Section 12-30-110 - [Effective Until day following expiration of 90-day period after final adjournment] Prescribing or dispensing opiate antagonists - authorized recipients - definitions(1)(a) A prescriber may prescribe or dispense, directly or in accordance with standing orders and protocols, an opiate antagonist to: (I) An individual at risk of experiencing an opiate-related drug overdose event;(II) A family member, friend, or other person in a position to assist an individual at risk of experiencing an opiate-related drug overdose event;(III) An employee or volunteer of a harm reduction organization;(IV) A law enforcement agency or first responder;(V) A school district, school, or employee or agent of a school;(VI) A person described in section 25-20.5-1001;(VII) A unit of local government;(VIII) An institution of higher education or an employee or agent of the institution of higher education;(IX) A library or an employee or agent of the library;(X) A community service organization or an employee or agent of the community service organization;(XI) A religious organization or an employee or agent of the religious organization;(XII) A local jail or an employee or agent of the local jail;(XIII) A multijurisdictional jail or an employee or agent of the multijurisdictional jail;(XIV) A municipal jail or an employee or agent of the municipal jail;(XV) A correctional facility or an employee or agent of the correctional facility;(XVI) A private contract prison or an employee or agent of the private contract prison;(XVII) A community corrections program or an employee or agent of the community corrections program;(XVIII) A pretrial services program or an employee or agent of the pretrial services program;(XIX) A probation department or an employee or agent of the probation department;(XX) A local public health agency or an employee or agent of the local public health agency; or(XXI) A mental health professional.(b) A person or entity described in subsection (1)(a) of this section may, pursuant to an order or standing orders and protocols:(I) Possess an opiate antagonist;(II) 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(III) Administer an opiate antagonist to an individual experiencing, or who a reasonable person would believe is experiencing, an opiate-related drug overdose event.(2)(a) 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.(b) An entity described in subsection (1)(a) of this section is strongly encouraged to educate employees, agents, and volunteers, as well as persons receiving an opiate antagonist from the entity described in subsection (1)(a) of this section, 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: (a) An individual who is at risk of experiencing an opiate-related drug overdose event;(b) 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(c) A person or entity described in subsection (1)(a) of this section 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.(3.5)(a) Notwithstanding any provision of this title 12 or rules implementing this title 12, a prescriber prescribing or dispensing an opiate antagonist in accordance with this section, other than a pharmacist or other prescriber prescribing and dispensing from a prescription drug outlet or pharmacy, is not required to comply with laws relating to labeling, storage, or record keeping for the opiate antagonist.(b) A prescriber prescribing or dispensing an opiate antagonist exempted from labeling, storage, or record-keeping requirements pursuant to this subsection (3.5): (I) Does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240-121 or 12-255-120, as applicable; and(II) Is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively.(4)(a) 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.(b) A person or entity described in subsection (1)(a) of this section 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: (a) "Community corrections program" has the same meaning as set forth in section 17-27-102 (3).(a.3) "Community service organization" means a nonprofit organization that is in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office that provides services to individuals at risk of experiencing an opiate-related drug overdose event or to the individuals' family members, friends, or other persons in a position to assist the individual.(a.5) "Correctional facility" has the same meaning as set forth in section 17-1-102 (1.7).(a.7) "First responder" means: (I) A peace officer, as defined in section 16-2.5-101;(II) A firefighter, as defined in section 29-5-203 (10);(III) A volunteer firefighter, as defined in section 31-30-1102 (9); or(IV) An emergency medical service provider, as defined in section 25-3.5-103 (8).(b) "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.(b.2) "Institution of higher education" means a public or nonpublic institution that awards any type of postsecondary certificate, degree, or other credential and is located in Colorado.(b.3) "Local jail" has the same meaning as set forth in section 17-1-102 (7).(b.4) "Local public health agency" means an agency established pursuant to section 25-1-506.(b.5) "Mental health professional" means a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under article 245 of this title 12.(b.7) "Multijurisdictional jail" has the same meaning as described in section 17-26.5-101.(b.8) "Municipal jail" has the same meaning as described in section 31-15-401 (1)(j).(c) "Opiate" has the same meaning as set forth in section 18-18-102 (21).(d) "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.(e) "Opiate-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;(II) A layperson would reasonably believe to be caused by an opiate-related drug overdose event; and(III) Requires medical assistance.(f) "Order" has the same meaning as set forth in section 12-280-103 (31).(g) "Pharmacist" means an individual licensed by the state pursuant to article 280 of this title 12 to engage in the practice of pharmacy.(h) "Prescriber" means:(I) A physician or physician assistant licensed pursuant to article 240 of this title 12;(II) An advanced practice registered nurse, as defined in section 12-255-104 (1), or a certified midwife, as defined in section 12-255-104 (3.2), with prescriptive authority pursuant to section 12-255-112; or(h.3) "Pretrial services program" has the same meaning as described in section 16-4-106.(h.7) "Private contract prison" has the same meaning as set forth in section 17-1-102 (7.3).(i) "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.(i.5) "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.(j) "Standing order" means a prescription order written by a prescriber that is not specific to and does not identify a particular patient.(k) "Unit of local government" has the same meaning as set forth in section 29-3.5-101 (4).Amended by 2023 Ch. 303,§ 14, eff. 8/7/2023.Amended by 2023 Ch. 261,§ 29, eff. 5/25/2023.Amended by 2022 Ch. 207, § 1, eff. 8/10/2022.Amended by 2022 Ch. 225, § 12, eff. 7/1/2022.Amended by 2021 Ch. 314, § 31, eff. 9/1/2021.Amended by 2021 Ch. 33, § 1, eff. 4/15/2021.Amended by 2020 Ch. 304, § 5, eff. 7/14/2020.Amended by 2019 Ch. 273, § 14, eff. 10/1/2019.Added by 2019 Ch. 136, § 1, eff. 10/1/2019.(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.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2022 Ch. 207, was passed without a safety clause. See Colo. Const. art. V, § 1(3).This section is set out more than once due to postponed, multiple, or conflicting amendments.