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REFERENCE TITLE: expired opioid antagonists; use |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2697 |
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Introduced by Representative Willoughby
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AN ACT
Amending sections 32-1979, 36-192, 36-798.51, 36-2266 and 36-2267, Arizona Revised Statutes; relating to substance use.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1979, Arizona Revised Statutes, is amended to read:
32-1979. Pharmacists; dispensing opioid antagonists; immunity; definition
A. A pharmacist may dispense, pursuant to a standing order issued pursuant to section 36-2266, naloxone hydrochloride or any other opioid antagonist, including any expired opioid antagonist, that is approved by the United States food and drug administration for a person who is at risk of experiencing an opioid-related overdose or to a family member or community member who is in a position to assist that person.
B. A pharmacist who dispenses naloxone hydrochloride or any other opioid antagonist, including any expired opioid antagonist, pursuant to subsection A of this section shall instruct the individual to whom the opioid antagonist is dispensed to summon emergency services as soon as practicable after administering the opioid antagonist.
C. This section does not affect the authority of a pharmacist to fill or refill a prescription for naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration.
D. A pharmacist who dispenses an opioid antagonist, including any expired opioid antagonist, pursuant to this section is immune from professional liability and criminal prosecution for any decision made, act or omission or injury that results from that act if the pharmacist acts with reasonable care and in good faith, except in cases of wanton or wilful neglect.
E. For the purposes of this section, "expired opioid antagonist" means an opioid antagonist that has an expiration date that is less than five years from the date of use.
Sec. 2. Section 36-192, Arizona Revised Statutes, is amended to read:
36-192. County health departments; naloxone kits; definition
A. The department and the Arizona health care cost containment system shall continue to distribute naloxone kits as necessary. In addition, a county health department may provide to a person who is at risk of experiencing or who is experiencing an opioid-related overdose a kit that contains naloxone hydrochloride or any other opioid antagonist, including any expired opioid antagonist, that is approved by the United States food and drug administration for the treatment of a drug overdose.
B. For the purposes of this section, "expired opioid antagonist" means an opioid antagonist that has an expiration date that is less than five years from the date of use.
Sec. 3. Section 36-798.51, Arizona Revised Statutes, is amended to read:
36-798.51. Overdose and disease prevention programs; requirements; standards; definition
A. A city, town, county or nongovernmental organization, including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, or any combination of these entities, may establish and operate an overdose and disease prevention program. A program established pursuant to this section shall have all of the following objectives:
1. To reduce the spread of viral hepatitis, HIV and other bloodborne diseases in this state.
2. To reduce needle-stick injuries to law enforcement officers and other emergency personnel.
3. To encourage individuals who inject drugs to enroll in evidence-based treatment.
4. To increase proper disposal of used syringes.
5. To reduce the occurrence of skin and soft tissue wounds and infections related to injection drug use.
B. A program established pursuant to this section shall offer all of the following:
1. Disposal of used needles and hypodermic syringes.
2. Needles, hypodermic syringes and other injection supply items at no cost and in quantities sufficient to ensure that needles, hypodermic syringes and other injection supply items are not shared or reused.
3. Educational materials on all of the following:
(a) Overdose prevention.
(b) Peer support services.
(c) The prevention of HIV, viral hepatitis transmission and the incidence of skin and soft tissue wounds and infections.
(d) Treatment for mental illness, including treatment referrals.
(e) Treatment for substance use disorder, including referrals for substance use disorder treatment.
4. Access to kits that contain naloxone hydrochloride or any other opioid antagonist, including any expired opioid antagonist, that is approved by the United States food and drug administration to treat a drug overdose, or referrals to programs that provide access to naloxone hydrochloride or any other opioid antagonist, including any expired opioid antagonist, that is approved by the United States food and drug administration to treat a drug overdose.
5. For each individual who requests services, personal consultations from a program employee or volunteer concerning mental health or substance use disorder treatment or referrals for evidence-based substance use disorder treatment, as appropriate.
C. A program established pursuant to this section shall develop standards for distributing and disposing of needles and hypodermic syringes based on scientific evidence and best practices. The number of needles and hypodermic syringes disposed of through a program shall be at least equivalent to the number of needles and hypodermic syringes distributed through the program.
D. For the purposes of this section, "expired opioid antagonist" means an opioid antagonist that has an expiration date that is less than five years from the date of use.
Sec. 4. Section 36-2266, Arizona Revised Statutes, is amended to read:
36-2266. Prescribing and dispensing; immunity; definitions
A. A physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse practitioner licensed pursuant to title 32, chapter 15 and authorized by law to prescribe drugs or any other health professional who has prescribing authority and who is acting within the health professional's scope of practice may prescribe or dispense, directly or by a standing order, naloxone hydrochloride or any other opioid antagonist, including any expired opioid antagonist, that is approved by the United States food and drug administration for use according to the protocol specified by the physician, nurse practitioner or other health professional to a person who is at risk of experiencing an opioid-related overdose, to a family member of that person, to a community organization that provides services to persons who are at risk of an opioid-related overdose or to any other person who is in a position to assist a person who is at risk of experiencing an opioid-related overdose.
B. A physician, nurse practitioner or other health professional who prescribes or dispenses naloxone hydrochloride or any other opioid antagonist, including any expired opioid antagonist, pursuant to subsection A of this section shall instruct the individual to whom the opioid antagonist is dispensed to summon emergency services as soon as practicable, either before or after administering the opioid antagonist.
C. Except in cases of gross negligence, wilful misconduct or intentional wrongdoing, a physician, nurse practitioner or other health professional who in good faith prescribes or dispenses an opioid antagonist, including any expired opioid antagonist, pursuant to subsection A of this section is immune from professional liability and criminal prosecution for any decision made, act or omission or injury that results from that act if the physician, nurse practitioner or other health professional acts with reasonable care and in good faith.
D. For the purposes of this section: ,
1. "Expired opioid antagonist" means an opioid antagonist that has an expiration date that is less than five years from the date of use.
2. "Person" includes an employee of a school district or charter school who is acting in the person's official capacity.
Sec. 5. Section 36-2267, Arizona Revised Statutes, is amended to read:
36-2267. Administration of opioid antagonist; exemption from civil liability; definitions
A. A person may administer an opioid antagonist, including any expired opioid antagonist, that is prescribed or dispensed pursuant to section 32-1979 or 36-2266 in accordance with the protocol specified by the physician, nurse practitioner, pharmacist or other health professional or that is received from a county health department pursuant to section 36-192 to a person who is experiencing an opioid-related overdose.
B. A person who in good faith and without compensation administers an opioid antagonist, including any expired opioid antagonist, to a person who is experiencing an opioid-related overdose is not liable for any civil or other damages as the result of any act or omission by the person rendering the care or as the result of any act or failure to act to arrange for further medical treatment or care for the person experiencing the overdose, unless the person while rendering the care acts with gross negligence, wilful misconduct or intentional wrongdoing.
C. For the purposes of this section: ,
1. "Expired opioid antagonist" means an opioid antagonist that has an expiration date that is less than five years from the date of use.
2. "Person" includes an employee of a school district or charter school who is acting in the person's official capacity.