Oregon Statutes 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.
Terms Used In Oregon Statutes 689.811
- 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
- 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
(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. [2023 c.593 § 8]