5011S.04F
1
SENATE SUBSTITUTE
FOR
HOUSE BILL NO. 2162
AN ACT
To repeal sections 195.206 and 196.1050, RSMo, and to
enact in lieu thereof two new sections relating to
opioid addiction treatment.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 195.206 and 196.1050, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 195.206 and 196.1050, to read as follows:3
195.206. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Addiction mitigation medication", naltrexone 3
hydrochloride that is administered in a manner approved by 4
the United States Food and Drug Administration or any 5
accepted medical practice method of administering; 6
[(1)] (2) "Opioid antagonist", naloxone hydrochloride 7
that blocks the effects of an opioid overdose that is 8
administered in a manner approved by the United States Food 9
and Drug Administration or any accepted medical practice 10
method of administering; 11
[(2)] (3) "Opioid-related drug overdose", a condition 12
including, but not limited to, extreme physical illness, 13
decreased level of consciousness, respiratory depression, 14
coma, or death resulting from the consumption or use of an 15
opioid or other substance with which an opioid was combined 16
or a condition that a layperson would reasonably believe to 17
be an opioid-related drug overdose that requires medical 18
assistance. 19
2. Notwithstanding any other law or regulation to the 20
contrary: 21
2
(1) The director of the departmen t of health and 22
senior services, if a licensed physician, may issue a 23
statewide standing order for an opioid antagonist or an 24
addiction mitigation medication ; 25
(2) In the alternative, the department may employ or 26
contract with a licensed physician who may issue a statewide 27
standing order for an opioid antagonist or an addiction 28
mitigation medication with the express written consent of 29
the department director. 30
3. Notwithstanding any other law or regulation to the 31
contrary, any licensed pha rmacist in Missouri may sell and 32
dispense an opioid antagonist or an addiction mitigation 33
medication under physician protocol or under a statewide 34
standing order issued under subsection 2 of this section. 35
4. A licensed pharmacist who, acting in go od faith and 36
with reasonable care, sells or dispenses an opioid 37
antagonist or an addiction mitigation medication and an 38
appropriate device to administer the drug, and the protocol 39
physician, shall not be subject to any criminal or civil 40
liability or any professional disciplinary action for 41
prescribing or dispensing the opioid antagonist or an 42
addiction mitigation medication or any outcome resulting 43
from the administration of the opioid antagonist or an 44
addiction mitigation medication . A physician issuing a 45
statewide standing order under subsection 2 of this section 46
shall not be subject to any criminal or civil liability or 47
any professional disciplinary action for issuing the 48
standing order or for any outcome related to the order or 49
the administration of the opioid antagonist or an addiction 50
mitigation medication . 51
5. Notwithstanding any other law or regulation to the 52
contrary, it shall be permissible for any person to possess 53
an opioid antagonist or an addiction mitigation medication . 54
3
6. Any person who administers an opioid antagonist to 55
another person shall, immediately after administering the 56
drug, contact emergency personnel. Any person who, acting 57
in good faith and with reasonable care, administers an 58
opioid antagonist to another person whom the person believes 59
to be suffering an opioid -related overdose shall be immune 60
from criminal prosecution, disciplinary actions from his or 61
her professional licensing board, and civil liability due to 62
the administration of the opioid antagonist. 63
196.1050. 1. The proceeds of any monetary settlement 1
or portion of a global settlement between the attorney 2
general of the state and any drug manufacturers, 3
distributors, or combination thereof to resolve an opioid - 4
related cause of action against such drug manufacturers, 5
distributors, or combination thereof in a state or federal 6
court shall only be utilized to pay for opioid addiction 7
treatment and prevention services and health care and law 8
enforcement costs rela ted to opioid addiction treatment and 9
prevention. Under no circumstances shall such settlement 10
moneys be utilized to fund other services, programs, or 11
expenses not reasonably related to opioid addiction 12
treatment and prevention. 13
2. (1) There is hereby established in the state 14
treasury the "Opioid Addiction Treatment and Recovery Fund", 15
which shall consist of the proceeds of any settlement 16
described in subsection 1 of this section, as well as any 17
funds appropriated by the general assembly, or gifts, 18
grants, donations, or bequests. The state treasurer shall 19
be custodian of the fund. In accordance with sections 20
30.170 and 30.180, the state treasurer may approve 21
disbursements. The fund shall be a dedicated fund and money 22
in the fund shall be used by the department of mental 23
health, the department of health and senior services, the 24
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department of social services, [and] the department of 25
public safety, the department of corrections, and the 26
judiciary for the purposes set forth in subsecti on 1 of this 27
section. 28
(2) Notwithstanding the provisions of section 33.080 29
to the contrary, any moneys remaining in the fund at the end 30
of the biennium shall not revert to the credit of the 31
general revenue fund. 32
(3) The state treasurer shal l invest moneys in the 33
fund in the same manner as other funds are invested. Any 34
interest and moneys earned on such investments shall be 35
credited to the fund. 36