An Act To Expand Access To Lifesaving Opioid Overdose Medication
Maine Legislature, Session 127, LD 0140
Committee: Health and Human Services
Sponsors: BECK, GRATWICK, BATES, FECTEAU
Amends: 22 MRSA §2353

Legislative Document 
No. 140 
H.P. 98 
House of Representatives, January 22, 2015 
An Act To Expand Access To Lifesaving Opioid Overdose 
Medication 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative BECK of Waterville. 
Cosponsored by Senator GRATWICK of Penobscot and 
Representatives: BATES of Westbrook, FECTEAU of Biddeford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2353, sub-§2, as enacted by PL 2013, c. 579, §1, is amended 
to read: 
2.  Prescription; possession; administration.  The prescription, possession and 
administration of naloxone hydrochloride is governed by this subsection.  
A.  A health care professional may directly or by standing order prescribe naloxone 
hydrochloride to an individual at risk of experiencing an opioid-related drug 
overdose. 
B.  An individual to whom naloxone hydrochloride is prescribed in accordance with 
paragraph A may provide the naloxone hydrochloride so prescribed to a member of 
that individual's immediate family to possess and administer to the individual if the 
family member believes in good faith that the individual is experiencing an opioid-
related drug overdose. 
C.  A health care professional may directly or by standing order prescribe naloxone 
hydrochloride to a member of an individual's immediate family for administration to 
the individual in the event of or a friend of the individual or to another person in a 
position to assist the individual if the individual is at risk of experiencing an opioid-
related drug overdose if:. 
(1)  The health care professional has an established health care professional-
patient relationship with the individual; and 
(2)  The individual is at risk of experiencing an opioid-related drug overdose. 
A health care professional who prescribes naloxone hydrochloride to a member of an 
individual's immediate family in accordance with this paragraph shall document in 
the individual's patient medical record the name of each family member who receives 
such a prescription and the health care professional's intention that the naloxone 
hydrochloride be administered to the individual. 
D.  If a member of an individual's immediate family, friend of the individual or other 
person is prescribed naloxone hydrochloride in accordance with paragraph C, that 
family member, friend or other person may administer the naloxone hydrochloride to 
the individual if the family member, friend or other person believes in good faith that 
the individual is experiencing an opioid-related drug overdose. 
E.  A health care practitioner who prescribes and a person who administers naloxone 
hydrochloride pursuant to this subsection are immune from any civil or criminal 
liability for actions authorized by this subsection. 
Nothing in this subsection affects the provisions of law relating to maintaining the 
confidentiality of medical records. 
Sec. 2.  22 MRSA §2353, sub-§4 is enacted to read: 
4.  Drug-related overdose treatment; limited immunity.  Limited immunity from 
criminal prosecution is provided as follows. 
A.  A person acting in good faith who seeks medical assistance for an individual 
experiencing a drug-related overdose may not be prosecuted for a violation of Title 
17-A, section 1107-A, subsection 1, paragraph C if the evidence for prosecution 
under that section was obtained as a result of the person's seeking medical assistance 
for an individual experiencing an opioid-related drug overdose. 
B.  A person who experiences a drug-related overdose and is in need of medical 
assistance may not be prosecuted for a violation of Title 17-A, section 1107-A, 
subsection 1, paragraph C if the evidence for prosecution under that section was 
obtained as a result of the person's experiencing an opioid-related drug overdose and 
need for medical assistance. 
Nothing in this subsection may be construed to bar the admissibility of any evidence 
obtained in connection with the investigation and prosecution of other crimes committed 
by a person who otherwise qualifies for limited immunity under this subsection. 
SUMMARY 
This bill allows for the prescription of naloxone hydrochloride by standing order.  It 
allows for the prescription of naloxone hydrochloride to friends of and other persons in a 
position to assist an individual at risk of experiencing an opioid-related drug overdose in 
addition to immediate family members.  It provides for immunity from civil and criminal 
liability for the prescription and administration of naloxone hydrochloride for prescribers 
and those who administer the drug.  It creates a limited immunity from criminal 
prosecution for those who seek medical assistance when a person is experiencing an 
opioid-related drug overdose.