2020 Kentucky Revised Statutes Chapter 217 - Foods, drugs, and poisons 217.186 Provider prescribing or dispensing naloxone -- Administration by third party -- Use of naloxone by person or agency authorized to administer medication -- Immunity from liability -- Administrative regulations -- Use of naloxone by schools -- Use of naloxone by pharmacist.
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217.186 Provider prescribing or dispensing naloxone -- Administration by third
party -- Use of naloxone by person or agency authorized to administer
medication -- Immunity from liability -- Administrative regulations -- Use of
naloxone by schools -- Use of naloxone by pharmacist.
(1)
(2)
(3)
(4)
(5)
A licensed health-care provider who, acting in good faith, directly or by standing
order, prescribes or dispenses the drug naloxone to a person or agency who, in the
judgment of the health-care provider, is capable of administering the drug for an
emergency opioid overdose, shall not, as a result of his or her acts or omissions, be
subject to disciplinary or other adverse action under KRS Chapter 311, 311A, 314,
or 315 or any other professional licensing statute. As used in this subsection,
"licensed health-care provider" includes a pharmacist as defined in KRS 315.010
who holds a separate certification issued by the Kentucky Board of Pharmacy
authorizing the initiation of the dispensing of naloxone under subsection (5) of this
section.
A prescription for naloxone may include authorization for administration of the
drug to the person for whom it is prescribed by a third party if the prescribing
instructions indicate the need for the third party upon administering the drug to
immediately notify a local public safety answering point of the situation
necessitating the administration.
A person or agency, including a peace officer, jailer, firefighter, paramedic, or
emergency medical technician or a school employee authorized to administer
medication under KRS 156.502, may:
(a) Receive a prescription for the drug naloxone;
(b) Possess naloxone pursuant to this subsection and any equipment needed for its
administration; and
(c) Administer naloxone to an individual suffering from an apparent opiaterelated overdose.
A person acting in good faith who administers naloxone received under this section
shall be immune from criminal and civil liability for the administration, unless
personal injury results from the gross negligence or willful or wanton misconduct of
the person administering the drug.
(a) The Board of Pharmacy, in consultation with the Kentucky Board of Medical
Licensure, shall promulgate administrative regulations to establish
certification, educational, operational, and protocol requirements to
implement this section.
(b) Administrative regulations promulgated under this subsection shall:
1.
Require that any dispensing under this section be done only in
accordance with a physician-approved protocol and specify the
minimum required components of any such protocol;
2.
Include a required mandatory education requirement as to the
mechanism and circumstances for the administration of naloxone for the
person to whom the naloxone is dispensed; and
3.
Require that a record of the dispensing be made available to a physician
(6)
(7)
signing a protocol under this subsection, if desired by the physician.
(c) Administrative regulations promulgated under this subsection may include:
1.
A supplemental educational or training component for a pharmacist
seeking certification under this subsection; and
2.
A limitation on the forms of naloxone and means of its administration
that may be dispensed pursuant to this subsection.
(a) The board of each local public school district and the governing body of each
private and parochial school or school district may permit a school to keep
naloxone on the premises and regulate the administration of naloxone to any
individual suffering from an apparent opiate-related overdose.
(b) In collaboration with local health departments, local health providers, and
local schools and school districts, the Kentucky Department for Public Health
shall develop clinical protocols to address supplies of naloxone kept by
schools under this section and to advise on the clinical administration of
naloxone.
Notwithstanding any provision of law to the contrary, a pharmacist may utilize the
protocol established by this section to dispense naloxone to any person or agency
who provides training on the mechanism and circumstances for the administration
of naloxone to the public as part of a harm reduction program, regardless of whom
the ultimate user of the naloxone may be. The documentation of the dispensing of
naloxone to any person or agency operating a harm reduction program shall satisfy
any general documentation or recording requirements found in administrative
regulations regarding legend drugs promulgated pursuant to this chapter.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 130, sec. 1, effective June 27, 2019. -- Amended
2015 Ky. Acts ch. 66, sec. 8, effective March 25, 2015. -- Created 2013 Ky. Acts ch.
118, sec. 10, effective June 25, 2013.
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