Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-130-10. This chapter may be cited as the 'South Carolina Overdose Prevention Act'.
Section 44-130-20. For
purposes of this chapter:
(1) 'Caregiver' means a
person who is not at risk of an opioid overdose but who, in the
judgment of a physician, may be in a position to assist another
individual during an overdose and who has received patient
overdose information as required by Section 44-130-30 on the
indications for and administration of an opioid antidote.
(2) 'Department' means
the Department of Health and Environmental Control.
(3) 'Drug overdose'
means an acute condition including, but not limited to, physical
illness, coma, mania, hysteria, or death resulting from the
consumption or use of a controlled substance or other substance
with which a controlled substance was combined and that a
layperson would reasonably believe to require medical
assistance.
(4) 'First responder'
means an emergency medical services provider, a law enforcement
officer, or a fire department worker directly engaged in
examining, treating, or directing persons during an emergency.
(5) 'Medical
assistance' means professional medical services that are
provided to a person experiencing a drug overdose.
(6) 'Opioid antidote'
means naloxone hydrochloride or other similarly acting drug
approved by the United States Food and Drug Administration for
the treatment of an opioid overdose.
(7) 'Pharmacist' means
an individual licensed pursuant to Chapter 43, Title 40 to
engage in the practice of pharmacy.
(8) 'Prescriber' means
a physician licensed pursuant to Chapter 47, Title 40, an
advanced practice registered nurse licensed pursuant to Chapter
33, Title 40 and prescribing in accordance with the requirements
of that chapter, and a physician assistant licensed pursuant to
Article 7, Chapter 47, Title 40 and prescribing in accordance
with the requirements of that article.
Section 44-130-30.
(A) A prescriber acting in good faith
and exercising reasonable care as a prescriber may issue a
written prescription for an opioid antidote to:
(1)
a person who is at risk of experiencing an opioid-related
overdose; or
(2)
a caregiver for a person who is at risk of experiencing an
opioid overdose whom the prescriber has not personally examined.
(B)(1) The prescriber
must provide to the person or the caregiver overdose information
addressing the following:
(a)
opioid overdose prevention and recognition;
(b)
opioid antidote dosage and administration;
(c)
the importance of calling 911 emergency telephone service
for medical assistance with an opioid overdose; and
(d)
care for an overdose victim after administration of the
opioid antidote.
(2)
The prescriber must document in the medical record that
the opioid overdose information required by this subsection has
been provided to the person or the caregiver.
(C) A prescriber acting
in good faith and exercising reasonable care may issue a
standing order for a first responder to possess an opioid
antidote for administration to a person whom the first responder
believes to be experiencing an opioid-related overdose.
(D) A prescriber who
issues a written prescription or a standing order for an opioid
antidote in accordance with the provisions of this section is
not as a result of an act or omission subject to civil or
criminal liability or to professional disciplinary action.
Section 44-130-40. (A)
A pharmacist acting in good faith and
exercising reasonable care as a pharmacist may dispense an
opioid antidote pursuant to a written prescription or standing
order by a prescriber.
(B) A pharmacist
dispensing an opioid antidote in accordance with the provisions
of this section is not as a result of an act or omission subject
to civil or criminal liability or to professional disciplinary
action.
Section 44-130-50. (A)
A caregiver may in an emergency administer,
without fee, an opioid antidote to a person whom the caregiver
believes in good faith is experiencing an opioid overdose if the
caregiver has received the opioid overdose information provided
for in Section 44-130-30.
(B) A caregiver who
administers an opioid antidote in accordance with the provisions
of this section is not subject to civil or criminal liability.
Section 44-130-60. (A)
A first responder may administer an opioid
antidote in an emergency if the first responder believes in good
faith that the person is experiencing an opioid overdose.
(B) The first responder
must comply with all applicable requirements for possession,
administration, and disposal of the opioid antidote and
administration device. The department may promulgate regulations
to implement this section, including appropriate training for
first responders who carry or have access to an opioid
antidote.
(C) A first responder
who administers an opioid antidote in accordance with the
provisions of this section to a person whom the first responder
believes in good faith is experiencing an opioid overdose is not
by an act or omission subject to civil or criminal liability or
to professional disciplinary action."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.