2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-30-209) › Article 30 - PROVISIONS APPLICABLE TO HEALTH-CARE PROFESSIONS AND OCCUPATIONS (§§ 12-30-101 — 12-30-209) › Part 1 - MISCELLANEOUS PROVISIONS APPLICABLE TO HEALTH-CARE PROFESSIONS AND OCCUPATIONS (§§ 12-30-101 — 12-30-124) › Section 12-30-110 - [Effective 8/7/2024] Prescribing or dispensing an opiate antagonist - authorized recipients - definitions

(1)
(a)
A prescriber may prescribe or dispense, directly or in accordance with standing orders and protocols, an opioid antagonist to:
(I)
An individual at risk of experiencing an opioid-related drug overdose event;
(II)
A family member, friend, or other person in a position to assist an individual at risk of experiencing an opioid-related drug overdose event;
(III)
An employee or volunteer of a harm reduction organization;
(IV)
A law enforcement agency or first responder;
(V)
A school district, school, or employee or agent of a school; or an employee or agent of the 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;
(VI)
A person described in section
25-20.5-1001
;
(VII)
A unit of local government;
(VIII)
An institution of higher education or an employee or agent of the institution of higher education;
(IX)
A library or an employee or agent of the library;
(X)
A community service organization or an employee or agent of the community service organization;
(XI)
A religious organization or an employee or agent of the religious organization;
(XII)
A local jail or an employee or agent of the local jail;
(XIII)
A multijurisdictional jail or an employee or agent of the multijurisdictional jail;
(XIV)
A municipal jail or an employee or agent of the municipal jail;
(XV)
A correctional facility or an employee or agent of the correctional facility;
(XVI)
A private contract prison or an employee or agent of the private contract prison;
(XVII)
A community corrections program or an employee or agent of the community corrections program;
(XVIII)
A pretrial services program or an employee or agent of the pretrial services program;
(XIX)
A probation department or an employee or agent of the probation department;
(XX)
A local public health agency or an employee or agent of the local public health agency; or
(XXI)
A mental health professional.
(b)
A person or entity described in subsection (1)(a) of this section may, pursuant to an order or standing orders and protocols:
(I)
Possess an opioid antagonist;
(II)
Furnish an opioid antagonist to a family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or
(III)
Administer an opioid antagonist to an individual experiencing, or who a reasonable person would believe is experiencing, an opioid-related drug overdose event.
(2)
(a)
A prescriber who prescribes or dispenses an opioid antagonist pursuant to this section is strongly encouraged to educate persons receiving the opioid antagonist on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.
(b)
An entity described in subsection (1)(a) of this section is strongly encouraged to educate employees, agents, and volunteers, as well as persons receiving an opioid antagonist from the entity described in subsection (1)(a) of this section, on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.
(3)
A prescriber described in subsection (7)(h) of this section does not engage in unprofessional conduct or is not subject to discipline pursuant to section
12-240-121
,
12-255-120
, or
12-280-126
, as applicable, if the prescriber issues standing orders and protocols regarding opioid antagonists or prescribes or dispenses, pursuant to an order or standing orders and protocols, an opioid antagonist in a good faith effort to assist:
(a)
An individual who is at risk of experiencing an opioid-related drug overdose event;
(b)
A family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or
(c)
A person or entity described in subsection (1)(a) of this section in responding to, treating, or otherwise assisting an individual who is experiencing or is at risk of experiencing an opioid-related drug overdose event or a friend, family member, or other person in a position to assist an at-risk individual.
(3.5)
(a)
Notwithstanding any provision of this title 12 or rules implementing this title 12, a prescriber prescribing or dispensing an opioid antagonist in accordance with this section, other than a pharmacist or other prescriber prescribing and dispensing from a prescription drug outlet or pharmacy, is not required to comply with laws relating to labeling, storage, or record keeping for the opioid antagonist.
(b)
A prescriber prescribing or dispensing an opioid antagonist exempted from labeling, storage, or record-keeping requirements pursuant to this subsection (3.5):
(I)
Does not engage in unprofessional conduct or is not subject to discipline pursuant to section
12-240-121
or
12-255-120
, as applicable; and
(II)
Is not subject to civil liability or criminal prosecution, as specified in sections
13-21-108.7 (4)
and
18-1-712 (3)
, respectively.
(4)
(a)
A prescriber who prescribes or dispenses an opioid antagonist in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections
13-21-108.7 (4)
and
18-1-712 (3)
, respectively.
(b)
A person or entity described in subsection (1)(a) of this section acting in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections
13-21-108.7 (3)
and
18-1-712 (2)
, respectively.
(5)
This section does not establish a duty or standard of care for prescribers regarding the prescribing, dispensing, or administering of an opioid antagonist.
(6)
Nothing in this section limits or otherwise affects the prescriptive authority of a health-care professional licensed under article 220, 275, 290, or 315 of this title 12.
