid antagonist administration; emergency personnel, first responders. Emergency medical services personnel, police officers, and fire fighters licensed to administer medications may administer an opioid antagonist in cases of an opioid–related drug overdose.
§ -3 Medicaid coverage. The department of human services shall ensure that naloxone hydrochloride for outpatient use is covered by the Medicaid prescription drug program on the same basis as other covered drugs.
§ -4 Naloxone hydrochloride; pharmacy exemption. (a) Naloxone hydrochloride is a pure opioid antagonist and has no agonist properties and, therefore, is not a scheduled drug as provided in title 21 United States Code section 812.
(b) Notwithstanding any other law to the contrary, a pharmacy may store an opioid antagonist without being subject to chapter 328, part I through V, and may dispense an opioid antagonist pursuant to this chapter with or without charge or compensation.
§ -5 Dispensing naloxone hydrochloride without prescription. (a) The board of pharmacy shall adopt standardized protocols for licensed pharmacists to dispense naloxone hydrochloride to patients who do not hold an individual prescription for naloxone hydrochloride.
(b) Notwithstanding any other law to the contrary, a licensed pharmacist may dispense naloxone hydrochloride to any person as long as the pharmacist complies with the protocols adopted pursuant to subsection (a).
§ -6 Unintentional drug overdose; reporting. The department of health shall ascertain, document, and publish an annual report on the number of, trends in, patterns in, and risk factors related to unintentional opioid related drug overdose fatalities occurring each year within the State. The report shall provide information on interventions that would be effective in reducing the rate of fatal or nonfatal drug overdose."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Opioid Antagonist; Naloxone Hydrochloride; Opioid Overdose; Prevention; Emergency Response; Medical Immunity
Description:
Creates immunity for individuals who prescribe, possess, or administer an opioid antagonist such as naloxone hydrochloride during an opioid-related drug overdose. Authorizes emergency personnel/first responders to administer naloxone hydrochloride. Requires Medicaid coverage for naloxone hydrochloride. Exempts pharmacists and pharmacies from licensure and permitting requirements, except for drug storage requirements, for storing and distributing opioid antagonists. Allows pharmacists to dispense naloxone hydrochloride without a prescription.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
