Section 1.

(1)  In this section:

(a)  “Department” means [insert agency responsible for EMS in the state].

(b)  “Fire fighter” means any person employed by the state or any political subdivision as a member or officer of a fire department or a member of a volunteer fire department.

(c)  “Law enforcement agency” means an agency of a federally recognized Indian tribe or band or a state or political subdivision of a state, whose purpose is the detection and prevention of crime and enforcement of laws or ordinances.

(d)  “Law enforcement officer” means any person employed by a law enforcement agency who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.

(e)  “Opioid antagonist” has the meaning given in section 2 (1) (b).

(f)  “Opioid-related drug overdose” means a condition including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.

(2)  (a)  Subject to par. (b), the department shall permit all emergency medical technicians to administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose.

(b)  The department shall require emergency medical technicians to undergo any training necessary to safely and properly administer naloxone or another opioid antagonist as specified under par. (a).

(c)  A certified first responder is authorized to administer naloxone or another opioid antagonist if the first responder has received training necessary to safely administer naloxone or the other opioid antagonist, as determined by the department.

(c)  Every ambulance service provider shall do all of the following:

1. Ensure that every emergency medical technician under the ambulance service provider’s supervision who has obtained the training necessary to safely and properly administer naloxone or another opioid antagonist has a supply of naloxone or the other opioid antagonist available for administration when he or she is performing his or her duties as an emergency medical technician, to the extent that naloxone or the other opioid antagonist is available to the ambulance service provider.
2. Require each certified first responder and emergency medical technician under the supervision of the ambulance service provider to, in the manner prescribed by the department, keep a record of each instance in which the certified first responder or emergency medical technician administers naloxone or another opioid antagonist to an individual who is undergoing or who is believed to be undergoing an opioid-related drug overdose.
3. Submit records under subd. 2. to the department in the manner prescribed by the department.

(3)  (a)  A law enforcement agency or fire department may enter into a written agreement to affiliate with an ambulance service provider or a physician for all of the following purposes:

1. Obtaining a supply of naloxone or another opioid antagonist.
2. Allowing law enforcement officers and fire fighters to obtain the training necessary to safely and properly administer naloxone or another opioid antagonist to individuals who are undergoing or who are believed to be undergoing an opioid-related drug overdose.

(b)  A law enforcement officer or fire fighter who, reasonably believing another person to be undergoing an opioid-related drug overdose, administers naloxone or another opioid antagonist to that person shall be immune from civil or criminal liability for any outcomes resulting from the administration of the opioid antagonist to that person, if the law enforcement officer or fire fighter is acting pursuant to an agreement and any training obtained under par. (a).

Note: Definitions for terms such as “ambulance service provider,” “first responder,” and “emergency medical technician” will probably vary by state, or different concepts may apply.

Section 2.

(1)  In this section:

(a)  “Administer,” “deliver,” and “dispense,” have the meanings given [under the state’s pharmacy practice act].

(b)  “Opioid antagonist” means a drug, such as naloxone, that satisfies all of the following:

1. The drug binds to the opioid receptors and competes with or displaces opioid agonists at the opioid receptor site but does not activate the receptors, effectively blocking the receptor and preventing or reversing the effect of an opioid agonist.
2. The drug is not a controlled substance.

(c)  “Opioid-related drug overdose” has the meaning given in Section 1 (f).

(d)  “Standing order” means an order transmitted electronically or in writing by a practitioner for a drug or device for multiple patients or for one or more groups of patients.

(2)  (a)  A physician, physician assistant, or advanced practice nurse authorized to issue prescription orders may do any of the following:

1. Prescribe an opioid antagonist to a person in a position to assist an individual at risk of undergoing an opioid-related drug overdose and may deliver the opioid antagonist to that person. A prescription order under this subdivision need not specify the name and address of the individual to whom the opioid antagonist will be administered, but shall instead specify the name of the person to whom the opioid antagonist is prescribed.
2. Issue a standing order to one or more persons authorizing the dispensing of an opioid antagonist.

(b)  A physician, physician assistant, or advanced practice nurse who prescribes or delivers an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid antagonist is prescribed has or has the capacity to provide the knowledge and training necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related overdose and that the person demonstrates the capacity to ensure that any individual to whom the person further delivers the opioid antagonist has or receives that knowledge and training.

(3)  A physician, physician assistant, or advanced practice nurse who, acting in good faith, prescribes or delivers an opioid antagonist in accordance with sub. (2), or who, acting in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.

(4)  (a)  1.  A pharmacist may, upon and in accordance with the prescription order of a physician, physician assistant, or advanced practice nurse authorized to issue prescription orders under sub. (2) (a) 1. that complies with [the requirements under the state’s pharmacy practice act relating to prescription orders], deliver an opioid antagonist to a person specified in the prescription order and may, upon and in accordance with the standing order of a physician, physician assistant, or advanced practice nurse under sub. (2) (a) 2. that complies with [the requirements under the state’s pharmacy practice act relating to prescription orders], deliver an opioid antagonist to an individual in accordance with the order.  The pharmacist shall provide a consultation in accordance with [the requirements under the state’s pharmacy practice act relating to consultations].

2. A pharmacist who, acting in good faith, delivers an opioid antagonist in accordance with subd. 1., or who, acting in good faith, otherwise lawfully dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline under for any outcomes resulting from delivering or dispensing the opioid antagonist.

(b)  1.  Any person may possess an opioid antagonist.

2. a. Subject to subd. 2. b. and c., any person may deliver or dispense an opioid antagonist.
3. A physician, physician assistant, or advanced practice nurse may only deliver or dispense an opioid antagonist in accordance with sub. (2) or in accordance with his or her other legal authority to dispense prescription drugs.
4. A pharmacist may only deliver or dispense an opioid antagonist in accordance with par. (a) 1. or in accordance with his or her other legal authority to dispense prescription drugs.

(c)  1.  Subject to par. (a) 2. and sub. (3), any person who, acting in good faith, delivers or dispenses an opioid antagonist to another person shall be immune from civil or criminal liability for any outcomes resulting from delivering or dispensing the opioid antagonist.

2. Subject to section 1 (3) (b), any person who, reasonably believing another person to be undergoing an opioid-related drug overdose, administers an opioid antagonist to that person shall be immune from civil or criminal liability for any outcomes resulting from the administration of the opioid antagonist to that person.

Note: In Wisconsin, we strongly disfavor the use of phrasing such as “notwithstanding any other provision of law.”  Our practice is instead to look for provisions that would potentially conflict and amend them to clearly resolve any conflict.  In Wisconsin, it was necessary to amend a number of provisions relating to prescription drugs, but in other states, the phrasing “notwithstanding any other provision of law” may be used instead.