HB2395: Relating to substance use; and declaring an emergency.

Legislative Summary

Allows specified persons to distribute and administer short-acting opioid antagonist and distribute kits. Allows specified persons to distribute and administer short-acting opioid antagonist and distribute kits. Defines "kit" and "short-acting opioid antagonist." Allows pharmacist to prescribe kit. Allows Public Health Officer or physician employed by Oregon Health Authority to issue standing order to prescribe kit to specified persons, and allows person that obtained kit to possess, store, deliver or distribute kit and administer short-acting opioid antagonist. Provides that person is immune from criminal and civil liability when acting in good faith. Allows owner of building or facility to which public has legal access to store kits for use by member of public. Provides that building or facility owner and staff are immune from criminal and civil liability related to use of kit stored in building or facility. Directs State Board of Education to adopt rules for administration of short-acting opioid antagonist to any individual on school premises. Directs school district board to provide to parents or legal guardians of minor students specified information about short-acting opioid antagonists. Requires school district board to ensure parent or legal guardian of minor student is immediately notified when short-acting opioid antagonist is administered to student. Allows school administrator, teacher or other school employee to administer, without written permission and instruction from parent or guardian, short-acting opioid antagonist to student who experienced or is experiencing opioid overdose. Provides criminal and civil immunity for school administrator, teacher, other school employee, school district and members of school district board for actions related to administration of short-acting opioid antagonist.] Prohibits person from maintaining action for injury, death or loss against school administrator, teacher, other school employee, school district or member of school district board resulting from certain administration of short-acting opioid antagonist except if person administering short-acting opioid antagonist was grossly negligent. Removes protection for school administrator, school nurse, teacher, other school employee, school district and members of school district board from criminal or civil liability for administration of short-acting opioid antagonist. Allows minor to obtain outpatient diagnosis or treatment of substance use disorder by mental health care provider without parental knowledge or consent. Provides that mental health care provider is immune from civil liability for diagnosis or treatment.] Prohibits providing single-use drug test strips or drug testing tools to minor under 15 years of age unless strips or tools are part of minor's substance use disorder treatment and provided by mental health care provider. Exempts from definition of "drug paraphernalia" certain items designed to prevent or reduce potential harm associated with use of controlled substances. Prohibits selling or giving pipe to minor unless minor demonstrates lawful need for pipe and obtains parental consent to possess pipe. Defines "pipe." Allows administrator of Oregon Prescription Drug Program to undertake bulk purchases of short-acting opioid antagonists.] Requires Oregon Health Authority to provide guidance for communication among local mental health authorities related to certain deaths. Directs district medical examiner or medical-legal death investigator to notify local mental health authority if death of individual is suspected to be result of opioid or other overdose. Declares emergency, effective on passage.