SB 292 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO NALOXONE AND OTHER OPIOID ANTAGONISTS.

(2) “Opioid antagonist” means naloxone or any other opioid antagonist that is approved by the United States Food and Drug Administration for emergency reversal of known or suspected opioid overdose.

(3) “Public safety personnel” means as defined in § 9702 of this title.

§ 3003G.

Department responsibilities.

(a) The Department shall implement and monitor an Opioid Antagonist Access Program that authorizes public safety personnel and members of the public to receive, carry, and administer an opioid antagonist to an individual experiencing a known or suspected opioid overdose.

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05/09/2022 09:31 AM (b) The Department shall implement the Opioid Antagonist Access Program by creating written and uniform treatment protocols and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of naloxone under subsection (a) of this section.

(c) In addition to the standing orders for naloxone under subsection (b) of this section, the Department may create written and uniform treatment protocols and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of other opioid antagonists.

(d) Each treatment protocol and standing order for the administration of an opioid antagonist under this section must be approved and signed by 1 of the following:

(1) The State EMS Medical Director.

(2) The Medical Director, Division of Public Health.

(3) Director of the Division of Public Health.

(e) The Department shall approve 1 or more training programs in the administration of each opioid antagonist for which there is a standing order under this section.

§ 3004G.

Opioid Antagonists;

administration.

An individual who has completed an approved training program under § 3003G of this title may receive, carry, and administer an opioid antagonist to an individual who is believed to be experiencing an opioid overdose.

§ 3005G.

Immunity.

(a) Notwithstanding any other provision of law, the purchase, acquisition, possession, or use of an opioid antagonist under this chapter does not constitute the unlawful practice of a profession or violation of the Uniform Controlled Substances Act, Chapter 47 of this title.

(b) A health-care practitioner who prescribes or dispenses an opioid antagonist, directly or by standing order, must do so in good faith and with reasonable care.

Unless it is established that the health-care practitioner caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a health-care practitioner is not subject to any of the following as a result of prescribing or dispensing an opioid antagonist:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

(c) A pharmacist who dispenses an opioid antagonist under this chapter must do so in good faith and with reasonable care.

Unless it is established that the pharmacist caused injuries or death as a result of unreasonable care, LC :

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05/09/2022 09:31 AM wilfully, wantonly, or by gross negligence, a pharmacist is not subject to any of the following as a result of dispensing an opioid antagonist under this chapter:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

(d) Public safety personnel who, acting in good faith, administers an opioid antagonist under this chapter, is not liable for damages for injuries or death sustained to the individual in connection with administering an opioid antagonist, unless it is established that such injuries or death were caused wilfully, wantonly, recklessly, or by gross negligence on the part of the public safety personnel who administered the opioid antagonist.

(e) A lay individual who administers an opioid antagonist to an individual under this chapter is rendering emergency care and is exempt from liability under § 6801 of this title.

§ 3006G.

Limitations.

Nothing in this chapter mandates that an agency require its public safety personnel to carry or administer an opioid antagonist.

SYNOPSIS An opioid antagonist is a medication approved by the United States Food and Drug Administration (FDA) for emergency reversal of a known or suspected opioid overdose.

Currently, naloxone is the only FDA-approved opioid antagonist, however, the FDA is expected to approve at least 1 new, more powerful opioid antagonist in 2022.

The current naloxone program allows public safety personnel and trained lay people to receive and administer naloxone to individuals suspected of experiencing an opioid overdose.

This Act allows the Department of Health and Social Services to expand the current program to include additional opioid antagonists.

This Act also makes technical corrections to reflect that advance practice registered nurses have the authority to prescribe medication and to conform existing law to the standards of the Delaware Legislative Drafting Manual as follows:

1.

Reorganizing the current Chapter 30G of Title 16 from a single Code section to a chapter with several Code sections so that similar provisions are grouped together.

2.

Using consistent phrases and terminology.

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