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Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 16-45-5(a)

Summary Title

Liability: Health Care Provider Administering Opioid Antagonist

Summary

A licensed health care provider who is permitted to prescribe opioid antagonists and does prescribe, dispense, or distribute an opioid antagonist will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Licensed health care providers limited liability related to opioid antagonist prescriptions

Full Text

(a) A licensed health care provider who is permitted by law to prescribe drugs, including opioid antagonists, may, if acting in good faith, prescribe and subsequently dispense or distribute an opioid antagonist without being subject to civil liability or criminal prosecution unless prescribing the opioid antagonist was the result of the licensed health care providers gross negligence or willful misconduct.