Bill Text: HI SB302 | 2015 | Regular Session | Amended
Bill Title: Opioid Antagonist; Naloxone Hydrochloride; Drug Overdose; Prevention; Emergency Response; Medical Immunity; Appropriation ($)
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2015-02-20 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB302 Detail]
Download: Hawaii-2015-SB302-Amended.html
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THE SENATE |
S.B. NO. |
302 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DRUG OVERDOSE PREVENTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 Immunity. (a) The following definitions apply throughout this section:
"Health care professional" includes but is not limited to a physician, physician assistant, or nurse practitioner who is authorized to prescribe an opioid antagonist.
"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.
(b) Notwithstanding any other law or regulation, a health care professional otherwise authorized to prescribe an opioid antagonist may, directly or by standing order, prescribe, dispense, and distribute 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 such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.
(c) A health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an opioid antagonist shall not be subject to any criminal or civil liability or any professional disciplinary action for:
(1) Prescribing, dispensing, or distributing the opioid antagonist; and
(2) Any outcomes resulting from the eventual administration of the opioid antagonist.
(d) Notwithstanding any other law or regulation, 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. By January 1, 2016, every emergency medical technician licensed and registered in Hawaii shall be authorized to administer an opioid antagonist as clinically indicated.
§ -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) Prescription orders for naloxone hydrochloride are exempt from the pharmacy license requirements and pharmacy permit requirements of chapter 461.
(b) Notwithstanding any other law or regulation, a person or organization acting under a standing order issued by a health care professional licensed under chapter 453 who is otherwise authorized to prescribe an opioid antagonist may store an opioid antagonist without being subject to chapter 328 except part VII and may dispense an opioid antagonist without charge or compensation.
§ -5 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 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.
§ -6 Drug overdose recognition, prevention, and response. The department of health shall provide or establish the following:
(1) Education on drug overdose prevention, recognition, and response, including naloxone hydrochloride administration;
(2) Training on drug overdose prevention, recognition, and response, including naloxone hydrochloride administration, for patients receiving opioids and their families and caregivers;
(3) Naloxone hydrochloride prescription and distribution projects; and
(4) Education and training projects on drug overdose response and treatment, including naloxone hydrochloride administration, for emergency services and law enforcement personnel, including volunteer fire and emergency services personnel."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for drug overdose recognition, prevention, and response, including the distribution and administration of naloxone hydrochloride, as described in section -6, Hawaii Revised Statutes, pursuant to section 1 of this Act.
The sums appropriated shall be expended by the department of health for the purposes of this Act.
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 shall take effect on July 1, 2015.
Report Title:
Opioid Antagonist; Naloxone Hydrochloride; Drug Overdose; Prevention; Emergency Response; Medical Immunity; Appropriation
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 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. Makes an appropriation for drug overdose recognition, prevention, and response, including the distribution and administration of naloxone hydrochloride. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
