House Bill H0108

2015 Freedom Index Score: (+1)

Analyst: Parrish Miller
Date of analysis: February 19, 2015

ANALYST'S NOTE: House Bill 108 amends and adds to Idaho code to make "opioid antagonists" legal for
individuals to possess and for doctors and pharmacists to prescribeboth to those who need them for
their own use and for those who may need to assist others. The bill defines "opioid antagonist" as
"naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal
food and drug administration for the treatment of drug overdose."

Point No. 10 Does it directly or indirectly create or increase penalties for victimless crimes or nonrestorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for
victimless crimes or non-restorative penalties for non-violent crimes?
ANALYSIS: House Bill 108 modifies several sections of Idaho code to create exceptions from
drug and prescription regulations for "opioid antagonists." The bill also creates Section 541733B, Idaho Code, which declares the following:
(1) Notwithstanding any other provision of law, any prescriber or pharmacist acting in good
faith and exercising reasonable care may prescribe an opioid antagonist to:
(a) A person at risk of experiencing an opiate-related overdose;
(b) A person in a position to assist a person at risk of experiencing an opiate-related
overdose;
(c) A person who, in the course of his official duties or business, may encounter a
person experiencing an opiate-related overdose; or
(d) A person who in the opinion of the prescriber or pharmacist has valid reason to be
in the possession of an opioid antagonist.
(2) Notwithstanding any other provision of law, any person acting in good faith and
exercising reasonable care may administer an opioid antagonist to another person who
appears to be experiencing an opiate-related overdose. As soon as possible, the
administering person shall contact emergency medical services.

(3) Any person who prescribes or administers an opioid antagonist pursuant to subsection
(1) or (2) of this section shall not be liable in a civil or administrative action or subject to
criminal prosecution for such acts.
While the bill could do moresuch as making opioid antagonists an over-the-counter
medication rather than requiring a prescriber or pharmacist to prescribe themthe bill does
remove some existing restrictions to accessing this life-saving medication. (+1)