2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-712 - [Effective 8/7/2024] Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event - definitions

(1)
Legislative declaration.
The general assembly hereby encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers, for the purpose of saving the lives of people who suffer opioid-related drug overdose events. The general assembly also encourages each person who administers an opioid antagonist to another person to call for emergency medical services immediately.
(2)
General immunity.
(a)
A person, other than a health-care provider, is immune from criminal prosecution if the person acts in good faith to:
(I)
Furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event; or
(II)
Distribute the opioid antagonist.
(b)
This subsection (2) also applies to:
(I)
A person or entity described in section
12-30-110 (1)(a)
; except that an employee or agent of a school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, must be acting in accordance with section
12-30-110 (1)(b), (2)(b), and (4)(b)
, and, as applicable, section
22-1-119.1
; and
(II)
A person who acts in good faith to furnish or administer an opioid antagonist in accordance with section
25-20.5-1001
.
(3)
(a)
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 opioid antagonist is immune from criminal prosecution for:
(I)
Prescribing or dispensing an opioid antagonist in accordance with the applicable law; or
(II)
Any outcomes resulting from the eventual administration of the opioid antagonist by a layperson.
(b)
Repealed.
(4)
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 opioid antagonist.
(5)
Definitions.
As used in this section, unless the context otherwise requires:
(a)
[Repealed by 2024 amendment]
(b)
(I)
"Health-care provider" means:
(A)
A licensed or certified physician, nurse practitioner, physician assistant, or pharmacist; or
(B)
A health maintenance organization licensed and conducting business in this state.
(II)
"Health-care provider" does not include a podiatrist, optometrist, dentist, or veterinarian.
(c)
"Opioid" has the same meaning as "opiate", as set forth in section
18-18-102 (21)
.
(d)
"Opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d).
(e)
"Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that:
(I)
Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;
(II)
A layperson would reasonably believe to be an opioid-related drug overdose event; and
(III)
Requires medical assistance.
Amended by 2024 Ch. 458,§ 3, eff. 6/6/2024.
Amended by 2024 Ch. 121,§ 8, eff. 8/7/2024.
Amended by 2022 Ch. 225, § 18, eff. 7/1/2022.
Amended by 2021 Ch. 33, § 3, eff. 4/15/2021.
Amended by 2020 Ch. 287, § 5, eff. 9/14/2020.
Amended by 2020 Ch. 304, § 7, eff. 7/14/2020.
Amended by 2019 Ch. 136, § 90, eff. 10/1/2019.
Amended by 2019 Ch. 273, § 7, eff. 5/23/2019.
Amended by 2015 Ch. 78, § 9, eff. 4/3/2015.
Added by 2013 Ch. 178, § 2, eff. 5/10/2013.
L. 2013: Entire section added, (SB 13-014), ch. 656, p. 656, § 2, effective May 10. L. 2015: (2), IP(3)(a), (3)(a)(I), and (5)(e) amended and (3)(b) repealed, (SB 15 -053), ch. 216, p. 216, § 9, effective April 3. L. 2019: (2) amended, (SB 19-227), ch. 2579, p. 2579, § 7, effective May 23; (2) and IP(3)(a) amended, (HB 19-1172), ch. 1674, p. 1674, § 90, effective October 1. L. 2020: (2)(b)(I) amended, (HB 20-1206), ch. 1526, p. 1526, § 7, effective July 14; (2)(a) amended, (HB 20-1065), ch. 1420, p. 1420, § 5, effective September 14. L. 2021: (2)(b)(I) amended, (SB 21 -122), ch. 137, p. 137, § 3, effective April 15.
Amendments to subsection (2) by SB 19-227 and HB 19-1172 were harmonized.
2024 Ch. 121, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 178, Session Laws of Colorado 2013.