(1) Legislative declaration. The general assembly hereby encourages the administration of opiate antagonists for the purpose of saving the lives of people who suffer opiate-related drug overdose events. A person who administers an opiate antagonist to another person is urged to call for emergency medical services immediately. (2) Definitions. As used in this section, unless the context otherwise requires: (a) “Health-care facility” means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment. (b) Intentionally left blank —Ed. (I) “Health-care provider” means: (A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112 ; a physician assistant; or a pharmacist; or (B) A health maintenance organization licensed and conducting business in this state. (II) “Health-care provider” does not include a podiatrist, optometrist, dentist, or veterinarian. (c) “Opiate” has the same meaning as set forth in section 18-18-102 (21), C.R.S. (d) “Opiate antagonist” means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose. (e) “Opiate-related drug overdose event” means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be an opiate-related drug overdose event; and (III) Requires medical assistance. (3) General immunity. (a) A person, other than a health-care provider or a health-care facility, who acts in good faith to furnish or administer an opiate antagonist, including an expired opiate antagonist, to an individual the person believes to be suffering an opiate-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opiate-related overdose event is not liable for any civil damages for acts or omissions made as a result of the act or for any act or omission made if the opiate antagonist is stolen, defective, or produces an unintended result. (b) This subsection (3) also applies to: (I) A person or entity described in section 12-30-110 (1)(a); except that an employee or agent of a school must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1 ; and (II) A person who acts in good faith to furnish or administer an opiate antagonist in accordance with section 25-20.5-1001 . (4) Licensed prescribers and dispensers. (a) An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opiate antagonist is not liable for any civil damages resulting from: (I) Prescribing or dispensing an opiate antagonist in accordance with the applicable law; or (II) Any outcomes resulting from the eventual administration of the opiate antagonist by a layperson. (b) Repealed. (5) The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.
C.R.S. § 13-21-108.7
Persons rendering emergency assistance through the administration of an opiate antagonist
Digitized from: Public.Law — Colorado Revised Statutes. Reproduced from public-domain Colorado statutes; confirm against the official source for the current text. Not legal advice.