Guam § 16109 - Immunity from Civil or Criminal Liability.

Full text of Guam Guam Code Annotated § 16109 — Immunity from Civil or Criminal Liability., with citation guidance and answers to common questions.

§ 16109. Immunity from Civil or Criminal Liability.

(a) Prescribers. Any prescriber, who, in good faith and in

the absence of gross negligence, malice, or criminal intent, issues

a prescription for an emergency opioid antagonist shall be immune

from civil or criminal liability and shall not be subject to

administrative action for the issuance of such prescription or the

ultimate outcome of such prescription.

(b) Dispensers. Any dispenser, who, in good faith and in the

absence of gross negligence, malice, or criminal intent, issues a

prescription for an emergency opioid antagonist shall be immune

from civil or criminal liability and shall not be subject to

administrative action for the dispensing of such prescription or the

ultimate outcome from the dispensing of such prescription.

(c) Distributor. Any individual, trained community-based

organization, entity, first responder, peace officer, or trained

school personnel, who, in good faith and in the absence of gross

negligence, malice, or criminal intent, distributes an emergency

opioid antagonist shall be immune from civil or criminal liability

and shall not be subject to administrative action for distributing an

emergency opioid antagonist or the ultimate outcome of such

distribution.

(d) Administrator. Any person who, in good faith, and in the

absence of gross negligence, malice, or criminal intent,

administers an emergency opioid antagonist to a person suffering,

or believed to be suffering, an opioid overdose, shall be immune

from civil or criminal liability and shall not be subject to

administrative action for administering an emergency opioid

antagonist or the ultimate outcome of such administration.

(e) Good Samaritan Protections. Individuals who summon

emergency medical assistance contemporaneously with

administering an emergency opioid antagonist shall, in addition to

the protections afforded under subsection (d) receive the

protections afforded by 20 GCA §2104.

(f) A health care practitioner or an employee or a volunteer

of a community-based organization who prescribes, dispenses, or

distributes an opioid antagonist in accordance with this section

shall be immune from civil or criminal liability for the subsequent

use or administration of the opioid antagonist, unless the health

care practitioner’s actions with regard to the prescribing,

dispensing, or distributing the opioid antagonist constitute

recklessness, gross negligence, or intentional misconduct.

(g) An employee or volunteer of a community-based

organization who dispenses or distributes an opioid antagonist in

accordance with this section shall be immune from civil or

criminal liability for the subsequent use or administration of the

opioid antagonist, unless the employee or volunteer’s actions

regarding the dispensing or distributing of the opioid antagonist

constitute recklessness, gross negligence, or intentional

misconduct.

(h) First responders, peace officers, and trained school

personnel who dispenses or distributes an opioid antagonist in

accordance with this section shall be immune from civil or

criminal liability for the subsequent use or administration of the

opioid antagonist, unless the first responders’, peace officers’, and

trained school personnel’s actions regarding the dispensing or

distributing of the opioid antagonist constitute recklessness, gross

negligence, or intentional misconduct.

(i) The immunity granted pursuant to paragraph (1) of this

subsection shall apply whether or not the opioid antagonist is

administered by or to the person for whom it was prescribed,

dispensed, or distributed.

(j) Nothing in this section shall be construed to require a

health care professional to prescribe, dispense, or distribute an

opioid antagonist to a person at risk of experiencing an opioid

related overdose or a family member, or friend, or other person in

a position to assist a person at risk of experiencing an opioid

related overdose, or an employee or volunteer of a community-

based organization.

(k) A health care professional that does not prescribe,

dispense, or distribute an opioid antagonist based upon his or her

professional judgement shall be immune from civil or criminal

liability, unless the health care professional’s decision not to

prescribe, dispense, or distribute an opioid antagonist constitutes

recklessness, gross negligence, or intentional misconduct.

(l) Nothing in this section shall be construed to expand the

scope of practice of a health care professional

Source: official Guam text · Last verified 2026-08-27

Frequently Asked Questions About Guam § 16109

What does Guam Code Annotated § 16109 cover?

Section 16109 ("Immunity from Civil or Criminal Liability.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Guam § 16109?

A common citation format is "Guam Code Annotated § 16109" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Guam law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.

How does Guam § 16109 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Guam.