Updated Infographic: Overdose Prevention, State by State
This August, we released an infographic showing states (and the District of Columbia) with laws allowing for the prescribing and administration of naloxone and/or criminal protections for bystanders who seek emergency assistance. Since then, even more states have enacted such laws, and we have updated the infographic to reflect current state laws as of December 2014. Please download and share:
Download the PDF. An explanation of the graphic is below.
UPDATE (As of November 2014):
Twenty-three states (CA, CO, CT, GA, IL, ME, MD, MA, MI, MN, NJ, NY, NC, OH, OK, OR, PA, TN, UT, VT, VA, WA, WI) have statutes which allow for “third-party” prescriptions of naloxone i.e. the prescription can be written to friend, relative or person in a position to assist a person at risk of experiencing an opioid overdose. Virginia only allows third-party prescriptions through a provisional pilot program. Three additional states (IN, LA, MO) allow prescriptions of naloxone to qualified first responders (e.g. law enforcement, EMT, firefighter). One additional state (DE) allows prescriptions of naloxone to peace officers who have received training.
Fifteen states (CA, CO, CT, GA, MI, MN, NJ, NM, NC, OH, PA, TN, UT, VT, WI) have statutes which protect prescribers from civil liability actions.
Eighteen states (CA, CO, CT, GA, IN, MA, MI, MN, NJ, NM, NY, NC, OH, PA, TN, UT, VT, WI) have statutes which protect prescribers from criminal liability actions.
Twenty states (CA, CO, CT, GA, KY, MI, MN, NJ, NM, NY, NC, OK, OR, PA, RI, TN, UT, VT, VA, WI) and the District of Columbia have statutes which protect lay persons from civil liability for administering naloxone to someone believed to be experiencing an opioid induced overdose. In Virginia, this protection only applies to persons that are participating in the provisional pilot program. Two additional states (IN, LA) provide civil liability protections to first responders. One additional state (DE) provides civil liability protections to peace officers who have received training.
Twenty-four states (CA, CO, CT, GA, IL, KY, ME, MD, MA, MI, MN, NJ, NM, NY, NC, OH, PA, RI, TN, UT, VT, VA, WA, WI) and the District of Columbia have statutes which protect lay persons from criminal liability for administering naloxone to someone believed to be experiencing an opioid induced overdose. In Virginia, this protection applies to persons that are participating in the provisional pilot program. Three additional states (IN, LA, MO) provide criminal liability protections to first responders. One additional state (DE) provides criminal liability protections to peace officers who have received training.
Twenty-one states (AK, CA, CO, CT, DE, FL, GA, IL, LA, MD, MA, MN, NJ, NM, NY, NC, PA, RI, VT, WA, WI) and the District of Columbia have statutes which prevent charge or prosecution for possession of a controlled substance and/or paraphernalia for persons who seek medical/emergency assistance for someone that is experiencing an opioid induced overdose. Additionally, in UT and IN, evidence of providing assistance to someone experiencing an opioid overdose can be presented as a mitigating factor at sentencing to a conviction for possession of a controlled substance and/or paraphernalia. UT allows evidence of providing assistance to someone experiencing an overdose to be used as an affirmative defense to an allegation of possession of a controlled substance and/or paraphernalia.
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