RCW 71.24.594
Opioid overdose reversal medications—Education—Distribution—Labeling—Liability.
(1) For any client presenting with symptoms of an opioid use disorder, or who reports recent use of opioids outside legal authority, all licensed or certified behavioral health agencies that provide individuals treatment for mental health or substance use disorder, withdrawal management, secure withdrawal management, evaluation and treatment, or opioid treatment programs must during the client's intake, discharge, or treatment plan review, as appropriate:
(a) Inform the client about opioid overdose reversal medication and ask whether the client has opioid overdose reversal medication; and
(b) If a client does not possess opioid overdose reversal medication, unless the behavioral health provider determines using clinical and professional judgment that opioid overdose reversal medication is not appropriate, the behavioral health provider must:
(i) Prescribe the client opioid overdose reversal medication or utilize the statewide naloxone standing order; and
(ii) Assist the client in directly obtaining opioid overdose reversal medication as soon as practical by:
(A) Directly dispensing the opioid overdose reversal medication, if authorized by state law;
(B) Partnering with a pharmacy to obtain the opioid overdose reversal medication on the client's behalf and distributing the opioid overdose reversal medication to the client;
(C) Assisting the client in utilizing a mail order pharmacy or pharmacy that mails prescription drugs directly to the behavioral health agency or client and distributing the opioid overdose reversal medication to the client, if necessary;
(D) Obtaining and distributing opioid overdose reversal medication through the bulk purchasing and distribution program established in RCW 70.14.170; or
(E) Using any other resources or means authorized by state law to provide opioid overdose reversal medication.
(2) Until the opioid overdose reversal medication bulk purchasing and distribution program established in RCW 70.14.170 is operational, if a behavioral health agency listed in subsection (1) of this section dispenses, distributes, or otherwise assists the client in directly obtaining the opioid overdose reversal medication such that the agency is the billing entity, the behavioral health agency must:
(a) For clients enrolled in medical assistance under chapter 74.09 RCW, bill the client's medicaid benefit for the client's opioid overdose reversal medication utilizing the appropriate billing codes established by the health care authority;
(b) For clients with available health insurance coverage other than medical assistance under chapter 74.09 RCW, bill the client's health plan for the cost of the opioid overdose reversal medication;
(c) For clients who are not enrolled in medical assistance under chapter 74.09 RCW and do not have any other available health insurance coverage, bill the health care authority for the cost of the client's opioid overdose reversal medication.
(3) A pharmacy that dispenses opioid overdose reversal medication through a partnership or relationship with a behavioral health agency as described in subsection (1) of this section must bill the health care authority for the cost of the client's opioid overdose reversal medication for clients that are not enrolled in medical assistance under chapter 74.09 RCW and do not have any other available health insurance coverage.
(4) The labeling requirements of RCW 69.41.050 and 18.64.246 do not apply to opioid overdose reversal medication dispensed or delivered in accordance with this section.
(5) A person who is provided opioid overdose reversal medication under this section must be provided information and resources about medication for opioid use disorder and harm reduction strategies and services which may be available, such as substance use disorder treatment services and substance use disorder peer counselors. This information should be available in all languages relevant to the communities that the behavioral health agency serves.
(6) The individual or entity that dispenses, distributes, or delivers an opioid overdose reversal medication in accordance with this section shall ensure that the directions for use are provided.
(7) Actions taken in compliance with subsection (1) of this section by an entity that provides only mental health treatment may not be construed as the entity holding itself out as providing or in fact providing substance use disorder diagnosis, treatment, or referral for treatment for purposes of state or federal law.
(8) A behavioral health agency, its employees, and providers are immune from suit in any action, civil or criminal, or from professional or other disciplinary action, for action or inaction in compliance with this section.
(9) For purposes of this section, "opioid overdose reversal medication" has the meaning provided in RCW 69.41.095.
[ 2021 c 273 § 4.]
NOTES:
Effective date—2021 c 273 §§ 2-4: See note following RCW 70.41.480.
Findings—Intent—2021 c 273: See note following RCW 70.41.480.
Structure Revised Code of Washington
Chapter 71.24 - Community Behavioral Health Services Act.
71.24.015 - Legislative intent—Community behavioral health system.
71.24.030 - Grants, purchasing of services, for community behavioral health programs.
71.24.035 - Director's powers and duties as state behavioral health authority.
71.24.045 - Behavioral health administrative services organization powers and duties.
71.24.062 - Psychiatry consultation line—Implementation.
