§ 12-30-110. Prescribing or Dispensing Opiate Antagonists – Authorized Recipients – Definitions

1. 1. A prescriber may prescribe or dispense, directly or in accordance with standing orders and protocols, an opiate antagonist to:
      1. An individual at risk of experiencing an opiate-related drug overdose event;
      2. A family member, friend, or other person in a position to assist an individual at risk of experiencing an opiate-related drug overdose event;
      3. An employee or volunteer of a harm reduction organization;
      4. A law enforcement agency or first responder;
      5. A school district, school, or employee or agent of a school;
      6. A person described in section 25-20.5-1001; or
      7. A unit of local government.
   2. A law enforcement agency or first responder; an employee or volunteer of a harm reduction organization; a school district, school, or employee or agent of a school; a person described in section 25-20.5-1001; a mental health professional; or a unit of local government may, pursuant to an order or standing orders and protocols:
      1. Possess an opiate antagonist;
      2. Furnish an opiate antagonist to a family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opiate-related drug overdose event; or
      3. Administer an opiate antagonist to an individual experiencing, or who a reasonable person would believe is experiencing, an opiate-related drug overdose event.
2. 1. A prescriber who prescribes or dispenses an opiate antagonist pursuant to this section is strongly encouraged to educate persons receiving the opiate antagonist on the use of an opiate antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opiate antagonist.
   2. A law enforcement agency, first responder, harm reduction organization, person described in section 25-20.5-1001, mental health professional, or unit of local government is strongly encouraged to educate employees and volunteers, as well as persons receiving an opiate antagonist from the law enforcement agency, first responder, harm reduction organization, person described in section 25-20.5-1001, mental health professional, or unit of local government, on the use of an opiate antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opiate antagonist.
3. A prescriber described in subsection (7)(h) of this section does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240-121, 12-255-120, or 12-280-126, as applicable, if the prescriber issues standing orders and protocols regarding opiate antagonists or prescribes or dispenses, pursuant to an order or standing orders and protocols, an opiate antagonist in a good-faith effort to assist:
   1. An individual who is at risk of experiencing an opiate-related drug overdose event;
   2. A family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opiate-related drug overdose event; or
   3. The following persons in responding to, treating, or otherwise assisting an individual who is experiencing or is at risk of experiencing an opiate-related drug overdose event or a friend, family member, or other person in a position to assist an at-risk individual:
      1. A law enforcement agency or first responder;
      2. An employee or volunteer of a harm reduction organization;
      3. A school district, school, or employee or agent of a school;
      4. A person described in section 25-20.5-1001;
      5. A mental health professional; or
      6. A unit of local government.
4. 1. A prescriber who prescribes or dispenses an opiate antagonist in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively.
   2. A law enforcement agency or first responder; an employee or volunteer of a harm reduction organization; a school district, school, or employee or agent of a school; a person described in section 25-20.5-1001; or a unit of local government acting in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.
5. This section does not establish a duty or standard of care for prescribers regarding the prescribing, dispensing, or administering of an opiate antagonist.
6. Nothing in this section limits or otherwise affects the prescriptive authority of a health-care professional licensed under article 220, 275, 290, or 315 of this title 12.
7. As used in this section:
   1. “First responder” means:
      1. A peace officer, as defined in section 16-2.5-101;
      2. A firefighter, as defined in section 29-5-203 (10); or
      3. A volunteer firefighter, as defined in section 31-30-1102 (9).
   2. “Harm reduction organization” means an organization that provides services, including medical care, counseling, homeless services, or drug treatment, to individuals at risk of experiencing an opiate-related drug overdose event or to the friends and family members of an at-risk individual.
   3. “Mental health professional” means a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor licensed, registered, or certified under article 245 of this title 12.
   4. “Opiate” has the same meaning as set forth in section 18-18-102 (21).
   5. “Opiate antagonist” means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose.
   6. “Opiate-related drug overdose event” means an acute condition, including a decreased level of consciousness or respiratory depression, that:
      1. Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;
      2. A layperson would reasonably believe to be caused by an opiate-related drug overdose event; and
      3. Requires medical assistance.
   7. “Order” has the same meaning as set forth in section 12-280-103 (31).
   8. “Pharmacist” means an individual licensed by the state pursuant to article 280 of this title 12 to engage in the practice of pharmacy.
   9. “Prescriber” means:
      1. A physician or physician assistant licensed pursuant to article 240 of this title 12;
      2. An advanced practice registered nurse, as defined in section 12-255-104 (1), with prescriptive authority pursuant to section 12-255-112; or
      3. A pharmacist.
   10. “Protocol” means a specific written plan for a course of medical treatment containing a written set of specific directions created by a physician, group of physicians, hospital medical committee, pharmacy and therapeutics committee, or other similar practitioners or groups of practitioners with expertise in the use of opiate antagonists.
   11. “School” means an elementary or secondary public or nonpublic school whose governing authority has adopted and implemented a policy pursuant to section 22-1-119.1.
   12. “Standing order” means a prescription order written by a prescriber that is not specific to and does not identify a particular patient.
   13. “Unit of local government” has the same meaning as set forth in section 29-3.5-101 (4).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 774, § 1, effective October 1; (1)(a)(III), (1)(a)(IV), IP(1)(b), (2)(b), IP(3), (3)(c), and (4)(b) amended and (1)(a)(V), (1)(a)(VI), and (7)(i.5) added, (SB 19-227), ch. 273, p. 2583, § 14, effective October 1. L. 2020: IP(1)(b), (2)(b), (3)(c)(III), and (3)(c)(IV) amended and (3)(c)(V) and (7)(b.5) added, (HB 20-1206), ch. 304, p. 1525, § 5, effective July 14. L. 2021: (1)(a)(V), (1)(a)(VI), IP(1)(b), (2)(b), (3)(c)(IV), (3)(c)(V), and (4)(b) amended and (1)(a)(VII), (3)(c)(VI), and (7)(k) added, (SB 21-122), ch. 33, p. 135, § 1, effective April 15; IP(1)(a), (2)(a), IP(3), (4)(a), and (7)(h) amended, (SB 21-094), ch. 314, p. 1943, § 31, effective September 1.

Editor’s note:

1. Subsection (1)(a) is similar to former § 12-36-117.7 (1); subsection (1)(b) is similar to former § 12-42.5-120 (3)(d)(I); subsection (2)(a) is similar to former § 12-36-117.7 (2); subsection (2)(b) is similar to former § 12-42.5-120 (3)(d)(II); subsection (3) is similar to former § 12-36-117.7 (3); subsection (4)(a) is similar to former § 12-36-117.7 (4); subsection (4)(b) is similar to former § 12-42.5-120 (3)(d)(III); subsection (5) is similar to former § 12-36-117.7 (5); and subsection (7) is similar to former § 12-36-117.7 (6), as those sections existed prior to 2019.
2. Before its relocation in 2019, this section was amended in SB 19-227. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-227, chapter 273, Session Laws of Colorado 2019.