[Rev. 5/20/2016 4:59:39 PM--2015]

CHAPTER 453C - GOOD SAMARITAN DRUG OVERDOSE ACT

NRS 453C.010        Short title.

NRS 453C.020        Definitions.

NRS 453C.030        “Health care professional” defined.

NRS 453C.040        “Opioid antagonist” defined.

NRS 453C.050        “Opioid-related drug overdose” defined.

NRS 453C.100        Authorization to prescribe, dispense and administer opioid antagonist; immunity from liability and professional discipline.

NRS 453C.110        Authorization to store and dispense opioid antagonist.

NRS 453C.120        Pharmacist authorized to furnish opioid antagonist; adoption of standardized procedures or protocols; training of pharmacists.

NRS 453C.130        Authority of Department of Health and Human Services to study drug overdoses; report.

NRS 453C.140        Authority of Department of Health and Human Services to award grants.

NRS 453C.150        Immunity from certain offenses or mitigation of penalty for certain offenses if medical assistance is sought for overdose.

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      NRS 453C.010  Short title.  This chapter may be cited as the Good Samaritan Drug Overdose Act.

      (Added to NRS by 2015, 110)

      NRS 453C.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 453C.030, 453C.040 and 453C.050 have the meanings ascribed to them in those sections.

      (Added to NRS by 2015, 110)

      NRS 453C.030  “Health care professional” defined.

      1.  “Health care professional” means a physician, a physician assistant or an advanced practice registered nurse.

      2.  As used in this section:

      (a) “Advanced practice registered nurse” has the meaning ascribed to it in NRS 632.012.

      (b) “Physician” means a physician licensed pursuant to chapter 630 or 633 of NRS.

      (c) “Physician assistant” means a physician assistant licensed pursuant to chapter 630 or 633 of NRS.

      (Added to NRS by 2015, 110)

      NRS 453C.040  “Opioid antagonist” defined.  “Opioid antagonist” means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors. The term includes, without limitation, naloxone hydrochloride.

      (Added to NRS by 2015, 111)

      NRS 453C.050  “Opioid-related drug overdose” defined.  “Opioid-related drug overdose” means a condition including, without limitation, extreme physical illness, a 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 an ordinary layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

      (Added to NRS by 2015, 111)

      NRS 453C.100  Authorization to prescribe, dispense and administer opioid antagonist; immunity from liability and professional discipline.

      1.  Notwithstanding any other provision of law, a health care professional otherwise authorized to prescribe an opioid antagonist may, directly or by standing order, prescribe and dispense an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend or other person in a position to assist a person at risk of experiencing an opioid-related drug overdose. Any such prescription must be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

      2.  A person who, acting in good faith and with reasonable care, prescribes or dispenses an opioid antagonist pursuant to subsection 1, is not subject to any criminal or civil liability or any professional disciplinary action for:

      (a) Such prescribing or dispensing; or

      (b) Any outcomes that result from the eventual administration of the opioid antagonist.

      3.  Notwithstanding any other provision of law:

      (a) Any person, including, without limitation, a law enforcement officer, acting in good faith, may possess and administer an opioid antagonist to another person whom he or she reasonably believes to be experiencing an opioid-related drug overdose.

      (b) An emergency medical technician, advanced emergency medical technician or paramedic, as defined in chapter 450B of NRS, is authorized to administer an opioid antagonist as clinically indicated.

      4.  A person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be experiencing an opioid-related drug overdose is immune from criminal prosecution, sanction under any professional licensing statute and civil liability for such act.

      5.  The provisions of this section do not create any duty to prescribe or dispense an opioid antagonist. A person who declines to prescribe or dispense an opioid antagonist is not subject to any criminal or civil liability or any professional discipline for any reason relating to declining to prescribe or dispense the opioid antagonist.

      (Added to NRS by 2015, 111)

      NRS 453C.110  Authorization to store and dispense opioid antagonist.  Notwithstanding any other provision of law, a person acting under a standing order issued by a health care professional who is otherwise authorized to prescribe an opioid antagonist may store an opioid antagonist without being subject to the registration and licensing provisions of chapter 639 of NRS and may dispense an opioid antagonist if those activities are undertaken without charge or compensation.

      (Added to NRS by 2015, 111)

      NRS 453C.120  Pharmacist authorized to furnish opioid antagonist; adoption of standardized procedures or protocols; training of pharmacists.

