PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Expand Access To Lifesaving Opioid Overdose Medication
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2353, sub-§2, as enacted by PL 2013, c. 579, §1, is amended to read:
 
2. Prescription; possession; administration.   The prescription, possession and administration of naloxone hydrochloride is governed by this subsection.
 
A. A health care professional may directly or by standing order prescribe naloxone hydrochloride to an individual at risk of experiencing an opioid-related drug overdose.
 
B. An individual to whom naloxone hydrochloride is prescribed in accordance with paragraph A may provide the naloxone hydrochloride so prescribed to a member of that individual's immediate family to possess and administer to the individual if the family member believes in good faith that the individual is experiencing an opioid-related drug overdose.
 
C. A health care professional may directly or by standing order prescribe naloxone hydrochloride to a member of an individual's immediate family for administration to the individual in the event ofor a friend of the individual or to another person in a position to assist the individual if the individual is at risk of experiencing an opioid-related drug overdose if:.
 
(1) The health care professional has an established health care professional-patient relationship with the individual; and
 
(2) The individual is at risk of experiencing an opioid-related drug overdose.
 
A health care professional who prescribes naloxone hydrochloride to a member of an individual's immediate family in accordance with this paragraph shall document in the individual's patient medical record the name of each family member who receives such a prescription and the health care professional's intention that the naloxone hydrochloride be administered to the individual.
 
D. If a member of an individual's immediate family, friend of the individual or other person is prescribed naloxone hydrochloride in accordance with paragraph C, that family member, friend or other person may administer the naloxone hydrochloride to the individual if the family member, friend or other person believes in good faith that the individual is experiencing an opioid-related drug overdose.
 
E.  A health care practitioner who prescribes and a person who administers naloxone hydrochloride pursuant to this subsection are immune from any civil or criminal liability for actions authorized by this subsection.
 
Nothing in this subsection affects the provisions of law relating to maintaining the confidentiality of medical records.
Sec. 2.  22 MRSA §2353, sub-§4  is enacted to read:
 
4.  Drug-related overdose treatment; limited immunity.     Limited immunity from criminal prosecution is provided as follows.
 
A.  A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be prosecuted for a violation of Title 17-A, section 1107-A, subsection 1, paragraph C if the evidence for prosecution under that section was obtained as a result of the person's seeking medical assistance for an individual experiencing an opioid-related drug overdose.
 
B.  A person who experiences a drug-related overdose and is in need of medical assistance may not be prosecuted for a violation of Title 17-A, section 1107-A, subsection 1, paragraph C if the evidence for prosecution under that section was obtained as a result of the person's experiencing an opioid-related drug overdose and need for medical assistance.
 
Nothing in this subsection may be construed to bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes committed by a person who otherwise qualifies for limited immunity under this subsection.
 
SUMMARY
This bill allows for the prescription of naloxone hydrochloride by standing order. It allows for the prescription of naloxone hydrochloride to friends of and other persons in a position to assist an individual at risk of experiencing an opioid-related drug overdose in addition to immediate family members. It provides for immunity from civil and criminal liability for the prescription and administration of naloxone hydrochloride for prescribers and those who administer the drug. It creates a limited immunity from criminal prosecution for those who seek medical assistance when a person is experiencing an opioid-related drug overdose.