ENROLLED
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ACT No. 253
Regular Session, 2014
HOUSE BILL NO. 754
BY REPRESENTATIVES MORENO, BADON, WESLEY BISHOP, HENRY BURNS,
BURRELL, EDWARDS, HARRISON, LEBAS, LEGER, ST. GERMAIN, AND
WILLMOTT AND SENATORS BUFFI NGTON, DORSEY-COLOMB,
HEITMEIER, AND MILLS
AN ACT1
To enact R.S. 40:978.1, relative to the prescribing and administering of an opioid antagonist2
for overdoses of controlled dangerous substances; to authorize a first responder to3
receive a prescription for naloxone; to authorize the first responder to administer4
naloxone to a third party; to limit liability for the administration of naloxone by a5
first responder; to require training prior to receiving a prescription for naloxone; to6
require promulgation of best practices; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:978.1 is hereby enacted to read as follows: 9
ยง978.1. Naloxone; first responder; prescription; administration to third party;10
limitation of liability11
A. For the purposes of this Section, the following definitions apply:12
(1) "First responder" means any of the following:13
(a) A peace officer as defined in R.S. 40:2402.14
(b) A firefighter regularly employed by a fire department of any15
municipality, parish, or fire protection district of the state of Louisiana, or any16
volunteer fireman of the state of Louisiana.17
(c) An EMS practitioner as defined in R.S. 40:1231.18
(2) "Law enforcement agency" means an agency of a federally recognized19
Indian tribe or band or a state or political subdivision of a state, whose purpose is the20
detection and prevention of crime and enforcement of laws or ordinances.21 ENROLLEDHB NO. 754
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(3) "Opioid-related drug overdose" means a condition including extreme1
physical illness, decreased level of consciousness, respiratory depression, coma, or2
the ceasing of respiratory or circulatory function resulting from the consumption or3
use of an opioid, or another substance with which an opioid was combined.4
B. A first responder may receive a prescription for naloxone or another5
opioid antagonist, maintain the naloxone or other opioid antagonist in the first6
responder's possession, and administer the naloxone or other opioid antagonist to any7
individual who is undergoing or who is believed to be undergoing an opioid-related8
drug overdose.9
C.(1) Before receiving a prescription for naloxone or another opioid10
antagonist pursuant to this Section, a first responder shall complete the training11
necessary to safely and properly administer naloxone or another opioid antagonist12
to individuals who are undergoing or who are believed to be undergoing an13
opioid-related drug overdose. The training, at a minimum, shall cover all of the14
following:15
(a) Techniques on how to recognize symptoms of an opioid-related overdose.16
(b) Standards and procedures for the storage and administration of naloxone17
or another opioid antagonist.18
(c) Emergency follow-up procedures.19
(2) A first responder shall keep a record of each instance in which the first20
responder administers naloxone or another opioid antagonist to an individual who21
is undergoing or who is believed to be undergoing an opioid-related drug overdose.22
D. A law enforcement agency or fire department may enter into a written23
agreement to affiliate with an ambulance service provider or a physician for all of24
the following purposes:25
(1) Obtaining a supply of naloxone or another opioid antagonist.26
(2) Allowing law enforcement officers and firefighters to obtain the training27
necessary to safely and properly administer naloxone or another opioid antagonist28
to individuals who are undergoing or who are believed to be undergoing an29
opioid-related drug overdose.30 ENROLLEDHB NO. 754
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E. A first responder who, reasonably believing another person to be1
undergoing an opioid-related drug overdose, administers naloxone or another opioid2
antagonist to that person shall be immune from civil liability, criminal prosecution,3
or disciplinary or other adverse action under any professional licensing statute for4
any outcomes resulting from the administration of the naloxone or another opioid5
antagonist to that person, unless personal injury results from the gross negligence or6
willful or wanton misconduct of the first responder administering the drug.7
F. The deputy secretary of public safety services of the Department of Public8
Safety and Corrections shall develop and promulgate, in accordance with the9
Administrative Procedure Act, a set of best practices for use by a fire department or10
law enforcement agency in the administration and enforcement of this Section11
including but not limited to the training necessary to safely and properly administer12
naloxone or another opioid antagonist to individuals who are undergoing or who are13
believed to be undergoing an opioid-related drug overdose, the standards and14
procedures for the storage and administration of naloxone or another opioid15
antagonist, and emergency follow-up procedures.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: