Liability: Use of Opioid Antagonist
An individual, who, in good faith and with reasonable care, administers an opioid antagonist to a person believed to be suffering from an opioid overdose, or a pharmacist or physician, who, in good faith and with reasonable care, dispenses or prescribes an opioid antagonist, will not be held legally responsible for acting or failing to act. An individual who administers an opioid antagonist must contact emergency personnel immediately.
Opioid antagonist - right of pharmacist or pharmacy technician to sell and dispense - liability - right to possess - duty to contact emergency personnel after administration
1. As used in this section, the following terms shall mean: (1) “Emergency opioid antagonist”, naloxone hydrochloride that blocks the effects of an opioid overdose that is administered in a manner approved by the United States Food and Drug Administration or any accepted medical practice method of administering; (2) “Opioid-related drug overdose”, a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or other substance with which an opioid was combined or a condition that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance. 2. Notwithstanding any other law or regulation to the contrary, any licensed pharmacist in Missouri may sell and dispense an opioid antagonist under physician protocol. 3. A licensed pharmacist who, acting in good faith and with reasonable care, sells or dispenses an opioid antagonist and appropriate device to administer the drug, and the protocol physician, shall not be subject to any criminal or civil liability or any professional disciplinary action for prescribing or dispensing the opioid antagonist or any outcome resulting from the administration of the opioid antagonist. 4. Notwithstanding any other law or regulation to the contrary, it shall be permissible for any person to possess an opioid antagonist. 5. Any person who administers an opioid antagonist to another person shall, immediately after administering the drug, contact emergency personnel. Any person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be suffering an opioid-related overdose shall be immune from criminal prosecution, disciplinary actions from his or her professional licensing board, and civil liability due to the administration of the opioid antagonist.