SUBSTANCE ABUSE SERVICES
OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session
2024 Okla. Sess. Law Serv. Ch. 45 (S.B. 1740) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
CHAPTER 45
S.B. No. 1740
SUBSTANCE ABUSE SERVICES
An Act relating to substance abuse services; amending 63 O.S. 2021, Sections 1–2506.1 and 1–2506.2, as amended by Section 1, Chapter 74, O.S.L. 2023 (63 O.S. Supp. 2023, Section 1–2506.2), which relate to administration of opioid antagonists; defining terms; making certain terminology uniform; clarifying applicability of certain liability protections; amending 76 O.S. 2021, Section 5, which relates to the Good Samaritan Act; broadening applicability of certain liability protections; defining term; updating statutory language and references; making language gender neutral; and declaring an emergency.
SUBJECT: Substance abuse services
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 63 § 1–2506.1 >>
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1–2506.1, is amended to read as follows:
Section 1–2506.1. A. As used in this section:
1. “Certified alcohol and drug counselor” means any person who is not exempt pursuant to the provisions of Section 1872 of Title 59 of the Oklahoma Statutes and is not licensed under the Licensed Alcohol and Drug Counselors Act, but who provides alcohol and drug counseling services within the scope of practice while employed by an entity certified by the Department of Mental Health and Substance Abuse Services, or who is exempt from such certification, or who is under the supervision of a person recognized by the Oklahoma Board of Licensed Alcohol and Drug Counselors as a supervisor. A certified alcohol and drug counselor may provide counseling services for co-occurring disorders if he or she has been certified by the Board to provide counseling as provided in this section for co-occurring disorders;
2. “Emergency opioid antagonist” means a drug including, but not limited to, naloxone that blocks the effects of opioids and that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose;
3. “Licensed alcohol and drug counselor” means any person who provides alcohol and drug counseling services within the scope of practice, including co-occurring disorders, for compensation to any person and is licensed pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act. The term “licensed alcohol and drug counselor” licensed alcohol and drug counselor shall not include those professions exempted by Section 1872 of Title 59 of the Oklahoma Statutes; and
B. First responders shall have the authority to administer, without prescription, opiate emergency opioid antagonists when encountering an individual exhibiting signs of an opiate opioid overdose.
C. First responders may provide, without prescription, opiate emergency opioid antagonists to individuals who have experienced or witnessed an opiate opioid overdose for use by those individuals at a later date.
D. For the purposes of this provision section, a first responder shall include:
1. Law enforcement officials;
2. Emergency medical technicians;
3. Firefighters;
4. Medical personnel at schools including any public or charter schools, technology center schools and institutions of higher education;
5. Forensic laboratory personnel of the Oklahoma State Bureau of Investigation as designated by the Executive Director;
6. Personnel of the Department of Corrections or of any entity that contracts with the Department of Corrections to provide housing or services for inmates of the Department of Corrections; and
7. Certified alcohol and drug counselors and licensed alcohol and drug counselors.
E. Any first responder administering or providing an opiate antagonist who administers or provides an emergency opioid antagonist in good faith and in a manner consistent with addressing opiate opioid overdose shall be covered under the Good Samaritan Act not be liable for any civil damages as a result of any acts or omissions by such first responder except for committing gross negligence or willful wanton wrongs in administering or providing such emergency opioid antagonist.
<< OK ST T. 63 § 1–2506.2 >>
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1–2506.2, as amended by Section 1, Chapter 74, O.S.L. 2023 (63 O.S. Supp. 2023, Section 1–2506.2), is amended to read as follows:
Section 1–2506.2. A. As used in this section, “emergency opioid antagonist” means a drug including, but not limited to, naloxone that blocks the effects of opioids and that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose.
B. Upon request, a provider may prescribe an emergency opioid antagonist to an individual for use by that individual when encountering a family member exhibiting signs of an opioid overdose.
1. Information on how to spot symptoms of an overdose;
2. Instruction in basic resuscitation techniques;
3. Instruction on proper emergency opioid antagonist administration; and
4. The importance of calling nine-one-one (911) 9–1–1 for help.
<< OK ST T. 76 § 5 >>
SECTION 3. AMENDATORY 76 O.S. 2021, Section 5, is amended to read as follows:
Section 5. (a) A. Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself, and except as hereinafter provided.
SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved April 19, 2024.
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