2016 Mississippi Code
Title 41 - Public Health
Chapter 29 - Poisons, Drugs and Other Controlled Substances
Article 5 - Other Narcotic Drug Regulations
§ 41-29-319. Emergency Response and Overdose Prevention Act

MS Code § 41-29-319 (2016) What's This?

(1) This section shall be known as the "Emergency Response and Overdose Prevention Act."

(2) As used in this section, the following terms shall be defined as provided in this subsection:

(a) "Practitioner" means a physician licensed to practice medicine in this state or any licensed health care provider who is authorized to prescribe an opioid antagonist.

(b) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid-related overdose.

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

(d) "Emergency medical technician" means an individual who possesses a valid emergency medical technician's certificate issued under Section 41-59-33.

(3) A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may directly or by standing order prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose or to a registered pain management clinic, family member, friend or other person in a position to assist such person at risk of experiencing an opioid-related overdose.

(4) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists under a prescription issued in accordance with subsection (3) of this section.

(5) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid-related overdose may administer an opioid antagonist that was prescribed in accordance with subsection (3) of this section.

(6) Emergency medical technicians acting in good faith shall be authorized and permitted to administer an opioid antagonist as clinically indicated.

(7) The following individuals are immune from any civil or criminal liability or professional licensing sanctions for the following actions authorized by this section:

(a) Any practitioner who prescribes an opioid antagonist in accordance with subsection (3) of this section;

(b) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist under a prescription issued in accordance with subsection (3) of this section;

(c) Any person other than a practitioner who administers an opioid antagonist in accordance with subsection (5) of this section; and

(d) Any emergency medical technician who administers an opioid antagonist in accordance with subsection (6) of this section.

Disclaimer: These codes may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.