71.24.063 - Partnership access lines—Psychiatric consultation lines—Data collection.
71.24.064 - Partnership access lines—Psychiatric consultation lines—Funding—Performance measures.
71.24.067 - Partnership access lines—Psychiatric consultation lines—Review.
71.24.068 - Telebehavioral health access account.
71.24.115 - Recovery navigator programs—Reports.
71.24.125 - Grant program—Treatment services—Regional access standards.
71.24.135 - Expanded recovery support services program—Regional expanded recovery plans.
71.24.160 - Proof as to uses made of state funds—Use of maintenance of effort funds.
71.24.200 - Expenditures of county funds subject to county fiscal laws.
71.24.215 - Sliding-scale fee schedules for clients receiving behavioral health services.
71.24.220 - State grants may be withheld for noncompliance with chapter or related rules.
71.24.250 - Behavioral health administrative services organizations—Receipt of gifts and grants.
71.24.260 - Waiver of postgraduate educational requirements—Mental health professionals.
71.24.350 - Behavioral health ombuds office.
71.24.370 - Behavioral health services contracts—Limitation on state liability.
71.24.380 - Purchase of behavioral health services—Managed care contracting—Requirements.
71.24.383 - Managed care organization contracting—Requirements.
71.24.400 - Streamlining delivery system—Finding.
71.24.405 - Streamlining delivery system.
71.24.415 - Streamlining delivery system—Authority duties to achieve outcomes.
71.24.430 - Coordination of services for behavioral health clients—Collaborative service delivery.
71.24.435 - Behavioral health system—Improvement strategy.
71.24.450 - Offenders with mental illnesses—Findings and intent.
71.24.455 - Offenders with mental illnesses—Contracts for specialized access and services.
71.24.460 - Offenders with mental illnesses—Report to legislature.
71.24.510 - Integrated comprehensive screening and assessment process—Implementation.
71.24.520 - Substance use disorder program authority.
71.24.525 - Agreements authorized under the interlocal cooperation act.
71.24.530 - Local funding and donative funding requirements—Facilities, plans, programs.
71.24.535 - Duties of authority.
71.24.545 - Comprehensive program for treatment—Regional facilities.
71.24.555 - Liquor taxes and profits—City and county eligibility conditioned.
71.24.560 - Opioid treatment programs—Pregnant individuals—Information and education.
71.24.565 - Acceptance for approved treatment—Rules.
71.24.570 - Emergency service patrol—Establishment—Rules.
71.24.575 - Criminal laws limitations.
71.24.580 - Criminal justice treatment account.
71.24.585 - Opioid and substance use disorder treatment—State response.
71.24.589 - Substance use disorders—Law enforcement assisted diversion—Pilot project.
71.24.594 - Opioid overdose reversal medications—Education—Distribution—Labeling—Liability.
71.24.597 - Opioid overdose reversal medication—Coordinated purchasing and distribution.
71.24.598 - Drug overdose response team.
71.24.599 - Opioid use disorder—City and county jails—Funding.
71.24.605 - Fetal alcohol screening and assessment services.
71.24.610 - Interagency agreement on fetal alcohol exposure programs.
71.24.615 - Chemical dependency treatment expenditures—Prioritization.
71.24.625 - Uniform application of chapter—Training for designated crisis responders.
71.24.640 - Standards for certification or licensure of evaluation and treatment facilities.
71.24.645 - Standards for certification or licensure of crisis stabilization units.
71.24.647 - Standards for certification or licensure of triage facilities.
71.24.649 - Standards for certification or licensure of mental health peer-run respite centers.
71.24.650 - Standards for certification or licensure of a clubhouse.
71.24.660 - Recovery residences—Referrals by licensed or certified service providers.
71.24.710 - Reentry services—Work group.
71.24.715 - Reentry services—Waiver application.
71.24.720 - Less restrictive alternative treatment—Transition teams.
71.24.850 - Regional service areas—Report—Managed care integration.
71.24.855 - Finding—Intent—State hospitals.
71.24.861 - Behavioral health system coordination committee.
71.24.870 - Behavioral health services—Adoption of rules—Audit.
71.24.885 - Medicaid rate increases—Review authority—Reporting.
71.24.893 - National 988 system—Crisis response improvement strategy steering committee.
71.24.894 - National 988 system—Department reporting—Audit.
71.24.896 - National 988 system—Duties owed to public—Independent contractors.
71.24.898 - National 988 system—Technical and operational plan.