In this subtitle the following words have the meanings indicated. “Pharmacist” has the meaning stated in § 12–101 of the Health Occupations Article. “Private or public entity” means a health care provider, local health department, community–based organization, substance abuse treatment organization, or other person that addresses medical or social issues related to drug addiction. “Program” means the Overdose Response Program. “Standing order” means a written instruction for the prescribing and dispensing of an opioid overdose reversal drug approved by the federal Food and Drug Administration in accordance with § 13–3106 of this subtitle.

The Overdose Response Program is a program administered by the Department for the purpose of providing a means of authorizing certain individuals to administer an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual experiencing, or believed to be experiencing, opioid overdose to help prevent a fatality when medical services are not immediately available.

The Department shall adopt regulations necessary for the administration of the Program. The Department may: Collect fees necessary for the administration of the Program; Authorize private or public entities to conduct education and training on opioid overdose recognition and response that include: Education on recognizing the signs and symptoms of an opioid overdose; Training on responding to an opioid overdose, including the administration of opioid overdose reversal drugs approved by the federal Food and Drug Administration, emphasizing the restoration of breathing, avoiding withdrawal, and compassionate postoverdose support and care; and Access to opioid overdose reversal drugs approved by the federal Food and Drug Administration and the necessary supplies for the administration of the opioid overdose reversal drugs; Develop guidance regarding the content of educational training programs conducted by private or public entities; and Collect and report data on the operation and results of the programs. An individual is not required to obtain training and education on opioid overdose recognition and response from a private or public entity under subsection (b) of this section in order for a pharmacist to dispense an opioid overdose reversal drug approved by the federal Food and Drug Administration to the individual. Subject to the limitations of the State budget, the Department shall purchase and provide opioid overdose reversal drugs approved by the federal Food and Drug Administration, at no cost, to the providers who are required to offer opioid overdose reversal drugs approved by the federal Food and Drug Administration under § 8–408 or § 19–310.3 of this article. An entity required to offer an opioid overdose reversal drug approved by the federal Food and Drug Administration under § 8–408 or § 19–310.3 of this article may provide an opioid overdose reversal drug approved by the federal Food and Drug Administration only if the opioid overdose reversal drug approved by the federal Food and Drug Administration is provided by the Department. The Department shall, subject to the limitations of the State budget, allow an entity that is provided with opioid overdose reversal drugs by the Department under this subsection to choose the formulation or dosage of opioid overdose reversal drugs approved by the federal Food and Drug Administration with which the entity is to be provided.

An authorized private or public entity shall enter into a written agreement with a licensed health care provider with prescribing authority to establish protocols for the prescribing and dispensing of an opioid overdose reversal drug approved by the federal Food and Drug Administration to any individual in accordance with this subtitle.

An individual may receive from any licensed health care provider with prescribing authority a prescription for an opioid overdose reversal drug approved by the federal Food and Drug Administration and the necessary supplies for the administration of the opioid overdose reversal drug. An individual for whom an opioid overdose reversal drug approved by the federal Food and Drug Administration is prescribed and dispensed in accordance with this subtitle may: Possess the prescribed opioid overdose reversal drug and the necessary supplies for the administration of the opioid overdose reversal drug; and In an emergency situation when medical services are not immediately available, administer the opioid overdose reversal drug to an individual experiencing or believed by the individual to be experiencing an opioid overdose.

A licensed health care provider with prescribing authority may prescribe and dispense an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual who: Is believed by the licensed health care provider to be at risk of experiencing an opioid overdose; or Is in a position to assist an individual at risk of experiencing an opioid overdose. A licensed health care provider with prescribing authority may prescribe and dispense opioid overdose reversal drugs approved by the federal Food and Drug Administration by issuing a standing order if the licensed health care provider: Is employed by the Department or a local health department; or Has a written agreement with an authorized private or public entity under § 13–3104 of this subtitle. A licensed health care provider with prescribing authority who issues a standing order under paragraph (1) of this subsection may delegate the dispensing of opioid overdose reversal drugs approved by the federal Food and Drug Administration to an employee or a volunteer of an authorized private or public entity in accordance with a written agreement under § 13–3104 of this subtitle. Any licensed health care provider who has dispensing authority also may dispense an opioid overdose reversal drug approved by the federal Food and Drug Administration to any individual in accordance with a standing order issued by a licensed health care provider with prescribing authority in accordance with this subsection. A pharmacist may dispense opioid overdose reversal drugs approved by the federal Food and Drug Administration in accordance with a therapy management contract under Title 12, Subtitle 6A of the Health Occupations Article.

An individual who, in accordance with this subtitle, is administering an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual experiencing or believed by the individual to be experiencing an opioid overdose may not be considered to be practicing: Medicine for the purposes of Title 14 of the Health Occupations Article; or Registered nursing for the purposes of Title 8 of the Health Occupations Article. An employee or volunteer of a private or public entity who, in accordance with this subtitle, provides an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual who has received education and training in opioid overdose recognition and response in accordance with a standing order may not be considered to be practicing: Medicine for the purposes of Title 14 of the Health Occupations Article; Registered nursing for the purposes of Title 8 of the Health Occupations Article; or Pharmacy for the purposes of Title 12 of the Health Occupations Article. A licensed health care provider who prescribes or dispenses opioid overdose reversal drugs approved by the federal Food and Drug Administration in accordance with this subtitle may not be subject to any disciplinary action by the appropriate licensing health occupations board under the Health Occupations Article solely for the act of prescribing or dispensing opioid overdose reversal drugs approved by the federal Food and Drug Administration.

An individual who administers an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual who is or in good faith is believed to be experiencing an opioid overdose shall have immunity from liability under §§ 5–603 and 5–629 of the Courts Article. A cause of action may not arise against any licensed health care provider with prescribing authority or pharmacist for any act or omission when the health care provider with prescribing authority or pharmacist in good faith prescribes or dispenses an opioid overdose reversal drug approved by the federal Food and Drug Administration and the necessary paraphernalia for the administration of the opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual under § 13–3106 of this subtitle. A cause of action may not arise against any business or business owner for any act or omission when the business or business owner in good faith makes opioid overdose reversal drugs approved by the federal Food and Drug Administration available to the employees or patrons of the business along with the necessary paraphernalia for administration of the opioid overdose reversal drugs approved by the federal Food and Drug Administration to an individual under § 13–3104 or § 13–3106 of this subtitle. This subtitle may not be construed to create a duty on any individual to: Obtain education and training from an authorized private or public entity under this subtitle, and an individual may not be held civilly liable for failing to obtain education and training from an authorized private or public entity under this subtitle; or Administer opioid overdose reversal drugs approved by the federal Food and Drug Administration to an individual who is experiencing or believed by the individual to be experiencing an opioid overdose.

A person who dispenses an opioid overdose reversal drug approved by the federal Food and Drug Administration in accordance with this subtitle is exempt from any laws that require a person to maintain a permit to dispense prescription drugs.