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Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 16-45-5(c)-(d)

Summary Title

Liability: Administering Opioid Antagonist

Summary

An individual in possession of an opioid antagonist and administers the opioid antagonist to a person they believe, in good faith, is suffering from an opioid-related overdose will not be held legally responsible. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. The individual must seek immediate medical treatment for the person suspected of overdosing.

Full Title

Licensed health care providers limited liability related to opioid antagonist prescriptions

Full Text

(c) Any person who possesses an opioid antagonist and administers it to a person whom they believe to be suffering from an opioid-related overdose and who is acting in good faith is not, as a result of his or her actions or omissions, subject to criminal prosecution arising from the possession of an opioid antagonist or subject to any civil liability with respect to the administration of or failure to administer the opioid antagonist unless the act or failure to act was the result of gross negligence or willful misconduct. (d) Any person who administers an opioid antagonist to a person whom they believe to be suffering from an opioid-related overdose is required to seek additional medical treatment at a medical facility for that person immediately following the administration of the opioid antagonist to avoid further complications as a result of suspected opioid-related overdose.