HB271: relative to possession and administration of an opioid antagonist for opioid-related overdoses.

CHAPTER 65

HB 271 – FINAL VERSION

18Feb2015… 0112h

2015 SESSION

15-0443

04/01

HOUSE BILL 271

AN ACT relative to possession and administration of an opioid antagonist for opioid-related overdoses.

SPONSORS: Rep. Bouldin, Hills 12; Rep. Herbert, Hills 43; Rep. Hoelzel, Rock 3; Rep. Burt, Hills 39; Rep. Luneau, Merr 10; Rep. Frazer, Merr 13; Rep. Hatch, Coos 6; Rep. Hannon, Straf 25; Rep. Goulette, Hills 23; Rep. Spillane, Rock 2; Sen. Reagan, Dist 17

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill exempts from the provisions of the controlled drug act a health care professional or other person who prescribes, dispenses, distributes, or stores an opioid antagonist, or who administers it to an individual suffering from an apparent opioid-related overdose.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Feb2015… 0112h

15-0443

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to possession and administration of an opioid antagonist for opioid-related overdoses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

65:1 New Paragraph; Controlled Drug Act; Persons and Corporations Exempted. Amend RSA 318-B:15 by inserting after paragraph III the following new paragraph:

IV.(a) A health care professional authorized to prescribe an opioid antagonist may prescribe, dispense, or distribute, directly or by standing order, an opioid antagonist to a person at risk of experiencing an opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid-related overdose. Any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

(b) A person or organization may, if acting pursuant to the provisions of subparagraph (a), store and possess an opioid antagonist, dispense or distribute an opioid antagonist, and administer an opioid antagonist to another person who the person believes is suffering an opioid-related overdose.

(c) No health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an opioid antagonist directly or by standing order and no person who, acting in good faith and with reasonable care, stores, dispenses, or distributes an opioid antagonist or administers an opioid antagonist to another person who the person believes is suffering an opioid-related drug overdose shall be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this paragraph or any outcome resulting from an action authorized by this paragraph.

(d) In this paragraph:

(1) “Opioid antagonist” means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors.

(2) “Opioid-related drug overdose” means 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 another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

65:2 Effective Date. This act shall take effect upon its passage.

Approved: June 2, 2015

Effective Date: June 2, 2015