Amendment SSA1-SB352

SB352-SSA1,10,14 (b) A physician or physician assistant who prescribes or delivers an opioid antagonist under par. (a) shall ensure that the person to whom the opioid antagonist will be delivered has the knowledge and training necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related overdose and that the person demonstrates the capacity to ensure that any individual to whom the person further delivers the opioid antagonist has or receives that knowledge and training.

SB352-SSA1,10,20 (3) A physician or physician assistant who, acting in good faith, prescribes or delivers an opioid antagonist in accordance with sub. (2), or who, acting in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 448.02 for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.

SB352-SSA1,10 Section 10. 450.01 (1) (d) of the statutes is created to read:

SB352-SSA1,10,22 450.01 (1) (d) In the case of an opioid antagonist, any person.

SB352-SSA1,11 Section 11. 450.01 (13v) of the statutes is created to read:

SB352-SSA1,10,25 450.01 (13v) "Opioid antagonist" means a drug, such as naloxone, that satisfies all of the following:

SB352-SSA1,11,3 (a) The drug binds to the opioid receptors and competes with or displaces opioid agonists at the opioid receptor site but does not activate the receptors, effectively blocking the receptor and preventing or reversing the effect of an opioid agonist.

SB352-SSA1,11,4 (b) The drug is not a controlled substance.

SB352-SSA1,12 Section 12. 450.10 (1) (a) (intro.) of the statutes is amended to read:

SB352-SSA1,11,9 450.10 (1) (a) (intro.) In this subsection, "unprofessional conduct" includes any of the following, but does not include the dispensing of an antimicrobial drug for expedited partner therapy as described in s. 450.11 (1g) or the delivery of an opioid antagonist as described in s. 450.11 (1i):

SB352-SSA1,13 Section 13. 450.11 (1) of the statutes is amended to read:

SB352-SSA1,11,21 450.11 (1) Dispensing. No Except as provided in sub. (1i) (b) 2., no person may dispense any prescribed drug or device except upon the prescription order of a practitioner. All prescription orders shall specify the date of issue, the name and address of the practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device, the symptom or purpose for which the drug is being prescribed if required under sub. (4) (a) 8., and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in s. ss. 441.18 (2), 448.035 (2), and 448.037 (2), all prescription orders shall also specify the name and address of the patient. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub. (2).

SB352-SSA1,14 Section 14. 450.11 (1i) of the statutes is created to read:

SB352-SSA1,12,4 450.11 (1i) Opioid antagonists. (a) Prescription and liability. 1. A pharmacist may, upon the prescription order of an advanced practice nurse prescriber under s. 441.18 (2), or of a physician or physician assistant under s. 448.037 (2), that complies with the requirements of sub. (1), deliver an opioid antagonist to the person specified in the prescription order. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the delivery of a prescription to the person to whom the opioid antagonist is delivered.

SB352-SSA1,12,9 2. A pharmacist who, acting in good faith, delivers an opioid antagonist in accordance with subd. 1., or who, acting in good faith, otherwise lawfully dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 450.10 for any outcomes resulting from delivering or dispensing the opioid antagonist.

SB352-SSA1,12,11 (b) Possession, dispensing, and delivery. 1. Any person may possess an opioid antagonist.

SB352-SSA1,12,13 2. a. Subject to subd. 2. b. to d., any person may deliver or dispense an opioid antagonist.

SB352-SSA1,12,16 b. An advanced practice nurse prescriber may only deliver or dispense an opioid antagonist in accordance with s. 441.18 (2) or in accordance with his or her other legal authority to dispense prescription drugs.

SB352-SSA1,12,19 c. A physician or physician assistant may only deliver or dispense an opioid antagonist in accordance with s. 448.037 (2) or in accordance with his or her other legal authority to dispense prescription drugs.

SB352-SSA1,12,22 d. A pharmacist may only deliver or dispense an opioid antagonist in accordance with par. (a) 1. or in accordance with his or her other legal authority to dispense prescription drugs.

SB352-SSA1,12,24 (c) Immunity. 1. In this paragraph, "opioid-related drug overdose" has the meaning given in s. 256.40 (1) (d).

SB352-SSA1,13,4 2. Subject to par. (a) 2. and ss. 441.18 (3) and 448.037 (3), any person who, acting in good faith, delivers or dispenses an opioid antagonist to another person shall be immune from civil or criminal liability for any outcomes resulting from delivering or dispensing the opioid antagonist.

SB352-SSA1,13,9 3. Subject to ss. 256.40 (3) (b) and 895.48 (1g), any person who, reasonably believing another person to be undergoing an opioid-related drug overdose, administers an opioid antagonist to that person shall be immune from civil or criminal liability for any outcomes resulting from the administration of the opioid antagonist to that person.

SB352-SSA1,15 Section 15. 450.11 (3) of the statutes is amended to read:

SB352-SSA1,13,15 450.11 (3) Preparation of prescription drugs. No Except as provided in sub. (1i) (b), no person other than a pharmacist or practitioner or their agents and employees as directed, supervised, and inspected by the pharmacist or practitioner may prepare, compound, dispense, or prepare for delivery for a patient any prescription drug.

SB352-SSA1,16 Section 16. 450.11 (4) (a) 5. a. of the statutes is amended to read:

SB352-SSA1,13,18 450.11 (4) (a) 5. a. Except as provided in subd. 5. b. and c., the full name of the patient.

SB352-SSA1,17 Section 17. 450.11 (4) (a) 5. c. of the statutes is created to read:

SB352-SSA1,13,22 450.11 (4) (a) 5. c. For an opioid antagonist when delivered under sub. (1i) (a), the name of the person to whom the opioid antagonist will be delivered as specified in s. 441.18 (2) (a) or 448.037 (2) (a).

SB352-SSA1,18 Section 18 . 450.11 (7) (h) of the statutes is amended to read:

SB352-SSA1,14,3 450.11 (7) (h) No Except as provided in sub. (1i) (b), no person may possess a prescription drug unless the prescription drug is obtained in compliance with this section.

SB352-SSA1,19 Section 19. 895.48 (1) of the statutes is amended to read:

SB352-SSA1,14,8 895.48 (1) Any Except as provided in sub. (1g), any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care. This

SB352-SSA1,14,14 (1g) The immunity described in sub. (1) and s. 450.11 (1i) (c) 3. does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, enroute to a hospital or other institution equipped with hospital facilities, or at a physician's office.

SB352-SSA1,14,15 (End)