Section 09.65.340. Immunity for prescribing, providing, or administering an opioid overdose drug.

   (a) Except as provided in (c) of this section, a person is not liable for civil damages resulting from an act or omission in prescribing or providing an opioid overdose drug to a person at risk of experiencing an opioid overdose or to a family member, friend, caregiver, or other person in a position to administer an opioid overdose drug to a person at risk of experiencing an opioid overdose if
        (1) the person
             (A) prescribing or providing the opioid overdose drug is a health care provider; or
             (B) providing the opioid overdose drug is an employee or volunteer of an opioid overdose program; and
        (2) each person to whom the opioid overdose drug is prescribed or provided has been educated and trained in the proper emergency use and administration of the opioid overdose drug by the health care provider or the opioid overdose program; education and training under this paragraph may be provided by any reasonable means, including through the use of electronic, video, or automated education or training resources.
   (b) Except as provided in (c) of this section, a person who administers an opioid overdose drug to another person who the person reasonably believes is experiencing an opioid overdose emergency is not liable for civil damages resulting from an act or omission in the emergency administration of the opioid overdose drug.
   (c) This section does not preclude liability for civil damages that are the result of gross negligence or reckless or intentional misconduct.
   (d) In this section,
        (1) "health care provider" means a licensed physician, osteopath, dentist, advanced nurse practitioner, physician assistant, nurse, village health aide, or pharmacist operating within the scope of the health care provider's authority;
        (2) "opioid" includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140;
        (3) "opioid overdose drug" means a drug that reverses, in whole or in part, the pharmacological effects of an opioid overdose;
        (4) "opioid overdose program" means a program that provides opioid overdose drugs to persons at risk of experiencing an opioid overdose or to a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid overdose.

Notes

History

(Sec. 5 ch 2 SLA 2016)