Effective - 28 Aug 2022, 3 histories
195.206. Opioid antagonist or addiction mitigation medicine, sale and dispensing of by pharmacists, possession of — administration of, contacting emergency personnel — immunity from liability, when. — 1. As used in this section, the following terms shall mean:
(1) "Addiction mitigation medication", naltrexone hydrochloride that is administered in a manner approved by the United States Food and Drug Administration or any accepted medical practice method of administering;
(2) "Opioid antagonist", naloxone hydrochloride that blocks the effects of an opioid overdose that is administered in a manner approved by the United States Food and Drug Administration or any accepted medical practice method of administering;
(3) "Opioid-related drug overdose", a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or other substance with which an opioid was combined or a condition that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.
2. Notwithstanding any other law or regulation to the contrary:
(1) The director of the department of health and senior services, if a licensed physician, may issue a statewide standing order for an opioid antagonist or an addiction mitigation medication;
(2) In the alternative, the department may employ or contract with a licensed physician who may issue a statewide standing order for an opioid antagonist or an addiction mitigation medication with the express written consent of the department director.
3. Notwithstanding any other law or regulation to the contrary, any licensed pharmacist in Missouri may sell and dispense an opioid antagonist or an addiction mitigation medication under physician protocol or under a statewide standing order issued under subsection 2 of this section.
4. A licensed pharmacist who, acting in good faith and with reasonable care, sells or dispenses an opioid antagonist or an addiction mitigation medication and an appropriate device to administer the drug, and the protocol physician, shall not be subject to any criminal or civil liability or any professional disciplinary action for prescribing or dispensing the opioid antagonist or an addiction mitigation medication or any outcome resulting from the administration of the opioid antagonist or an addiction mitigation medication. A physician issuing a statewide standing order under subsection 2 of this section shall not be subject to any criminal or civil liability or any professional disciplinary action for issuing the standing order or for any outcome related to the order or the administration of the opioid antagonist or an addiction mitigation medication.
5. Notwithstanding any other law or regulation to the contrary, it shall be permissible for any person to possess an opioid antagonist or an addiction mitigation medication.
6. Any person who administers an opioid antagonist to another person shall, immediately after administering the drug, contact emergency personnel. Any person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be suffering an opioid-related overdose shall be immune from criminal prosecution, disciplinary actions from his or her professional licensing board, and civil liability due to the administration of the opioid antagonist.
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(L. 2016 H.B. 1568, A.L. 2017 S.B. 501, A.L. 2022 H.B. 2162 merged with H.B. 2331)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 195 - Drug Regulations
Section 195.003 - Violations of chapter, defendant to pay costs of testing when found guilty.
Section 195.005 - Comprehensive drug control act.
Section 195.010 - Definitions.
Section 195.015 - Authority to control.
Section 195.016 - Nomenclature.
Section 195.050 - Controlled substances, legal sales, how made — records required to be kept.
Section 195.060 - Controlled substances to be dispensed on prescription only, exception.
Section 195.070 - Prescriptive authority.
Section 195.100 - Labeling requirements.
Section 195.150 - Procedure upon conviction for violation.
Section 195.190 - Enforcement by whom.
Section 195.195 - Regulations, authority to promulgate, where vested.
Section 195.197 - Department of health and senior services, duties of.
Section 195.253 - Public nuisances — defendants in suits to enjoin.
Section 195.265 - Disposal of unused controlled substances, permitted methods — awareness program.
Section 195.310 - Injunction authorized.
Section 195.320 - Purpose clause.
Section 195.550 - Electronic prescriptions required, when, exceptions — violations.
Section 195.740 - Definitions.
Section 195.746 - Registration and permits, requirements — application, contents — issuance, when.
Section 195.752 - Administrative fine, when, amount.
Section 195.756 - Pesticides and agricultural chemicals, use of — limitations on liability.
Section 195.764 - Fees, amount, use of — fund created.
Section 195.773 - Department duties — rulemaking authority.
Section 195.815 - Fingerprinting requirements, medical marijuana facilities — definitions.
Section 195.820 - Medical cannabis, processing fee authorized, when.