ASSEMBLY BILL NO. 428–COMMITTEE ON HEALTH AND HUMAN SERVICES
79th (2017) Session
Vote on AB428 (1st Reprint) on Senate Final Passage
June 2, 2017 at 5:03 PM
| 21 Yea | 0 Nay | 0 Excused | 0 Not Voting | 0 Absent |
AN ACT relating to controlled substances; authorizing certain health care professionals to issue an order for an opioid antagonist to a public or private school; authorizing a pharmacist to furnish an opioid antagonist without a prescription under certain circumstances; providing for public and private schools to obtain and maintain opioid antagonists under certain conditions; providing immunity to certain persons for acts or omissions relating to the acquisition, possession or administration of opioid antagonists in certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: 1 Existing law authorizes certain physicians, physician assistants and advanced 2 practice registered nurses to prescribe and dispense an opioid antagonist to a person 3 at risk of experiencing an opioid-related drug overdose, or to a family member, 4 friend or other person who is in a position to assist a person experiencing an opioid- 5 related drug overdose. (Chapter 453C of NRS, NRS 453C.100) Existing law further 6 provides for the development of standardized procedures and protocols under 7 which a registered pharmacist may furnish an opioid antagonist. (NRS 453C.120) 8 Section 2 of this bill authorizes a pharmacist to furnish an opioid antagonist 9 without a prescription from a health care professional authorized to prescribe an 10 opioid antagonist to a person at risk of experiencing an opioid-related drug 11 overdose, or to a family member, friend or other person who is in a position to 12 assist such a person. Section 2 also prohibits the development of standardized – 2 – - *AB428* 13 procedures and protocols that prevent a pharmacist from dispensing an opioid 14 antagonist without a prescription. 15 Existing law authorizes certain health care professionals to issue an order for 16 auto-injectable epinephrine to a public or private school to be maintained at the 17 school for the treatment of anaphylaxis that may be experienced by any person at 18 the school. (NRS 630.374, 632.239, 633.707) Section 1 of this bill authorizes 19 certain health care professionals to issue such an order for opioid antagonists to a 20 public and private school for the treatment of an opioid-related drug overdose that 21 may be experienced by any person at the school. Section 1 also provides that a 22 health care professional is not subject to disciplinary action for issuing such an 23 order to a school. 24 Existing law requires each public school, including each charter school, to 25 obtain an order from certain health care professionals for auto-injectable 26 epinephrine to maintain the drug at the school. (NRS 386.870) Existing law 27 similarly authorizes a private school to obtain and maintain auto-injectable 28 epinephrine at the school. (NRS 394.1995) Section 5 of this bill enacts a similar 29 requirement on each public school, including each charter school, to obtain and 30 maintain an order for opioid antagonists. Section 8 of this bill similarly authorizes a 31 private school to obtain and maintain opioid antagonists at the school. If a public or 32 private school obtains an order for opioid antagonists, sections 3, 5 and 8 of this 33 bill allow a school nurse or other designated employee of the public or private 34 school, as applicable, who has received training in the storage and administration of 35 opioid antagonists to possess and administer opioid antagonists to a pupil on the 36 premises of the school during the school day who is reasonably believed to be 37 experiencing an opioid-related drug overdose. Sections 6-8 of this bill require 38 training in the storage and administration of opioid antagonists to be provided to 39 designated employees of a public or private school. 40 Section 9 of this bill requires a registered pharmacist to transfer an order for an 41 opioid antagonist to another registered pharmacist at the request of a public or 42 private school for which the order was issued. Section 9 also exempts a pharmacist 43 who dispenses an opioid antagonist pursuant to such an order from liability for 44 certain damages relating to the acquisition, possession, provision or administration 45 of an opioid antagonist not amounting to gross negligence or reckless, willful or 46 wanton conduct.
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