Section 195.206

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 28 Aug 2023, 4 histories   

  195.206.  Opioid antagonist or addiction mitigation medicine, sale and dispensing of by pharmacists, possession of — administration of, contacting emergency personnel — immunity from liability, when. — 1.  As used in this section, the following terms shall mean:

  (1)  "Addiction mitigation medication", naltrexone hydrochloride that is administered in a manner approved by the United States Food and Drug Administration or any accepted medical practice method of administering;

  (2)  "Opioid antagonist", naloxone hydrochloride, or any other drug or device approved by the United States Food and Drug Administration, that blocks the effects of an opioid overdose and is administered in a manner approved by the United States Food and Drug Administration or any accepted medical practice method of administering;

  (3)  "Opioid-related drug overdose", a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or other substance with which an opioid was combined or a condition that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

  2.  Notwithstanding any other law or regulation to the contrary:

  (1)  The director of the department of health and senior services, if a licensed physician, may issue a statewide standing order for an opioid antagonist or an addiction mitigation medication;

  (2)  In the alternative, the department may employ or contract with a licensed physician who may issue a statewide standing order for an opioid antagonist or an addiction mitigation medication with the express written consent of the department director.

  3.  Notwithstanding any other law or regulation to the contrary, any licensed pharmacist in Missouri may sell and dispense an opioid antagonist or an addiction mitigation medication under physician protocol or under a statewide standing order issued under subsection 2 of this section.

  4.  A licensed pharmacist who, acting in good faith and with reasonable care, sells or dispenses an opioid antagonist or an addiction mitigation medication and an appropriate device to administer the drug, and the protocol physician, shall not be subject to any criminal or civil liability or any professional disciplinary action for prescribing or dispensing the opioid antagonist or an addiction mitigation medication or any outcome resulting from the administration of the opioid antagonist or an addiction mitigation medication.  A physician issuing a statewide standing order under subsection 2 of this section shall not be subject to any criminal or civil liability or any professional disciplinary action for issuing the standing order or for any outcome related to the order or the administration of the opioid antagonist or an addiction mitigation medication.

  5.  Notwithstanding any other law or regulation to the contrary, it shall be permissible for any person to possess an opioid antagonist or an addiction mitigation medication.

  6.  Any person who administers an opioid antagonist to another person shall, immediately after administering the drug, contact emergency personnel.  Any person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be suffering an opioid-related drug overdose shall be immune from criminal prosecution, disciplinary actions from his or her professional licensing board, and civil liability due to the administration of the opioid antagonist.

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(L. 2016 H.B. 1568, A.L. 2017 S.B. 501, A.L. 2022 H.B. 2162 merged with H.B. 2331, A.L. 2023 S.B. 24 merged with S.B. 45 merged with S.B. 70 merged with S.B. 157 merged with S.B. 186)