§ 13-21-108.7. Persons Rendering Emergency Assistance Through the Administration of an Opiate Antagonist – Limited Immunity – Legislative Declaration – Definitions

1. Legislative declaration. The general assembly hereby encourages the administration of opiate antagonists for the purpose of saving the lives of people who suffer opiate-related drug overdose events. A person who administers an opiate antagonist to another person is urged to call for emergency medical services immediately.
2. Definitions. As used in this section, unless the context otherwise requires:
   1. “Health-care facility” means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment.
   2. 1. “Health-care provider” means:
         1. A licensed physician, advanced practice nurse who has prescriptive authority pursuant to section 12-255-112, physician assistant, or pharmacist; or
         2. A health maintenance organization licensed and conducting business in this state.
      2. “Health-care provider” does not include a podiatrist, optometrist, dentist, or veterinarian.
   3. “Opiate” has the same meaning as set forth in section 18-18-102 (21), C.R.S.
   4. “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.
   5. “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 an opiate-related drug overdose event; and
      3. Requires medical assistance.
3. General immunity.
   1. A person, other than a health-care provider or a health-care facility, who acts in good faith to furnish or administer an opiate antagonist, including an expired opiate antagonist, to an individual the person believes to be suffering an opiate-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opiate-related overdose event is not liable for any civil damages for acts or omissions made as a result of the act or for any act or omission made if the opiate antagonist is stolen.
   2. This subsection (3) also applies to:
      1. 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 acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b) and, as applicable, section 22-1-119.1; a mental health professional, as defined in section 12-30-110 (7)(b.5); or a unit of local government, as defined in section 29-3.5-101 (4); and
      2. A person who acts in good faith to furnish or administer an opiate antagonist in accordance with section 25-20.5-1001.
4. Licensed prescribers and dispensers.
   1. An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opiate antagonist is not liable for any civil damages resulting from:
      1. Prescribing or dispensing an opiate antagonist in accordance with the applicable law; or
      2. Any outcomes resulting from the eventual administration of the opiate antagonist by a layperson.
   2. Repealed.
5. The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.

Source: L. 2013: Entire section added, (SB 13-014), ch. 178, p. 658, § 3, effective May 10. L. 2015: (2)(b)(I)(A), (2)(e), (3), IP(4)(a), and (4)(a)(I) amended and (4)(b) repealed, (SB 15-053), ch. 78, p. 215, § 8, effective April 3. L. 2019: (3) amended, (SB 19-227), ch. 273, p. 2579, § 6, effective May 23; (2)(b)(I)(A), (3), and IP(4)(a) amended, (HB 19-1172), ch. 136, p. 1663, § 69, effective October 1. L. 2020: (3)(b)(I) amended, (HB 20-1206), ch. 304, p. 1526, § 6, effective July 14; (3)(a) amended, (HB 20-1065), ch. 287, p. 1420, § 4, effective September 14. L. 2021: (3)(b)(I) amended, (SB 21-122), ch. 33, p. 136, § 2, effective April 15.

Editor’s note: Amendments to subsection (3) by SB 19-227 and HB 19-1172 were harmonized.

Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 178, Session Laws of Colorado 2013.