HB2158112th GA (Historical)Introduced

Amends TCA Title 53; Title 63, Chapter 1, Part 1 and Title 63, Chapter 10.

This bill revises present law provisions regarding opioid antagonists.<br /> <br /> Present law establishes certain requirements regarding the prescribing and administering of opioid antagonists. Present law defines "opioid antagonist” as a naloxone hydrochloride which is approved by the federal food and drug administration for the treatment of a drug overdose. This bill expands the definition to include "other medications" approved by the FDA for the treatment of a drug overdose.<br /> <br /> Under present law, a licensed healthcare practitioner otherwise authorized to prescribe an opioid antagonist may, acting in good faith and exercising reasonable care, directly or by standing order, prescribe an opioid antagonist to the following persons:<br /> <br /> (1) A person at risk of experiencing an opiate related overdose; or<br /> <br /> (2) A family member, friend, or other person in a position to assist a person at risk of experiencing an opiate-related overdose.<br /> <br /> This bill extends the above provision to allow the practitioner to authorize other individuals and organizations to provide an opioid antagonist to the persons listed above in (1) and (2).<br /> <br /> Present law provides that in order to establish good faith under the above-described provisions, a licensed healthcare practitioner, prior to prescribing an opioid antagonist, may require receipt of a written communication that provides a factual basis for a reasonable conclusion that the person seeking the opioid antagonist is at risk of experiencing an opiate-related overdose, or the person seeking the opioid antagonist other than the person who is at risk of experiencing an opiate-related overdose, and who is seeking the opioid antagonist, is a family member, friend, or other person in a position to assist the person at risk of experiencing an opiate-related overdose. This bill rewrites those provisions to instead provide that a person or organization authorized by a healthcare practitioner may receive and store an opioid antagonist and provide the opioid antagonist to a person listed above in (1) and (2).<br /> <br /> Present law provides that evidence of the use of reasonable care in administering the drug must include the receipt of basic instruction and information on how to administer the opioid antagonist, including successful completion of the online overdose prevention education program offered by the department of health. This bill rewrites this provision to instead provide that an individual who receives an opioid antagonist must receive basic instruction and information on how to administer the opioid antagonist. This instruction may be in the form of written materials, verbal instruction, or the online overdose prevention education program offered by the department of health.<br /> <br /> Under present law, the following individuals are immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this provision governing opioid antagonists:<br /> <br /> (1) A licensed healthcare practitioner who prescribes or dispenses an opioid antagonist; and<br /> <br /> (2) A person who administers an opioid antagonist pursuant to present law.<br /> <br /> This bill adds that the immunity provisions will also apply to a person or organization that provides an opioid antagonist, including an expired opioid antagonist. This bill adds to the immunity provision described above in (2) that it will also apply when an expired opioid antagonist is administered.<br /> <br /> Under present law, a licensed healthcare practitioner acting in good faith and with reasonable care, who prescribes, dispenses, or administers an opioid antagonist to a person the healthcare provider believes to be experiencing or is at risk of experiencing a drug-related overdose or prescribes an opioid antagonist to a family member, friend, or other person in a position to assist a person experiencing or at risk of experiencing a drug-related overdose is immune from disciplinary or adverse administrative actions for acts or omissions during the administration, prescription, or dispensation of an opioid antagonist. This bill rewrites this provision to instead provide that a licensed healthcare practitioner acting in good faith and with reasonable care, who prescribes, dispenses, authorizes, or administers an opioid antagonist as permitted by present law as amended by this bill will be immune from disciplinary or adverse administrative actions for acts and omissions during the prescription, dispensation, authorization, or administration of an opioid antagonist.<br /> <br /> This bill authorizes a first responder acting under a standing order to receive and store an opioid antagonist and to provide an opioid antagonist to a person described above.<br />

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Overview

This bill revises present law provisions regarding opioid antagonists.<br /> <br /> Present law establishes certain requirements regarding the prescribing and administering of opioid antagonists. Present law defines "opioid antagonist” as a naloxone hydrochloride which is approved by the federal food and drug administration for the treatment of a drug overdose. This bill expands the definition to include "other medications" approved by the FDA for the treatment of a drug overdose.<br /> <br /> Under present law, a licensed healthcare practitioner otherwise authorized to prescribe an opioid antagonist may, acting in good faith and exercising reasonable care, directly or by standing order, prescribe an opioid antagonist to the following persons:<br /> <br /> (1) A person at risk of experiencing an opiate related overdose; or<br /> <br /> (2) A family member, friend, or other person in a position to assist a person at risk of experiencing an opiate-related overdose.<br /> <br /> This bill extends the above provision to allow the practitioner to authorize other individuals and organizations to provide an opioid antagonist to the persons listed above in (1) and (2).<br /> <br /> Present law provides that in order to establish good faith under the above-described provisions, a licensed healthcare practitioner, prior to prescribing an opioid antagonist, may require receipt of a written communication that provides a factual basis for a reasonable conclusion that the person seeking the opioid antagonist is at risk of experiencing an opiate-related overdose, or the person seeking the opioid antagonist other than the person who is at risk of experiencing an opiate-related overdose, and who is seeking the opioid antagonist, is a family member, friend, or other person in a position to assist the person at risk of experiencing an opiate-related overdose. This bill rewrites those provisions to instead provide that a person or organization authorized by a healthcare practitioner may receive and store an opioid antagonist and provide the opioid antagonist to a person listed above in (1) and (2).<br /> <br /> Present law provides that evidence of the use of reasonable care in administering the drug must include the receipt of basic instruction and information on how to administer the opioid antagonist, including successful completion of the online overdose prevention education program offered by the department of health. This bill rewrites this provision to instead provide that an individual who receives an opioid antagonist must receive basic instruction and information on how to administer the opioid antagonist. This instruction may be in the form of written materials, verbal instruction, or the online overdose prevention education program offered by the department of health.<br /> <br /> Under present law, the following individuals are immune from civil liability in the absence of gross negligence or willful misconduct for actions authorized by this provision governing opioid antagonists:<br /> <br /> (1) A licensed healthcare practitioner who prescribes or dispenses an opioid antagonist; and<br /> <br /> (2) A person who administers an opioid antagonist pursuant to present law.<br /> <br /> This bill adds that the immunity provisions will also apply to a person or organization that provides an opioid antagonist, including an expired opioid antagonist. This bill adds to the immunity provision described above in (2) that it will also apply when an expired opioid antagonist is administered.<br /> <br /> Under present law, a licensed healthcare practitioner acting in good faith and with reasonable care, who prescribes, dispenses, or administers an opioid antagonist to a person the healthcare provider believes to be experiencing or is at risk of experiencing a drug-related overdose or prescribes an opioid antagonist to a family member, friend, or other person in a position to assist a person experiencing or at risk of experiencing a drug-related overdose is immune from disciplinary or adverse administrative actions for acts or omissions during the administration, prescription, or dispensation of an opioid antagonist. This bill rewrites this provision to instead provide that a licensed healthcare practitioner acting in good faith and with reasonable care, who prescribes, dispenses, authorizes, or administers an opioid antagonist as permitted by present law as amended by this bill will be immune from disciplinary or adverse administrative actions for acts and omissions during the prescription, dispensation, authorization, or administration of an opioid antagonist.<br /> <br /> This bill authorizes a first responder acting under a standing order to receive and store an opioid antagonist and to provide an opioid antagonist to a person described above.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
352614662170

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