C.R.S.
Section 18-1-712
Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event
- definitions
(1)
Legislative declaration.(2)
General immunity.(a)
A person, other than a health-care provider or a health-care facility, who acts in good faith to furnish or administer an opiate antagonist, including an expired opiate antagonist, to an individual the person believes to be suffering an opiate-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opiate-related overdose event is immune from criminal prosecution for the act or for any act or omission made if the opiate antagonist is stolen.(b)
This subsection (2) also applies to:(I)
A person or entity described in section 12-30-110 (1)(a); except that an employee or agent of a school must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and(II)
A person who acts in good faith to furnish or administer an opiate antagonist in accordance with section 25-20.5-1001.(3)
Intentionally left blank —Ed.(a)
Licensed prescribers and dispensers.(I)
Prescribing or dispensing an opiate antagonist in accordance with the applicable law; or(II)
Any outcomes resulting from the eventual administration of the opiate antagonist by a layperson.(b)
Repealed.(4)
The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.(5)
Definitions.(a)
“Health-care facility” means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment.(b)
Intentionally left blank —Ed.(I)
“Health-care provider” means:(A)
A licensed or certified physician, nurse practitioner, physician assistant, or pharmacist; or(B)
A health maintenance organization licensed and conducting business in this state.(II)
“Health-care provider” does not include a podiatrist, optometrist, dentist, or veterinarian.(c)
“Opiate” has the same meaning as set forth in section 18-18-102 (21).(d)
“Opiate antagonist” means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose.(e)
“Opiate-related drug overdose event” means an acute condition, including a decreased level of consciousness or respiratory depression, that:(I)
Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;(II)
A layperson would reasonably believe to be an opiate-related drug overdose event; and(III)
Requires medical assistance.
Source:
Section 18-1-712 — Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event - definitions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-18.pdf
(accessed Oct. 20, 2023).