2014 North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations.
Article 5 - North Carolina Controlled Substances Act.
§ 90-106.2 - 2. Treatment of overdose with opioid antagonist; immunity.
90-106.2. Treatment of overdose with opioid antagonist; immunity.
(a) As used in this section, "opioid antagonist" means naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.
(b) A practitioner acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antagonist to (i) a person at risk of experiencing an opiate-related overdose or (ii) a family member, friend, or other person in a position to assist a person at risk of experiencing an opiate-related overdose. As an indicator of good faith, the practitioner, prior to prescribing an opioid under this subsection, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:
(1) The person seeking the opioid antagonist is at risk of experiencing an opiate-related overdose.
(2) The person other than the person who is at risk of experiencing an opiate-related overdose, and who is seeking the opioid antagonist, is in relation to the person at risk of experiencing an opiate-related overdose:
a. A family member, friend, or other person.
b. In the position to assist a person at risk of experiencing an opiate-related overdose.
(c) A person who receives an opioid antagonist that was prescribed pursuant to subsection (b) of this section may administer an opioid antagonist to another person if (i) the person has a good faith belief that the other person is experiencing a drug-related overdose and (ii) the person exercises reasonable care in administering the drug to the other person. Evidence of the use of reasonable care in administering the drug shall include the receipt of basic instruction and information on how to administer the opioid antagonist.
(d) All of the following individuals are immune from any civil or criminal liability for actions authorized by this section:
(1) Any practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this section.
(2) Any person who administers an opioid antagonist pursuant to subsection (c) of this section. (2013-23, s. 2.)
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