CO Code § 13-21-108.7 (2021)
2021 Colorado Code|Title 13 - Courts and Court Procedure|Article 21 - Damages|Part 1 - General Provisions|§ 13-21-108.7. Persons Rendering Emergency Assistance Through the Administration of an Opiate Antagonist - Limited Immunity - Legislative Declaration - Definitions

  Legislative declaration. The general assembly hereby encourages the administration of opiate antagonists for the purpose of saving the lives of people who suffer opiate-related drug overdose events. A person who administers an opiate antagonist to another person is urged to call for emergency medical services immediately.    Definitions. As used in this section, unless the context otherwise requires:   “Health-care facility” means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment.      “Health-care provider” means: (b) (I) “Health-care provider” means:   A licensed physician, advanced practice nurse who has prescriptive authority pursuant to section 12-255-112, physician assistant, or pharmacist; or    A health maintenance organization licensed and conducting business in this state.       “Health-care provider” does not include a podiatrist, optometrist, dentist, or veterinarian.       “Opiate” has the same meaning as set forth in section 18-18-102 (21), C.R.S.    “Opiate antagonist” means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose.    “Opiate-related drug overdose event” means an acute condition, including a decreased level of consciousness or respiratory depression, that:   Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;    A layperson would reasonably believe to be an opiate-related drug overdose event; and    Requires medical assistance.          General immunity.   A person, other than a health-care provider or a health-care facility, who acts in good faith to furnish or administer an opiate antagonist, including an expired opiate antagonist, to an individual the person believes to be suffering an opiate-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opiate-related overdose event is not liable for any civil damages for acts or omissions made as a result of the act or for any act or omission made if the opiate antagonist is stolen.    This subsection (3) also applies to:   A law enforcement agency or first responder; an employee or volunteer of a harm reduction organization; a school district, school, or employee or agent of a school acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b) and, as applicable, section 22-1-119.1; a mental health professional, as defined in section 12-30-110 (7)(b.5); or a unit of local government, as defined in section 29-3.5-101 (4); and    A person who acts in good faith to furnish or administer an opiate antagonist in accordance with section 25-20.5-1001.          Licensed prescribers and dispensers.   An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opiate antagonist is not liable for any civil damages resulting from:   Prescribing or dispensing an opiate antagonist in accordance with the applicable law; or    Any outcomes resulting from the eventual administration of the opiate antagonist by a layperson.       Repealed.       The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.      History. Source: L. 2013: Entire section added,(SB 13-014), ch. 178, p. 658, § 3, effective May 10. L. 2015: (2)(b)(I)(A), (2)(e), (3), IP(4)(a), and (4)(a)(I) amended and (4)(b) repealed,(SB 15-053), ch. 78, p. 215, § 8, effective April 3. L. 2019: (3) amended,(SB 19-227), ch. 273, p. 2579, § 6, effective May 23; (2)(b)(I)(A), (3), and IP(4)(a) amended,(HB 19-1172), ch. 136, p. 1663, § 69, effective October 1. L. 2020: (3)(b)(I) amended,(HB 20-1206), ch. 304, p. 1526, § 6, effective July 14; (3)(a) amended,(HB 20-1065), ch. 287, p. 1420, § 4, effective September 14. L. 2021: (3)(b)(I) amended,(SB 21-122), ch. 33, p. 136, § 2, effective April 15.    Editor's note:   Amendments to subsection (3) by SB 19-227 and HB 19-1172 were harmonized.   Cross references:   For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 178, Session Laws of Colorado 2013.