2015 Utah Code
Title 26 - Utah Health Code
Chapter 55 - Emergency Administration of Opiate Antagonist Act
Section 104 - Authority to obtain and use an emergency opiate antagonist -- Immunity from liability.

Effective 5/13/2014
26-55-104. Authority to obtain and use an emergency opiate antagonist -- Immunity from liability.

• (1)
  • (a) Except as provided in Subsection (1)(b), a person other than a health care facility or health care provider who acts in good faith to administer an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose event is not liable for any civil damages or acts or omissions made as a result of administering the opiate antagonist.
  • (b) A health care provider:
    • (i) does not have immunity from liability under Subsection (1)(a) when the health care provider is acting within the scope of the health care provider's responsibilities or duty of care; and
    • (ii) does have immunity from liability under Subsection (1)(a) if the health care provider is under no legal duty to respond and otherwise complies with Subsection (1)(a).

• (2) Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, a health care provider who is licensed to prescribe or dispense an opiate antagonist may, without a prescriber-patient relationship, prescribe or dispense an opiate antagonist without liability for any civil damages or acts or omissions made as a result of prescribing or dispensing an opiate antagonist in good faith, to:
  • (a) an individual who is at increased risk of experiencing or who is likely to experience an opiate-related drug overdose event; or
  • (b) a family member of, friend of, or other person who may be in a position to assist an individual who may be at increased risk of experiencing or who is likely to experience an opiate-related drug overdose event.

• (3) A person who prescribes or dispenses an opiate antagonist shall provide education to the individual described in Subsection (2)(a) or (b) that includes instructions to take the person who received the opiate antagonist to an emergency care facility for a medical evaluation.

Enacted by Chapter 130, 2014 General Session