(7)
As used in this section:
(a)
"Community corrections program" has the same meaning as set forth in section
17-27-102 (3)
.
(a.3)
"Community service organization" means a nonprofit organization that is in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office that provides services to an individual at risk of experiencing an opioid-related drug overdose event or to the individual's family members, friends, or other persons in a position to assist the individual.
(a.5)
"Correctional facility" has the same meaning as set forth in section
17-1-102
(1.7).
(a.7)
"First responder" means:
(I)
A peace officer, as defined in section
16-2.5-101
;
(II)
A firefighter, as defined in section
29-5-203 (10)
;
(III)
A volunteer firefighter, as defined in section
31-30-1102 (9)
; or
(IV)
An emergency medical service provider, as defined in section
25-3.5-103 (8)
.
(b)
"Harm reduction organization" means an organization that provides services, including medical care, counseling, homeless services, or drug treatment, to individuals at risk of experiencing an opioid-related drug overdose event or to the friends and family members of an at-risk individual.
(b.2)
"Institution of higher education" means a public or nonpublic institution that awards any type of postsecondary certificate, degree, or other credential and is located in Colorado.
(b.3)
"Local jail" has the same meaning as set forth in section
17-1-102 (7)
.
(b.4)
"Local public health agency" means an agency established pursuant to section
25-1-506
.
(b.5)
"Mental health professional" means a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under article
245
of this title 12.
(b.7)
"Multijurisdictional jail" has the same meaning as described in section
17-26.5-101
.
(b.8)
"Municipal jail" has the same meaning as described in section
31-15-401 (1)(j)
.
(c)
"Opioid" has the same meaning as "opiate", as set forth in section
18-18-102 (21)
.
(d)
"Opioid 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. "Opioid antagonist" includes an expired opioid antagonist.
(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 caused by an opioid-related drug overdose event; and
(III)
Requires medical assistance.
(f)
"Order" has the same meaning as set forth in section
12-280-103 (31)
.
(g)
"Pharmacist" means an individual licensed by the state pursuant to article
280
of this title 12 to engage in the practice of pharmacy.
(h)
"Prescriber" means:
(I)
A physician or physician assistant licensed pursuant to article
240
of this title 12;
(II)
An advanced practice registered nurse, as defined in section
12-255-104 (1)
, or a certified midwife, as defined in section
12-255-104
(3.2), with prescriptive authority pursuant to section
12-255-112
; or
(III)
A pharmacist.
(h.3)
"Pretrial services program" has the same meaning as described in section
16-4-106
.
(h.7)
"Private contract prison" has the same meaning as set forth in section
17-1-102
(7.3).
(i)
"Protocol" means a specific written plan for a course of medical treatment containing a written set of specific directions created by a physician, group of physicians, hospital medical committee, pharmacy and therapeutics committee, or other similar practitioners or groups of practitioners with expertise in the use of opioid antagonists.
(i.5)
"School" means an elementary or secondary public or nonpublic school whose governing authority has adopted and implemented a policy pursuant to section
22-1-119.1
.
(j)
"Standing order" means a prescription order written by a prescriber that is not specific to and does not identify a particular patient.
(k)
"Unit of local government" has the same meaning as set forth in section
29-3.5-101 (4)
.
Amended by 2024 Ch. 458,§ 9, eff. 6/6/2024.
Amended by 2024 Ch. 121,§ 5, eff. 8/7/2024.
Amended by 2023 Ch. 303,§ 14, eff. 8/7/2023.
Amended by 2023 Ch. 261,§ 29, eff. 5/25/2023.
Amended by 2022 Ch. 207, § 1, eff. 8/10/2022.
Amended by 2022 Ch. 225, § 12, eff. 7/1/2022.
Amended by 2021 Ch. 314, § 31, eff. 9/1/2021.
Amended by 2021 Ch. 33, § 1, eff. 4/15/2021.
Amended by 2020 Ch. 304, § 5, eff. 7/14/2020.
Amended by 2019 Ch. 273, § 14, eff. 10/1/2019.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
(1) Subsection (1)(a) is similar to former § 12-36-117.7(1); subsection (1)(b) is similar to former § 12-42.5-120(3)(d)(I); subsection (2)(a) is similar to former § 12-36-117.7(2); subsection (2)(b) is similar to former § 12-42.5-120(3)(d)(II); subsection (3) is similar to former § 12-36-117.7(3); subsection (4)(a) is similar to former § 12-36-117.7(4); subsection (4)(b) is similar to former § 12-42.5-120(3)(d)(III); subsection (5) is similar to former § 12-36-117.7(5); and subsection (7) is similar to former § 12-36-117.7(6), as those sections existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-227. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-227, chapter 273, Session Laws of Colorado 2019.
2024 Ch. 121, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 207, 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.