WVC 16 - 46 - 4
§16-46-4. Possession and administration of an opioid antagonist by
an initial responder; limited liability.
(a) An initial responder who is not otherwise authorized to
administer opioid antagonists may possess opioid antagonists in the
course of his or her professional duties as an initial responder
and administer an opioid antagonist in an emergency situation if:
(1) The initial responder has successfully completed the
training required by subsection (b), section six of this article;
(2) The administration thereof is done after consultation with
medical command, as defined in subdivision (k), section three,
article four-c of this chapter: Provided,
That an initial responder
may administer an opioid antagonist without consulting medical
command if he or she is unable to so consult due to an inability to
contact medical command because of circumstances outside the
control of the initial responder or if there is insufficient time
for the consultation based upon the emergency conditions presented.
(b) An initial responder who meets the requirements of
subsection (a) of this section, acting in good faith, is not, as a
result of his or her actions or omissions, subject to civil
liability or criminal prosecution arising from or relating to the
administration of the opioid antagonist unless the actions or
omissions were the result of the initial responder's gross
negligence or willful misconduct.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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