Oregon Statutes 689.800 – Opioid overdose; treatment; administration of short-acting opioid antagonist; liability; rules
(1) As used in this section:
Terms Used In Oregon Statutes 689.800
- Administer: means the direct application of a drug or device whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(a) A practitioner or the practitioner's authorized agent; or
(b) The patient or research subject at the direction of the practitioner. See Oregon Statutes 689.005
- dispensing: means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug. See Oregon Statutes 689.005
- Distribute: means the delivery of a drug other than by administering or dispensing. See Oregon Statutes 689.005
- Person: means an individual, corporation, partnership, association or other legal entity. See Oregon Statutes 689.005
- Pharmacist: means an individual licensed by this state to engage in the practice of pharmacy or to engage in the practice of clinical pharmacy. See Oregon Statutes 689.005
- Pharmacy: means a place that meets the requirements of rules of the board, is licensed and approved by the board where the practice of pharmacy may lawfully occur and includes apothecaries, drug stores, dispensaries, hospital outpatient pharmacies, pharmacy departments and prescription laboratories but does not include a place used by a manufacturer or wholesaler. See Oregon Statutes 689.005
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) ‘Kit’ means a package of one or more doses of a short-acting opioid antagonist and the necessary medical supplies to administer the short-acting opioid antagonist.
(b) ‘Opioid’ means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the body and brain to reduce the intensity of pain signals and feelings of pain.
(c) ‘Opioid overdose’ means a medical condition that causes depressed consciousness, depressed respiratory function or the impairment of vital bodily functions as a result of ingesting opioids.
(d) ‘Short-acting opioid antagonist’ means any short-acting drug approved by the United States Food and Drug Administration for the complete or partial reversal of an opioid overdose.
(2) Notwithstanding any other provision of law, a pharmacy, a health care professional, a pharmacist with prescription and dispensing privileges, a law enforcement officer, a firefighter, an emergency medical services provider or any other person designated by the State Board of Pharmacy by rule may:
(a) Distribute and administer a short-acting opioid antagonist and distribute the necessary medical supplies to administer the short-acting opioid antagonist;
(b) Distribute multiple kits to:
(A) An individual who has experienced an opioid overdose or is likely to experience an opioid overdose;
(B) Family members of an individual described in subparagraph (A) of this paragraph; and
(C) Any other individual who requests one or more kits; and
(c) Distribute multiple kits to social service agencies under ORS § 689.804 or to other persons who work with individuals who have experienced an opioid overdose. The social services agencies or other persons may redistribute the kits to individuals likely to experience an opioid overdose or to family members of the individuals.
(3)(a) A person acting in good faith, if the act does not constitute wanton misconduct, is immune from criminal and civil liability for any act or omission of an act committed during the course of distributing and administering a short-acting opioid antagonist and distributing the necessary medical supplies to administer the short-acting opioid antagonist under this section.
(b) A person acting in good faith is immune from criminal and civil liability for the person’s failure or refusal to distribute or administer a short-acting opioid antagonist or distribute the necessary medical supplies to administer a short-acting opioid antagonist under this section, if the person’s failure or refusal does not constitute wanton misconduct. [Formerly 689.681]