S295 —

2017, c.088 (S295 1R) §1CHAPTER -88 C.45:14-67.2   P.L.2017,An CHAPTERAct 88,concerning approvedoverdose Juneprevention 9,and 2017the Senate,dispensation No.of opioid antidotes and supplementing P.L.2003, c.280 (C.45:14-40 et seq.).

295 (First Reprint)     An Act concerning overdose prevention and the dispensation of opioid antidotes 1[,] and1 supplementing P.L.2003, c.280 (C.45:14-40 et seq.) 1[, and amending P.L.2013, c.46]1.

      C.45:14-67.2  1.   Dispensing 1[(Newof section)]1  a.  Notwithstanding any other law or regulation to the contrary, a pharmacist may dispense 1[or otherwise supply]1 an opioid antidoteantidotes toby anypharmacist; patient, regardless of whether the patient holds an individual prescription 1[therefor;

provideddefinitions. that the pharmacist complies] for the opioid antidote, pursuant to a standing order issued by a prescriber or pursuant to the standing order issued pursuant to subsection b.

of     this1. section.  A pharmacist who dispenses an opioid antidote pursuant to this section shall comply1 with the provisions of the “Overdose Prevention Act,” P.L.2013, c.46 (C.24:6J-1 et 1[seq.] al.1) 1[and, if applicable, the standardized protocols established by the Board of Pharmacy pursuant to this section]1.

    a. b.    1[(1) Within days after the effective date of P.L.    , c.    (C.      ) (pending before the Legislature as this bill), the Board of Pharmacy shall adopt standardized protocols for licensed pharmacists to supply opioid antidotes to patients who do not present an individual prescription therefor.

    Notwithstanding (2)  any Theother standardizedlaw protocolsor establishedregulation pursuant to thisthe subsectioncontrary, shalla bepharmacist consistentmay withdispense thean provisionsopioid antidote to any patient, regardless of whether the “Overdosepatient Preventionholds Act,”an P.L.2013,individual c.46prescription (C.24:6J-1for etthe seq.),opioid andantidote, shallpursuant requireto a licensedstanding pharmacistorder toissued determine,by ina accordanceprescriber withor pursuant to the provisionsstanding oforder issued pursuant to subsection a.b.

of sectionthis 4section.  ofA thepharmacist “Overdosewho Preventiondispenses Act,” P.L.2013, c.46 (C.24:6J-4), and prior to supplying an opioid antidote topursuant a patient without a prescription therefor, that the patient is capable of administering the opioid antidote to anthis overdosesection victim in an emergency] The Commissioner of Health, or, if the commissioner is not a duly licensed physician, the Deputy Commissioner for Public Health Services, shall issue,comply upon request by a pharmacist licensed to practice in this State, a standing order authorizing the pharmacist to dispense an opioid antidote to any patient, regardless of whether the patient holds an individual prescription for the opioid antidote, provided the pharmacist complies with the requirementsprovisions of the “Overdose Prevention Act,” P.L.2013, c.46 (C.24:6J-1 et al.)1.al.).

     b.    The Commissioner of Health, or, if the commissioner is not a duly licensed physician, the Deputy Commissioner for Public Health Services, shall issue, upon request by a pharmacist licensed to practice in this State, a standing order authorizing the pharmacist to dispense an opioid antidote to any patient, regardless of whether the patient holds an individual prescription for the opioid antidote, provided the pharmacist complies with the requirements of the “Overdose Prevention Act,” P.L.2013, c.46 (C.24:6J-1 et al.).

     “Opioid antidote” means naloxone hydrochloride, or any other similarly acting drug approved by the United States Food and Drug Administration for 1self-administrationself-administration for1for the treatment of an opioid overdose.

     “Patient” means 1[a person who is at risk of an opioid overdose or a person who is not at risk of an opioid overdose who, in the person’ssame individualas capacity, obtains an opioid antidote from a pharmacist for the purpose of administering that antidoteterm tois anotherdefined person in ansection emergency,3 in accordance with the provisions of subsectionP.L.2013, d.c.46 (C.24:6J-3).

of     section“Prescriber” 4means of the “Overdose Prevention Act,” P.L.2013, c.46 (C.24:6J-4)] the same as that term is defined in section 3 of P.L.2013, c.46 (C.24:6J-3).

       “Prescriber2.    meansThis theact sameshall astake thateffect termimmediately. is defined in section 3 of P.L.2013, c.46 (C.24:6J-3)1.

       1[2.Approved June 9, 2017.

Section 3 of P.L.2013, c.46 (C.24:6J-3) is amended to read as follows:

     3.    As used in this act:

     "Commissioner" means the Commissioner of Human Services.

     "Drug overdose" means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled dangerous substance or another substance with which a controlled dangerous substance was combined and that a layperson would reasonably believe to require medical assistance.

     "Emergency medical response entity" means an organization, company, governmental entity, community-based program, or healthcare system that provides pre-hospital emergency medical services and assistance to opioid [or heroin addicts or abusers] users in the event of an overdose.

