The Opioid Antagonists Act Based on a Practitioner's Prescription3/8/2018
The Opioid Antagonists Act Based on a Practitioner's Prescription
1. Q. Can I dispense Naloxone or other opioid antagonists to an addict pursuant to a prescription?
A. Yes. So long as you have a valid, lawful prescription for it. WEST VIRGINIA CODE Chapter 16, Article 46 is the "ACCESS TO OPIOID ANTAGONISTS ACT." The purpose of the Act is to prevent opioid-related overdose deaths. In §16-46-3(b), the Act provides:
All licensed health care providers in the course of their professional practice may offer to a person considered by the licensed health care provider to be at risk of experiencing an opiate-related overdose, or to a relative, friend, caregiver or person in a position to assist a person at risk of experiencing an opiate-related overdose, a prescription for an opioid antagonist.
2. Q. Q. Can I dispense Naloxone or other opioid antagonists on a prescription to a relative, friend, caregiver or person in a position to assist a person at risk of experiencing an opiate-related overdose?
A. Yes, even though there is no traditional prescriber-patient relationship, §16-46-3(b) permits a practitioner to issue a prescription to these people to help prevent fatalities from opioid-related overdoses.
3. Q. Can I dispense Naloxone or other opioid antagonists to initial (first) responders?
A. Yes, you can do this based on a prescription or the a standing order to do so, or you can do it under the pharmacist's protocol. The Act defines an initial responder as follows:
"Initial responder" means emergency medical service personnel, as defined in subdivision (g), section three, article four-c of this chapter, including, but not limited to, a member of the West Virginia State Police, a sheriff, a deputy sheriff, a municipal police officer, a volunteer or paid firefighter and any other person acting under color of law who responds to emergencies.
In §16-46-3(a), the Act states: "All licensed health care providers in the course of their professional practice may offer to initial responders a prescription for opioid antagonists, including a standing order, to be used during the course of their professional duties as initial responders."
While this would normally be seen as a "for stock" transaction, this statute permits a pharmacy to make this sale based on the prescription or standing order, or the pharmacist's protocol.