HOUSE BILL 298

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Derrick J. Lente

AN ACT

RELATING TO HEALTH; AMENDING SECTIONS OF THE NMSA 1978 TO REMOVE FUNDING AVAILABILITY CONTINGENCIES FOR REQUIREMENTS TO PROVIDE OPIOID ANTAGONIST EDUCATION AND NALOXONE KITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-23-3 NMSA 1978 (being Laws 2017, Chapter 59, Section 1) is amended to read:

     "24-23-3. OPIOID TREATMENT CENTER--OPIOID OVERDOSE EDUCATION--NALOXONE.--

          A. [As agency funding and agency supplies of naloxone permit] An opioid treatment center agency operating a federally certified program to dispense methadone or other narcotic replacement as part of a detoxification treatment or maintenance treatment shall [provide] facilitate provision for each patient it treats with:

                (1) opioid overdose education that:

                     (a) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education;

                     (b) explains the causes of an opioid overdose;

                     (c) instructs when and how to administer in accordance with medical best practices: 1) life-saving rescue techniques; and 2) an opioid antagonist; and

                     (d) explains how to contact appropriate emergency medical services;

                (2) two doses of naloxone in either a generic form or in a form approved by the federal food and drug administration; and

                (3) a prescription for naloxone.

          B. As used in this section, "naloxone" means naloxone hydrochloride, which is an opioid antagonist for the treatment of opioid overdose."

     SECTION 2. Section 29-7-7.6 NMSA 1978 (being Laws 2017, Chapter 59, Section 2) is amended to read:

     "29-7-7.6. LAW ENFORCEMENT OFFICERS--NALOXONE RESCUE KIT.--

          A. [As agency funding and agency supplies of naloxone rescue kits permit] Each local and state law enforcement agency shall provide naloxone rescue kits to its law enforcement officers and require that officers carry the naloxone rescue kits in accordance with agency procedures so as to optimize the officers' capacity to timely assist in the prevention of opioid overdoses.

          B. Nothing in this section shall be construed to impose civil or criminal liability on a local or state law enforcement agency or law enforcement officer when ordinary care is used in the administration or provision of naloxone in cases where an individual appears to be experiencing an opioid overdose.

          C. As used in this section:

                (1) "naloxone" means naloxone hydrochloride, which is an opioid antagonist for the treatment of opioid overdose; and

                (2) "naloxone rescue kit" means a kit containing:

                     (a) two doses of naloxone in either a generic form or in a form approved by the federal food and drug administration; and

                     (b) overdose education materials that conform to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education that explain the signs and causes of an opioid overdose and instruct when and how to administer in accordance with medical best practices: 1) life-saving rescue techniques; and 2) an opioid antagonist."

     SECTION 3. Section 33-2-51 NMSA 1978 (being Laws 2017, Chapter 59, Section 3) is amended to read:

     "33-2-51. DISCHARGE--OPIOID USE DISORDER--OPIOID OVERDOSE EDUCATION--NALOXONE.-- 

          A. [As corrections department funding and department supplies of naloxone permit] Upon discharge of an inmate who has been diagnosed with an opioid use disorder from a corrections facility, regardless of whether that inmate has received treatment for that disorder, the corrections department shall:

                (1) ensure that the inmate is provided with opioid overdose education that:

                     (a) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education;

                     (b) explains the causes of an opioid overdose;

                     (c) instructs when and how to administer in accordance with medical best practices: 1) life-saving rescue techniques; and 2) an opioid antagonist; and

                     (d) explains how to contact appropriate emergency medical services; and

                (2) provide the inmate, as the inmate leaves the correctional facility, with:

                     (a) two doses of naloxone in either a generic form or in a form approved by the federal food and drug administration; and

                     (b) a prescription for naloxone.

          B. As used in this section:

                (1) "corrections facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult or juvenile persons who are charged with or convicted of a violation of a law or an ordinance; and

                (2) "naloxone" means naloxone hydrochloride, which is an opioid antagonist for the treatment of an opioid overdose."

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