1. (1)

   1. (a) A prescriber may prescribe or dispense, directly or in accordance with standing orders and protocols, an opioid antagonist to an entity on the state board of health's eligible entity list created pursuant to section 25-1.5-115.1 (1).

   2. (b) An eligible entity described in section 25-1.5-115.1 (1) may, pursuant to an order or standing orders and protocols:

      1. (I) Possess an opioid antagonist;
      2. (II) Furnish an opioid antagonist to a family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or
      3. (III) Administer an opioid antagonist to an individual experiencing, or who a reasonable person would believe is experiencing, an opioid-related drug overdose event.

2. (2)

   1. (a) A prescriber who prescribes or dispenses an opioid antagonist pursuant to this section is strongly encouraged to educate persons receiving the opioid antagonist on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.
   2. (b) An eligible entity described in section 25-1.5-115.1 (1) is strongly encouraged to educate employees, agents, and volunteers, as well as persons receiving an opioid antagonist from an eligible entity described in section 25-1.5-115.1 (1), on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.

3. (3) A prescriber described in subsection (7)(h) of this section does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240-121, 12-255-120, or 12-280-126, as applicable, if the prescriber issues standing orders and protocols regarding opioid antagonists or prescribes or dispenses, pursuant to an order or standing orders and protocols, an opioid antagonist in a good faith effort to assist:

   1. (a) An individual who is at risk of experiencing an opioid-related drug overdose event;
   2. (b) A family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or
   3. (c) An eligible entity described in section 25-1.5-115.1 (1) in responding to, treating, or otherwise assisting an individual who is experiencing or is at risk of experiencing an opioid-related drug overdose event or a friend, family member, or other person in a position to assist an at-risk individual.

   4. (3.5)

      1. (a) Notwithstanding any provision of this title 12 or rules implementing this title 12, a prescriber prescribing or dispensing an opioid antagonist in accordance with this section, other than a pharmacist or other prescriber prescribing and dispensing from a prescription drug outlet or pharmacy, is not required to comply with laws relating to labeling, storage, or record keeping for the opioid antagonist.

      2. (b) A prescriber prescribing or dispensing an opioid antagonist exempted from labeling, storage, or record-keeping requirements pursuant to this subsection (3.5):

         1. (I) Does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240-121 or 12-255-120, as applicable; and
         2. (II) Is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively.

4. (4)

   1. (a) A prescriber who prescribes or dispenses an opioid antagonist in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively.
   2. (b) An eligible entity described in section 25-1.5-115.1 (1) acting in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.
5. (5) This section does not establish a duty or standard of care for prescribers regarding the prescribing, dispensing, or administering of an opioid antagonist.
6. (6) Nothing in this section limits or otherwise affects the prescriptive authority of a health-care professional licensed under article 220, 275, 290, or 315 of this title 12.

7. (7) As used in this section:

   1. (a) Community corrections program has the same meaning as set forth in section 17-27-102 (3).
   2. (a.3) Community service organization means a nonprofit organization that is in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office that provides services to an individual at risk of experiencing an opioid-related drug overdose event or to the individual's family members, friends, or other persons in a position to assist the individual.
   3. (a.5) Correctional facility has the same meaning as set forth in section 17-1-102 (1.7).

   4. (a.7) First responder means:

      1. (I) A peace officer, as defined in section 16-2.5-101;
      2. (II) A firefighter, as defined in section 29-5-203 (10);
      3. (III) A volunteer firefighter, as defined in section 31-30-1102 (9); or
      4. (IV) An emergency medical service provider, as defined in section 25-3.5-103 (8).
      5. (b) Harm reduction organization means an organization that provides services, including medical care, counseling, homelessness services, or drug treatment, to individuals at risk of experiencing an opioid-related drug overdose event or to the friends and family members of an at-risk individual.
      6. (b.2) Institution of higher education means a public or nonpublic institution that awards any type of postsecondary certificate, degree, or other credential and is located in Colorado.
      7. (b.3) Local jail has the same meaning as set forth in section 17-1-102 (7).
      8. (b.4) Local public health agency means an agency established pursuant to section 25-1-506.
      9. (b.5) Mental health professional means a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under article 245 of this title 12.
      10. (b.7) Multijurisdictional jail has the same meaning as described in section 17-26.5-101.
      11. (b.8) Municipal jail has the same meaning as described in section 31-15-401 (1)(j).
      12. (c) Opioid has the same meaning as opiate, as set forth in section 18-18-102 (21).
      13. (d) Opioid antagonist means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose. Opioid antagonist includes an expired opioid antagonist.

      14. (e) Opioid-related drug overdose event means an acute condition, including a decreased level of consciousness or respiratory depression, that:

          1. (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;
          2. (II) A layperson would reasonably believe to be caused by an opioid-related drug overdose event; and
          3. (III) Requires medical assistance.
      15. (f) Order has the same meaning as set forth in section 12-280-103 (31).
      16. (g) Pharmacist means an individual licensed by the state pursuant to article 280 of this title 12 to engage in the practice of pharmacy.