     "Emergency medical responder" means a person, other than a health care practitioner, who is employed on a paid or volunteer basis in the area of emergency response, including, but not limited to, an emergency medical technician acting in that person's professional capacity.

     "Health care practitioner" means a prescriber, pharmacist, or other individual whose professional practice is regulated pursuant to Title 45 of the Revised Statutes, and who, in accordance with the practitioner's scope of professional practice, prescribes or dispenses an opioid antidote.

     "Medical assistance" means professional medical services that are provided to a person experiencing a drug overdose by a health care practitioner, acting within the practitioner's scope of professional practice, including professional medical services that are mobilized through telephone contact with the 911 telephone emergency service.

     "Opioid antidote" means naloxone hydrochloride, or any other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.

     "Patient" means a person who is at risk of an opioid overdose or a person who is not at risk of an opioid overdose who, in the person's individual capacity, obtains an opioid antidote from a health care practitioner, professional, or professional entity for the purpose of administering that antidote to another person in an emergency, in accordance with subsection [c.] d.

of section 4 of P.L.2013, c.46 (C.24:6J-4).  "Patient" includes a professional who is acting in that professional's individual capacity, but does not include a professional who is acting in a professional capacity.

     "Prescriber" means a health care practitioner authorized by law to prescribe medications who, acting within the practitioner's scope of professional practice, prescribes an opioid antidote.  "Prescriber" includes, but is not limited to, a physician, physician assistant, or advanced practice nurse.

     "Professional" means a person, other than a health care practitioner, who is employed on a paid basis or is engaged on a volunteer basis in the areas of substance abuse treatment or therapy, criminal justice, or a related area, and who, acting in that person's professional or volunteer capacity, obtains an opioid antidote from a health care practitioner for the purposes of dispensing or administering that antidote to other parties in the course of business or volunteer activities.  "Professional" includes, but is not limited to, a sterile syringe access program employee, or a law enforcement official.

     "Professional entity" means an organization, company, governmental entity, community-based program, sterile syringe access program, or any other organized group that employs two or more professionals who engage, during the regular course of business or volunteer activities, in direct interactions with opioid [or heroin addicts or abusers] users or other persons susceptible to opioid overdose, or with other persons who are in a position to provide direct medical assistance to opioid [or heroin addicts or abusers] users in the event of an overdose.

     "Recipient" means a patient, professional, professional entity, emergency medical responder, or emergency medical response entity who is prescribed [or] , dispensed , or otherwise supplied, an opioid antidote in accordance with section 4 of P.L.2013, c.46 (C.24:6J-4).

(cf:  P.L.2015, c.10, s.1)]1        1[3.

Section 4 of P.L.2013, c.46 (C.24:6J-4) is amended to read as follows:

     4.    a.  (1)  A prescriber or other health care practitioner, as appropriate, may prescribe or dispense an opioid antidote:

     (a)   directly or through a standing order, to any recipient who is deemed by the health care practitioner to be capable of administering the opioid antidote to an overdose victim in an emergency;

     (b)   through a standing order, to any professional or emergency medical responder who is not acting in a professional or volunteer capacity for a professional entity, or an emergency medical response entity, but who is deemed by the health care practitioner to be capable of administering opioid antidotes to overdose victims, as part of the professional's regular course of business or volunteer activities;

     (c)   through a standing order, to any professional who is not acting in a professional or volunteer capacity for a professional entity, but who is deemed by the health care practitioner to be capable of dispensing opioid antidotes to recipients, for administration thereby, as part of the professional's regular course of business or volunteer activities;

     (d)   through a standing order, to any professional entity or any emergency medical response entity, which is deemed by the health care practitioner to employ professionals or emergency medical responders, as appropriate, who are capable of administering opioid antidotes to overdose victims as part of the entity's regular course of business or volunteer activities;

or      (e)   through a standing order, to any professional entity which is deemed by the health care practitioner to employ professionals who are capable of dispensing opioid antidotes to recipients, for administration thereby, as part of the entity's regular course of business or volunteer activities.

     (2)   Notwithstanding any other law or regulation to the contrary, a licensed pharmacist who is authorized to dispense an opioid antidote pursuant to this subsection may dispense or otherwise supply an opioid antidote to any patient, regardless of whether the patient has an individual prescription therefor;

provided that the patient is deemed to be capable of administering the opioid antidote to an overdose victim in an emergency, and provided, further, that the pharmacist acts in compliance with the standardized protocols established by the Board of Pharmacy, pursuant to section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), when supplying an opioid antidote to a patient who lacks a prescription therefor.

     (3)   (a)  For the purposes of this subsection, whenever the law expressly authorizes or requires a certain type of professional or professional entity to obtain a standing order for opioid antidotes pursuant to this section, such professional, or the professionals employed or engaged by such professional entity, as the case may be, shall be presumed by the prescribing or dispensing health care practitioner to be capable of administering or dispensing the opioid antidote, consistent with the express statutory requirement.