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WEST VIRGINIA CODE

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CHAPTER 16. PUBLIC HEALTH.

ARTICLE 46. ACCESS TO OPIOID ANTAGONISTS ACT.

§16-46-4. Possession and administration of an opioid antagonist by initial responders; limited liability.

(a) Local and state governmental agencies that employ initial responders must provide opioid antagonist rescue kits to their initial responders, require initial responders to successfully complete the training required by §16-46-6(b) of this code, and require the initial responders to carry the opioid antagonist rescue kits in accordance with agency procedures so as to optimize the initial responders’ capacity to timely assist in the prevention of opioid overdoses: Provided, That a local or state governmental agency has designated sufficient funding or supplies of opioid antagonist rescue kits.

(b) In the absence of gross negligence or willful misconduct, nothing in this section shall be construed to impose civil or criminal liability on a local or state governmental agency or an initial responder acting in good faith in the administration or provision of an opioid antagonist in cases where an individual appears to be experiencing an opioid overdose.

(c) As used in this section, an “opioid antagonist rescue kit” means a kit containing:

(1) Two doses of an opioid antagonist in either a generic form or in a form approved by the United States Federal Food and Drug Administration; and

(2) Overdose education materials that conform to Office of Emergency Medical Services 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:

(A) Life-saving rescue techniques; and

(B) An opioid antagonist.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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