KRS § 217.186 — KY Code / Title XVIII / Chapter 217 / Section 217.186
217.186 Definition -- Provider prescribing or dispensing opioid antagonist -- Administration by third party -- Use of opioid antagonist by person or agency authorized to administer medication -- Immunity from liability -- Administrative regulations -- Use of opioid antagonist by schools -- Use of opioid antagonist by licensed health care provider
Status: in_force

217.186 Definition -- Provider prescribing or dispensing opioid antagonist --

Administration by third party -- Use of opioid antagonist by person or agency

authorized to administer medication -- Immunity from liability --

Administrative regulations -- Use of opioid antagonist by schools -- Use of

opioid antagonist by licensed health care provider.

(1) As used in this section, "opioid antagonist" means naloxone or any other United

States Food and Drug Administration-approved drug designed to reverse the effects

of an opioid overdose.

(2) A licensed health-care provider who, acting in good faith, directly or by standing

order, prescribes or dispenses an opioid antagonist 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 an opioid antagonist under subsection

(6) of this section.

(3) A prescription for an opioid antagonist 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.

(4) 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 an opioid antagonist;

(b) Possess an opioid antagonist pursuant to this subsection and any equipment

needed for its administration;

(c) Administer an opioid antagonist to an individual suffering from an apparent

opioid-related overdose; and

(d) Provide, as part of a harm reduction program, an opioid antagonist to persons

who have been trained on the mechanism and circumstances of its

administration.

(5) A person acting in good faith who provides or administers an opioid antagonist

received under this section shall be immune from criminal and civil liability for the

provision or administration, unless personal injury results from the gross negligence

or willful or wanton misconduct of the person providing or administering the drug.

(6) (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. Require education as to the mechanism and circumstances for the

administration of an opioid antagonist for the person to whom an opioid

antagonist is dispensed; and

3. Require that a record of the dispensing be made available to a physician

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 the opioid antagonist and means of its

administration that may be dispensed pursuant to this subsection.

(7) (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 an

opioid antagonist on the premises and regulate the administration of an opioid

antagonist 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 an opioid antagonist

kept by schools under this section and to advise on the clinical administration

of an opioid antagonist.

(8) Notwithstanding any provision of law to the contrary, a licensed health care

provider, including a pharmacist who is utilizing a protocol established by this

section, may dispense an opioid antagonist to any person or agency who, as part of a

harm reduction program, provides training to the public on the mechanism and

circumstances for the administration of an opioid antagonist, regardless of whom

the ultimate user of the opioid antagonist may be. The documentation of the

dispensing of an opioid antagonist 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.