Oregon Statutes 430.263 – Provision of opioid overdose reversal medication upon release or discharge from facility that provides detoxification services; civil immunity
(1) As used in this section, ‘facility’ means a:
Terms Used In Oregon Statutes 430.263
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(a) Sobering facility registered under ORS § 430.262; or
(b) Facility licensed, certified or otherwise authorized by a public body to provide detoxification services for substance use.
(2) Notwithstanding ORS § 689.800, upon the discharge or release of an individual, a facility shall provide to the individual at least two doses of an opioid overdose reversal medication and the necessary medical supplies to administer the medication if the individual:
(a) Received addiction treatment at the facility for a current opioid use disorder; and
(b) Is discharged or released to an unlicensed private residence or other unlicensed setting.
(3)(a) Except as provided in paragraph (b) of this subsection, a person who is acting in good faith, if the act does not constitute wanton misconduct, is immune from civil liability for any act or omission of an act committed during the course of providing to an individual opioid overdose reversal medications, and the necessary medical supplies to administer the medications, under subsection (2) of this section.
(b) This subsection does not apply to a person involved in the manufacture or sale of opioid overdose reversal medication.
(4) The requirements of subsection (2) of this section do not apply if an individual leaves the facility against the facility’s advice. [2023 c.297 § 4]
430.263 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 430 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section 7, chapter 297, Oregon Laws 2023, provides:
The Oregon Health Authority shall facilitate access to opioid overdose reversal medications and the necessary medical supplies to administer the medications for hospitals licensed under ORS Chapter 441, long term care facilities as defined in ORS § 442.015, facilities as defined in section 4 of this 2023 Act [430.263] and facilities as defined in section 6 of this 2023 Act [443.454] for the purposes of carrying out sections 2 [441.052], 3 [441.698], 4 and 6 of this 2023 Act. [2023 c.297 § 7]