ORS § 689.811

Current through 2024 Regular Session legislation effective April 17, 2024
Section 689.811 - Publicly accessible short-acting opioid antagonist; administration; liability; rules
(1) As used in this section, "kit," "opioid," "opioid overdose" and "short-acting opioid antagonist" have the meanings given those terms in ORS 689.800.
(2) The owner of any building or facility to which the public has legal access may have in the building or facility one or more kits stored in a location in the building or facility easily accessible by members of the public if the kit or kits are obtained pursuant to a standing order issued under ORS 689.808.
(3)
(a) A member of the public may administer the short-acting opioid antagonist contained in a kit described in subsection (2) of this section to an individual experiencing, or who appears to be experiencing, an opioid overdose. The member of the public acting in good faith, if the act does not constitute wanton misconduct, is immune from criminal and civil liability for:
(A) Any act or omission of an act committed during the course of administering the short-acting opioid antagonist under this section; and
(B) Not administering the short-acting opioid antagonist.
(b) The owner and any staff members of a building or facility described in subsection (2) of this section in which a kit, obtained pursuant to a standing order issued under ORS 689.808, is located, are immune from criminal and civil liability for any act or omission of an act committed during the course of the administration of, or for the failure or refusal to administer, the short-acting opioid antagonist contained in the kit located in the building or facility.
(4) The Oregon Health Authority shall publish, on a website operated by or on behalf of the authority, a list of the types of buildings and facilities, and the locations of buildings and facilities, described in subsection (2) of this section, for which the authority prioritizes the provision of kits.
(5) The authority may adopt rules to carry out this section. In adopting rules under this subsection, the authority shall consult with the State Board of Pharmacy.

ORS 689.811

Added by 2023 Ch. 593, § 8