Section 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:(a) "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.(b)(I) "Health-care provider" means: (A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112; a physician assistant; or a pharmacist; or(B) A health maintenance organization licensed and conducting business in this state.(II) "Health-care provider" does not include a podiatrist, optometrist, dentist, or veterinarian.(c) "Opiate" has the same meaning as set forth in section 18-18-102 (21), C.R.S.(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 an opiate-related drug overdose event; and(III) Requires medical assistance.(3)General immunity.(a) 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, defective, or produces an unintended result.(b) This subsection (3) also applies to: (I) A person or entity described in section 12-30-110 (1)(a); except that an employee or agent of a school must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and(II) 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.(a) 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: (I) Prescribing or dispensing an opiate antagonist in accordance with the applicable law; or(II) Any outcomes resulting from the eventual administration of the opiate antagonist by a layperson.(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.Amended by 2023 Ch. 261,§ 53, eff. 5/25/2023.Amended by 2022 Ch. 225, §13, eff. 7/1/2022.Amended by 2021 Ch. 33, §2, eff. 4/15/2021.Amended by 2020 Ch. 287, §4, eff. 9/14/2020.Amended by 2020 Ch. 304, §6, eff. 7/14/2020.Amended by 2019 Ch. 136, §69, eff. 10/1/2019.Amended by 2019 Ch. 273, §6, eff. 5/23/2019.Amended by 2015 Ch. 78, §8, eff. 4/3/2015.Added by 2013 Ch. 178, §3, eff. 5/10/2013.L. 2013: Entire section added, (SB 13-014), ch. 658, 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. 215, p. 215, § 8, effective April 3. L. 2019: (3) amended, (SB 19-227), ch. 2579, p. 2579, § 6, effective May 23; (2)(b)(I)(A), (3), and IP(4)(a) amended, (HB 19-1172), ch. 1663, p. 1663, § 69, effective Amendments to subsection (3) by SB 19-227 and HB 19-1172 were harmonized.
For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 178, Session Laws of Colorado 2013.