      17. (h) Prescriber means:

          1. (I) A physician or physician assistant licensed pursuant to article 240 of this title 12;
          2. (II) An advanced practice registered nurse, as defined in section 12-255-104 (1), or a certified midwife, as defined in section 12-255-104 (3.2), with prescriptive authority pursuant to section 12-255-112; or
          3. (III) A pharmacist.
          4. (h.3) Pretrial services program has the same meaning as described in section 16-4-106.
          5. (h.7) Private contract prison has the same meaning as set forth in section 17-1-102 (7.3).
      18. (i) Protocol means a specific written plan for a course of medical treatment containing a written set of specific directions created by a physician, group of physicians, hospital medical committee, pharmacy and therapeutics committee, or other similar practitioners or groups of practitioners with expertise in the use of opioid antagonists.
      19. (i.5) School means an elementary or secondary public or nonpublic school whose governing authority has adopted and implemented a policy pursuant to section 22-1-119.1.
      20. (j) Standing order means a prescription order written by a prescriber that is not specific to and does not identify a particular patient.
      21. (k) Unit of local government has the same meaning as set forth in section 29-3.5-101 (4).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 774, § 1, effective October 1; (1)(a)(III), (1)(a)(IV), IP(1)(b), (2)(b), IP(3), (3)(c), and (4)(b) amended and (1)(a)(V), (1)(a)(VI), and (7)(i.5) added, (SB 19-227), ch. 273, p. 2583, § 14, effective October 1. L. 2020: IP(1)(b), (2)(b), (3)(c)(III), and (3)(c)(IV) amended and (3)(c)(V) and (7)(b.5) added, (HB 20-1206), ch. 304, p. 1525, § 5, effective July 14. L. 2021: (1)(a)(V), (1)(a)(VI), IP(1)(b), (2)(b), (3)(c)(IV), (3)(c)(V), and (4)(b) amended and (1)(a)(VII), (3)(c)(VI), and (7)(k) added, (SB 21-122), ch. 33, p. 135, § 1, effective April 15; IP(1)(a), (2)(a), IP(3), (4)(a), and (7)(h) amended, (SB 21-094), ch. 314, p. 1943, § 31, effective September 1. L. 2022: (1)(a)(VI), IP(1)(b), (2)(b), (3)(c), (4)(b), and (7)(a) amended and (1)(a)(VIII) to (1)(a)(XXI), (3.5), (7)(a.3), (7)(a.5), (7)(a.7), (7)(b.2), (7)(b.3), (7)(b.4), (7)(b.7), (7)(b.8), (7)(h.3), and (7)(h.7) added, (HB 22-1326), ch. 225, p. 1637, § 12, effective July 1; (4)(b) and (7)(b.5) amended, (HB 22-1307), ch. 207, p. 1371, § 1, effective August 10. L. 2023: (7)(h)(II) amended, (SB 23-167), ch. 261, p. 1533, § 29, effective May 25; (4)(b) amended, (HB 23-1301), ch. 303, p. 1818, § 14, effective August 7. L. 2024: IP(1)(a), (1)(a)(I), (1)(a)(II), (1)(b), (2), (3), (3.5)(a), IP(3.5)(b), (4)(a), (5), (7)(a.3), (7)(b), (7)(c), (7)(d), IP(7)(e), (7)(e)(II), and (7)(i) amended, (HB 24-1037), ch. 458, p. 3166, § 9, effective June 6; (1)(a)(V) amended, (HB 24-1003), ch. 121, p. 396, § 5, effective August 7. L. 2025: (1)(a), IP(1)(b), (2)(b), (3)(c), and (4)(b) amended, (SB 25-164), ch. 168, p. 682, § 6, effective August 6.

Editor's note: (1) Subsection (1)(a) is similar to former § 12-36-117.7 (1); subsection (1)(b) is similar to former § 12-42.5-120 (3)(d)(I); subsection (2)(a) is similar to former § 12-36-117.7 (2); subsection (2)(b) is similar to former § 12-42.5-120 (3)(d)(II); subsection (3) is similar to former § 12-36-117.7 (3); subsection (4)(a) is similar to former § 12-36-117.7 (4); subsection (4)(b) is similar to former § 12-42.5-120 (3)(d)(III); subsection (5) is similar to former § 12-36-117.7 (5); and subsection (7) is similar to former § 12-36-117.7 (6), as those sections existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-227. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-227, chapter 273, Session Laws of Colorado 2019.

(3) Amendments to subsection (4)(b) by HB 22-1326 and HB 22-1307 were harmonized.

Cross references: (1) For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to Legislative Resources and Requirements on the Colorado General Assembly's website.

(2) For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024.