West Virginia Code § 16-46-5

Licensed health care providers limited liability related to opioid
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antagonist prescriptions.
(a) A licensed health care provider who is permitted by law to prescribe drugs, including
opioid antagonists, may, if acting in good faith, prescribe and subsequently dispense or
distribute an opioid antagonist without being subject to civil liability or criminal prosecution
unless prescribing the opioid antagonist was the result of the licensed healteh care providers
gross negligence or willful misconduct.
(b) For purposes of this chapter and chapter sixty-a of this code, any prescription written, as
described in section three of this article, shall be presumed as beuing issued for a legitimate
medical purpose in the usual course of professional practice unless the presumption is
rebutted by a preponderance of the evidence. t
(c) Any person who possesses an opioid antagonist and administers it to a person whom they
believe to be suffering from an opioid-related overdose and who is acting in good faith is not,
as a result of his or her actions or omissions, subjeclt to criminal prosecution arising from the
possession of an opioid antagonist or subject tso any civil liability with respect to the
administration of or failure to administer the opioid antagonist unless the act or failure to
act was the result of gross negligence or willful misconduct.
(d) Any person who administers an opioid antagonist to a person whom they believe to be
suffering from an opioid-related overdose is required to seek additional medical treatment at
a medical facility for that person immediately following the administration of the opioid
antagonist to avoid further complications as a result of suspected opioid-related overdose.
(e) Any pharmacist or pharmacy intern who dispenses or refuses to dispense an opioid
antagonist under the provisions of this article who is acting in good faith and subject to the
requirements of section three-a of this article is not, as a result of his or her actions or
omissions, subject to civil liability or criminal prosecution unless dispensing the opioid
antWagonist was the result of the pharmacist or pharmacy interns gross negligence or willful
misconduct.

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