TITLE 16

Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 30G. NALOXONE


(a) An individual who is public safety personnel is authorized to receive, carry, and administer the drug naloxone if the individual has completed a Department-approved training course. For purposes of this section, "public safety personnel'' means as defined under § 9702 of this title.

(b) Public safety personnel who, acting in good faith and after completing a Department-approved training course, administers the drug naloxone to an individual whom the public safety personnel reasonably believes to be undergoing an opioid-related drug overdose is not liable for damages for injuries or death sustained to the individual in connection with administering the drug, unless it is established that such injuries or death were caused wilfully, wantonly, recklessly, or by gross negligence on the part of the public safety personnel who administered the drug.

(c) Nothing in this chapter mandates that an agency require its public safety personnel to carry or administer naloxone.

(d) Notwithstanding any other provision of law, the purchase, acquisition, possession or use of naloxone pursuant to this section shall not constitute the unlawful practice of a profession or violation of the Uniform Controlled Substances Act [§ 4701 et seq. of this title].

(e) DHSS shall create written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of naloxone by public safety personnel and participants in the Community-Based Naloxone Access Program. The treatment protocol for naloxone administration under this chapter must be approved and signed by the State EMS Medical Director, or the Medical Director or the Director of the Division of Public Health, Department of Health and Social Services. A doctor prescribing naloxone who, acting in good faith, directly or by standing order, prescribes or dispenses the drug naloxone to a person who completes an approved-training program who, in the judgment of the health-care provider, is capable of administering the drug for an emergency opioid overdose, shall not be subject to disciplinary or other adverse action under any professional licensing statute, criminal liability, or liable for damages for injuries or death sustained to the individual in connection with administering the drug, unless it is established that such injuries or death were caused wilfully, wantonly, or by gross negligence on the part of the doctor who signed the standing order and protocol.

(f) DHSS is authorized to oversee the implementation and monitoring of the Public Safety Personnel and Community-Based Naloxone Access Programs.

(g) Pharmacists who dispense naloxone under this section must do so in good faith and with reasonable care. Unless it is established that the pharmacist caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a pharmacist is not subject to any of the following as a result of dispensing naloxone:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

79 Del. Laws, c. 384, § 1; 81 Del. Laws, c. 83, § 1; 81 Del. Laws, c. 265, § 1.;