Immunity from Civil or Criminal Liability

COL 8/23/2023 CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023

(a)Prescribers. Any prescriber, who, in good faith and in the absence of gross negligence, malice, or criminal intent, issues a prescription for an emergency opioid antagonist shall be immune from civil or criminal liability and shall not be subject to administrative action for the issuance of such prescription or the ultimate outcome of such prescription.

(b)Dispensers. Any dispenser, who, in good faith and in the absence of gross negligence, malice, or criminal intent, issues a prescription for an emergency opioid antagonist shall be immune from civil or criminal liability and shall not be subject to administrative action for the dispensing of such prescription or the ultimate outcome from the dispensing of such prescription.

(c)Distributor. Any individual, trained community-based organization, entity, first responder, peace officer, or trained school personnel, who, in good faith and in the absence of gross negligence, malice, or criminal intent, distributes an emergency opioid antagonist shall be immune from civil or criminal liability and shall not be subject to administrative action for distributing an emergency opioid antagonist or the ultimate outcome of such distribution.

(d)Administrator. Any person who, in good faith, and in the absence of gross negligence, malice, or criminal intent, administers an emergency opioid antagonist to a person suffering, or believed to be suffering, an opioid overdose, shall be immune from civil or criminal liability and shall not be subject to administrative action for administering an emergency opioid antagonist or the ultimate outcome of such administration.

(e)Good Samaritan Protections. Individuals who summon emergency medical assistance contemporaneously with administering an emergency opioid antagonist shall, in addition to the protections afforded under subsection

(d)receive the protections afforded by 20 GCA §2104.

(f)A health care practitioner or an employee or a volunteer of a community-based organization who prescribes, dispenses, or distributes an opioid antagonist in accordance with this section shall be immune from civil or criminal liability for the subsequent use or administration of the opioid antagonist, unless the health COL 8/23/2023 CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 care practitioner’s actions with regard to the prescribing, dispensing, or distributing the opioid antagonist constitute recklessness, gross negligence, or intentional misconduct.

(g)An employee or volunteer of a community-based organization who dispenses or distributes an opioid antagonist in accordance with this section shall be immune from civil or criminal liability for the subsequent use or administration of the opioid antagonist, unless the employee or volunteer’s actions regarding the dispensing or distributing of the opioid antagonist constitute recklessness, gross negligence, or intentional misconduct.

(h)First responders, peace officers, and trained school personnel who dispenses or distributes an opioid antagonist in accordance with this section shall be immune from civil or criminal liability for the subsequent use or administration of the opioid antagonist, unless the first responders’, peace officers’, and trained school personnel’s actions regarding the dispensing or distributing of the opioid antagonist constitute recklessness, gross negligence, or intentional misconduct.

(i)The immunity granted pursuant to paragraph

(1)of this subsection shall apply whether or not the opioid antagonist is administered by or to the person for whom it was prescribed, dispensed, or distributed.

(j)Nothing in this section shall be construed to require a health care professional to prescribe, dispense, or distribute an opioid antagonist to a person at risk of experiencing an opioid related overdose or a family member, or friend, or other person in a position to assist a person at risk of experiencing an opioid related overdose, or an employee or volunteer of a communitybased organization.

(k)A health care professional that does not prescribe, dispense, or distribute an opioid antagonist based upon his or her professional judgement shall be immune from civil or criminal liability, unless the health care professional’s decision not to prescribe, dispense, or distribute an opioid antagonist constitutes recklessness, gross negligence, or intentional misconduct. COL 8/23/2023 CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023

(l)Nothing in this section shall be construed to expand the scope of practice of a health care professional