responders - Liability. 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 shall not include those professions exempted by Section 1872 of Title 59 of the Oklahoma Statutes; and 4. “Medical personnel at schools” means a certified school 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 emergency opioid antagonist in the event of a suspected overdose pursuant to Section 1210.242 of Title 70 of the Oklahoma Statutes. B. First responders shall have the authority to administer, without prescription, emergency opioid antagonists when encountering an individual exhibiting signs of an opioid overdose. C. First responders may provide, without prescription, emergency opioid antagonists to individuals who have experienced or witnessed an opioid overdose for use by those individuals at a later date. D. For the purposes of this 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 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 who administers or provides an emergency opioid antagonist in good faith and in a manner consistent with addressing opioid overdose shall 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. Added by Laws 2013, c. 322, § 1, eff. Nov. 1, 2013. Amended by Laws 2017, c. 36, § 1, eff. Nov. 1, 2017; Laws 2019, c. 157, § 1, eff. Nov. 1, 2019; Laws 2019, c. 504, § 1, eff. July 1, 2019; Laws 2024, c. 45, § 1, emerg. eff. April 19, 2024.
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