      1.  Notwithstanding any other provision of law, a registered pharmacist may furnish an opioid antagonist in accordance with standardized procedures or protocols developed and approved by the State Board of Pharmacy pursuant to this section.

      2.  The State Board of Pharmacy may, in consultation with representatives of the Nevada Pharmacist Association, other appropriate professional licensing boards, state agencies and other interested parties, develop standardized procedures or protocols to enable a registered pharmacist and other appropriate entities to furnish an opioid antagonist pursuant to this section.

      3.  Standardized procedures or protocols adopted pursuant to this section must ensure that a person receive education before being furnished with an opioid antagonist pursuant to this section. The education must include, without limitation:

      (a) Information concerning the prevention and recognition of and responses to opioid-related drug overdoses;

      (b) Methods for the safe administration of opioid antagonists to a person experiencing an opioid-related drug overdose;

      (c) Potential side effects and adverse events connected with the administration of opioid antagonists;

      (d) The importance of seeking emergency medical assistance for a person experiencing an opioid-related drug overdose even after the administration of an opioid antagonist; and

      (e) Information concerning the provisions of NRS 453C.150.

      4.  A pharmacist shall, before furnishing an opioid antagonist pursuant to this section, complete a training program on the use of opioid antagonists. The program must include at least 1 hour of approved continuing education on the use of opioid antagonists.

      5.  This section does not:

      (a) Affect any provision of law concerning the confidentiality of medical information.

      (b) Confer any authority on a registered pharmacist to prescribe an opioid antagonist or any other prescription medication or controlled substance.

      (Added to NRS by 2015, 112)

      NRS 453C.130  Authority of Department of Health and Human Services to study drug overdoses; report.

      1.  The Department of Health and Human Services may engage in efforts to ascertain and document the number, trends, patterns and risk factors related to fatalities caused by unintentional opioid-related drug overdoses and other drug overdoses.

      2.  The Department of Health and Human Services may publish an annual report that:

      (a) Presents the information acquired pursuant to subsection 1; and

      (b) Provides information concerning interventions that may be effective in reducing fatal and nonfatal opioid-related drug overdoses and other drug overdoses, including, without limitation, the use of opioid analgesic drugs that contain abuse-deterrent mechanisms and access to such drugs.

      (Added to NRS by 2015, 112)

      NRS 453C.140  Authority of Department of Health and Human Services to award grants.  The Department of Health and Human Services may, within the limits of available money, award grants for:

      1.  Educational programs for the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses;

      2.  Training programs for patients who receive opioid antagonists and for the families and caregivers of such patients concerning the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses;

      3.  Projects to encourage, when appropriate, the prescription and distribution of opioid antagonists; and

      4.  Education and training programs on the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses for members and volunteers of law enforcement agencies and agencies that provide emergency medical services and other emergency services.

      (Added to NRS by 2015, 112)

      NRS 453C.150  Immunity from certain offenses or mitigation of penalty for certain offenses if medical assistance is sought for overdose.

      1.  Notwithstanding any other provision of law, a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating:

      (a) Except as otherwise provided in subsection 4, a provision of chapter 453 of NRS relating to:

             (1) Drug paraphernalia, including, without limitation, NRS 453.554 to 453.566, inclusive;

             (2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393, 453.3395 or 453.3405; or

             (3) Use of a controlled substance, including, without limitation, NRS 453.336;

      (b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.366;

      (c) A restraining order; or

      (d) A condition of the person’s parole or probation,

Ę if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.

      2.  A court, before sentencing a person who has been convicted of a violation of chapter 453 of NRS for which immunity is not provided by this section, shall consider in mitigation any evidence or information that the defendant, in good faith, sought medical assistance for a person who was experiencing a drug or alcohol overdose or other life-threatening emergency in connection with the events that constituted the violation.

      3.  For the purposes of this section, a person seeks medical assistance if the person:

      (a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;

      (b) Assists another person making such a report;

      (c) Provides care to a person who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance; or

      (d) Delivers a person who is experiencing a drug or alcohol overdose or other medical emergency to a medical facility and notifies the appropriate authorities.

      4.  The provisions of this section do not prohibit any governmental entity from taking any actions required or authorized by chapter 432B of NRS relating to the abuse or neglect of a child.

      5.  As used in this section, “drug or alcohol overdose” means a condition, including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma, mania or death which is caused by the consumption or use of a controlled substance or alcohol, or another substance with which a controlled substance or alcohol was combined, or that an ordinary layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.

      (Added to NRS by 2015, 113)