Downey Opioid Antidote Bill Signed Into Law

Legislation sponsored by Assembly Democrats Daniel Benson, Valerie Vainieri Huttle, Vince Mazzeo, Raj Mukherji, Joann Downey and Benjie Wimberly to ensure that opioid antidotes are available to help prevent overdoses was signed into law on Friday.

The new law (S-295/A-2334) will expand public access to opioid antidotes, such as naloxone hydrochloride, in order to allow pharmacists to dispense naloxone to any person, without a prescription, pursuant to a standing order issued by a prescriber or, upon request by the pharmacist, pursuant to a standing order issued by the Commissioner of Health or the Deputy Commissioner for Public Health Services.

"Given the fact that some pharmacies are already able to obtain a standing order to dispense naloxone to great effect, it makes sense to enable all pharmacies to do the same," said Downey (D-Monmouth). "Accessibility and timeliness can make all the difference when it comes to these types of life-threatening scenarios."

A number of large chain pharmacies, including Walgreens and CVS, recently announced that they are making naloxone available to anyone without a prescription through what appears to be a standing order issued by a doctor, which is currently authorized under the "Overdose Prevention Act" (OPA).

Any pharmacist who acts in good faith, and in accordance with the law's requirements, in supplying an opioid antidote to a patient without a prescription, will be immune under the OPA from any civil or criminal liability or any professional disciplinary action stemming from such act.