An Act
ENROLLED SENATE
BILL NO. 1740 By: Gollihare of the Senate
and
Boatman and Swope of the
House
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:
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
ENR. S. B. NO. 1740 Page 2
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 Couns elors 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 Counsel ors 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
3. 4. “Medical personnel at schools ” means a certified sch ool
nurse or any other nurse employed by or under contract with a
school, any licensed practitioner of the healing arts, or any person
designated by the school administration to administer an opiate
emergency opioid antagonist in the event of a suspected o verdose
pursuant to Section 2 of this act Section 1210.242 of Title 70 of
the Oklahoma Statutes .
B. First responders shall have the authority to administer,
without prescription, opiate emergency opioid antagonists when
encountering an individual exhibit ing 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:
ENR. S. B. NO. 1740 Page 3
1. Law enforcement officials;
2. Emergency medical technicians;
3. Firefighters;
4. Medical personnel at schools including any public or charter
schools, technology cen ter 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 ac ts or
omissions by such first responder except for committing gross
negligence or willful wanton wrongs in administering or providing
such emergency opioid antagonist .
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.
ENR. S. B. NO. 1740 Page 4
B. Upon request, a provider may prescribe an emergency opioid
antagonist to an individual for use by that individual w hen
encountering a family member exhibiting signs of an opioid overdose.
B. C. When an emergency opioid antagonist is prescribed in
accordance with subsection A subsection B of this section, the
provider shall provide:
1. Information on how to spot sym ptoms 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.
C. D. Any family member administering an who administers an
emergency opioid antagonist in good faith and in a manner consistent
with addressing 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 family member in administering such
emergency opioid antagonist .
D. E. Any provider prescribing or administering who prescribes
or administers an opioid antagonist in good faith and in a manner
consistent with addressing 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 provider except for
committing gross negligence or willful wanton wrongs in prescribing
or administering such emergency opioid antagonist.
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.
ENR. S. B. NO. 1740 Page 5
(1) 1. Where no prior contr actual relationship exists, any
person licensed to practice any method of treatment of human
ailments, disease, pain, injury, deformity, mental or physical
condition, or licensed to render services ancillary thereto,
including licensed registered and pract ical nurses, who, under
emergency circumstances that suggest the giving of aid is the only
alternative to probable death or serious bodily injury, in good
faith, voluntarily and without compensation, renders or attempts to
render emergency care to an injur ed person or any person who is in
need of immediate medical aid, wherever required, shall not be
liable for damages as a result of any acts or omissions except for
committing gross negligence or willful or wanton wrongs in rendering
the emergency care.
(2) 2. Where no prior contractual relationship exists, any
person who in good faith renders or attempts to render emergency
care consisting of artificial respiration, restoration of breathing ,
use of an emergency opioid antagonist to prevent opioid overdose , or
preventing or retarding the loss of blood, or aiding or restoring
heart action or circulation of blood to the victim or victims of an
accident or emergency, wherever required, shall not be liable for
any civil damages as a result of any acts or omissi ons by such
person in rendering the emergency care. As used in this paragraph,
“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 Ad ministration for the
treatment of an opioid overdose.
(3) 3. Where no prior contractual relationship exists, any
person licensed to perform surgery or dentistry in this state who in
good faith renders emergency care requiring the performance of an
operation or other form of surgery upon any individual who was the
victim of an accidental act shall not be liable for any civil
damages or subject to criminal prosecution as the result of
nonconsent whereby such person renders or attempts to render the
emergency surgery or operation voluntarily and without compensation,
wherever required, except for gross negligence or willful or wanton
wrongs committed in rendering the care; provided, however, that the
exemption granted by this subsection shall not attach if th e victim
is an adult who is conscious and capable of giving or refusing his
or her consent; or if the victim ’s spouse, or parent, or guardian in
the case of a minor or incompetent person, can be reached in a
ENR. S. B. NO. 1740 Page 6
reasonable time considering the condition of the victim and
consistent with good medical practice, and unless concurrence is
obtained for such emergency surgery or operation from one other
person licensed to perform surgery in this state.
(4) 4. Where no contractual relationship exists, any person, or
any member of his or her immediate family or household, who has been
approved by the local P.T.A. or other local sponsoring agency or
organization, who has registered with the local municipal police
chief or the county sheriff, and who has been granted ap propriate
authorization by either the police chief or the county sheriff to
indicate by sign in the window of his or her home or in any other
tangible or identifiable manner that he or she will extend aid and
refuge to persons on the streets in apparent da nger, or in need of
aid, by inviting those persons into the person ’s home, or onto
premises thereof, and in good faith provides such refuge or aid
without objection of the endangered or needy person, whether child
or adult, neither the person extending the aid and refuge nor the
homeowner or head of household shall be liable for civil damages as
a result of actions or omissions in rendering emergency physical
care to the body of the aided person; nor shall they be liable for
civil damages for any other inju ry in the home, or on premises
thereof, to the person aided, nor for any failure to provide or
arrange for his or her police protection or other protection or
medical treatment, when the actions or omissions were those of an
ordinarily reasonably prudent p erson under the circumstances without
want of ordinary care or skill.
(b) B. This act section shall be known and may be cited as the
“Good Samaritan Act.”.
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.
ENR. S. B. NO. 1740 Page 7
Passed the Senate the 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 16th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________