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S.F. No. 1900 - Administration of Opiate Antagonists
 
Author: Senator Chris A. Eaton
 
Prepared By:
 
Date: March 10, 2014



 

SF 1900 permits certain individuals to administer opiate antagonists and limits liability for these individuals who act in good faith.  SF 1900 also provides immunity to certain individuals who seek medical assistance for another individual who may be experiencing an alcohol or drug overdose or to the individual experiencing an alcohol or drug overdose under certain circumstances.

Section 1 (151.37, subd. 12, paragraph (a)), permits licensed prescribers (physicians, advanced practice registered nurses, physician assistants) to authorize the following individuals to administer opiate antagonists:  (1) an emergency medical responder; (2) a peace officer; (3) staff of community-based health disease prevention or social service programs. 

Paragraph (b) permits these individuals to administer opiate antagonists if the licensed prescriber issues a standing order to or has entered into a protocol with the individual, and the individual has been trained to recognize the signs of opiate overdose and the use of opiate antagonists.

Paragraph (c) specifies that this section does not prohibit the possession and administration of naloxone.

Section 2 (604A.04) specifies that a person who is not a health professional, who in good faith administers an opiate antagonist to another person whom the person believes in good faith to be suffering a drug overdose, is immune from criminal prosecution and is not liable for civil damages for acts or omissions resulting from the act.  This immunity also applies to the licensed health care professional who directly or by standing order prescribes, dispenses, distributes, or administers an opiate antagonist to a person.

Section 3 (604A.05 subd. 1) specifies that a person, who in good faith seeks medical assistance for another person who is experiencing an alcohol or drug overdose may not be arrested, charged, prosecuted, penalized, or have that person’s property subject to civil forfeiture. 

Subdivision 2 specifies that a person who is experiencing an alcohol or drug overdose, and is in need of medical assistance, may not be arrested, charged, prosecuted, penalized, or have the person’s property subject to civil forfeiture. 

Subdivision 3 specifies that the immunity provisions of this section do not preclude prosecution of a person on the basis of evidence obtained from an independent source and the act of providing first aid or other medical assistance to a person who is experiencing an alcohol or drug overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided.

Section 4 cites sections 2 and 3 as “Steve’s Law”.

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