Colorado § 13-21-108.7 - Persons rendering emergency assistance through the administration of an opioid antagonist - limited immunity - legislative declaration - definitions.

§ 13-21-108.7. Persons rendering emergency assistance through the administration of an opioid antagonist - limited immunity - legislative declaration - definitions.

(1) Legislative declaration. The general assembly encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers, for the purpose of saving the lives of people who suffer opioid-related drug overdose events. The general assembly also encourages each person who administers an opioid antagonist to another person to call for emergency medical services immediately.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) Repealed.

(b) (I) "Health-care provider" means:

(A) A licensed physician, an advanced practice registered nurse, or a certified midwife who has prescriptive authority pursuant to section 12-255-112; a physician assistant; or a pharmacist; or

(B) A health maintenance organization licensed and conducting business in this state.

(II) "Health-care provider" does not include a podiatrist, optometrist, dentist, or veterinarian.

(c) "Opioid" has the same meaning as "opiate", as set forth in section 18-18-102 (21).

(d) "Opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d).

(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 an opioid-related drug overdose event; and

(III) Requires medical assistance.

(3) General immunity.

(a) A person, other than a health-care provider, is not liable for any civil damages if the person acts in good faith to:

(I) Furnish or administer an opioid antagonist to an individual the person believes to be suffering an opioid-related drug overdose event or to an individual who is in a position to assist the individual at risk of experiencing an opioid-related drug overdose event; or

(II) Distribute the opioid antagonist.

(b) This subsection (3) also applies to:

(I) An eligible entity described in section 25-1.5-115.1 (1); except that an employee or agent of a school, or an employee or agent of a 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, must be acting in accordance with section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and

(II) A person who acts in good faith to furnish or administer an opioid antagonist in accordance with section 25-20.5-1001.

(4) Licensed prescribers and dispensers.

(a) An individual who is licensed by the state under title 12 and is permitted by section 12-30-110 or by other applicable law to prescribe or dispense an opioid antagonist is not liable for any civil damages resulting from:

(I) Prescribing or dispensing an opioid antagonist in accordance with the applicable law; or

(II) Any outcomes resulting from the eventual administration of the opioid antagonist by a layperson.

(b) Repealed.

(5) The provisions of this section shall not be interpreted to establish any duty or standard of care in the prescribing, dispensing, or administration of an opioid antagonist.

Source: L. 2013: Entire section added, (SB 13-014), ch. 178, p. 658, § 3, effective May 10. L. 2015: (2)(b)(I)(A), (2)(e), (3), IP(4)(a), and (4)(a)(I) amended and (4)(b) repealed, (SB 15-053), ch. 78, p. 215, § 8, effective April 3. L. 2019: (3) amended, (SB 19-227), ch. 273, p. 2579, § 6, effective May 23; (2)(b)(I)(A), (3), and IP(4)(a) amended, (HB 19-1172), ch. 136, p. 1663, § 69, effective October 1. L. 2020: (3)(b)(I) amended, (HB 20-1206), ch. 304, p. 1526, § 6, effective July 14; (3)(a) amended, (HB 20-1065), ch. 287, p. 1420, § 4, effective September 14. L. 2021: (3)(b)(I) amended, (SB 21-122), ch. 33, p. 136, § 2, effective April 15. L. 2022: (3)(a) and (3)(b)(I) amended, (HB 22-1326), ch. 225, p. 1641, § 13, effective July 1. L. 2023: (2)(b)(I)(A) amended, (SB 23-167), ch. 261, p. 1547, § 53, effective May 25. L. 2024: (1), (2)(c), (2)(d), IP(2)(e), (2)(e)(II), (3)(a), (3)(b)(II), (4)(a), and (5) amended and (2)(a) repealed, (HB 24-1037), ch. 458, p. 3161, § 2, effective June 6; (3)(b)(I) amended, (HB 24-1003), ch. 121, p. 396, § 6, effective August 7. L. 2025: (3)(b)(I) amended, (SB 25-164), ch. 168, p. 684, § 7, effective August 6.

Editor's note: Amendments to subsection (3) by SB 19-227 and HB 19-1172 were harmonized.

Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 178, Session Laws of Colorado 2013. For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2024, 2025, and 2027, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website. For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024.

ANNOTATION

Law reviews. For article, "Colorado's Good Samaritan Laws", see 53 Colo. Law. 42 (Apr. 2024).