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State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
| 526X0434 | HOUSE BILL NO. 1079 |
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Introduced by: Representatives Munsterman, Beal, Brunner, Craig, Langer, Marty, Qualm,
Stalzer, and Westra and Senators Tidemann, Holien, Hunhoff (Bernie),
Olson, Parsley, Peters, Van Gerpen, and Vehle
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FOR AN ACT ENTITLED, An Act to permit the prescription and possession of an opioid
antagonist in certain instances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
A person who is a family member, friend, or other close third party to a person at risk for
an opioid-related drug overdose, or a harm reduction organization, may be prescribed, possess,
distribute, or administer an opioid antagonist that is prescribed, dispensed, or distributed by a
licensed health care professional directly or by standing order pursuant to this Act.
Section 2. That the code be amended by adding a NEW SECTION to read:
Section 2. That the code be amended by adding a NEW SECTION to read:
A licensed health care professional may, directly or by standing order, prescribe an opioid
antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family
member, friend, or other close third party person the health care practitioner reasonably believes
to be in a position to assist a person at risk of experiencing an opioid-related overdose, or to a
harm reduction organization.
Section 3. That the code be amended by adding a NEW SECTION to read:
Section 3. That the code be amended by adding a NEW SECTION to read:
A health care professional who is authorized to prescribe or dispense an opioid antagonist
is not subject to any disciplinary action or civil or criminal liability for the prescribing or
dispensing of an opioid antagonist to a person whom the health care professional reasonably
believes may be in a position to assist or administer the opioid antagonist to a person at risk for
an opioid-related drug overdose.
Section 4. That the code be amended by adding a NEW SECTION to read:
Section 4. That the code be amended by adding a NEW SECTION to read:
For the purpose of this Act, any prescription issued pursuant to this Act is deemed to be
issued for a legitimate medical purpose in the usual course of professional practice.
Section 5. That the code be amended by adding a NEW SECTION to read:
Section 5. That the code be amended by adding a NEW SECTION to read:
The provisions of this Act do not establish a duty or standard of care with respect to the
decision of whether to prescribe, dispense, or administer an opioid antagonist.
