Delaware Laws

Naloxone Overdose Prevention Laws

Question:

Do dispensers have immunity from criminal prosecution for prescribing, dispensing or distributing naloxone to a layperson?

Answer:
Yes
This answer is derived from 1 section of law
Citation:
  • citation 1: see full citation
    (e) DHSS shall create written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of naloxone by public safety personnel and participants in the Community-Based Naloxone Access Program. The treatment protocol for naloxone administration under this Chapter must be approved and signed by the State EMS Medical Director, or the Medical Director or the Director of the Division of Public Health, Department of Health and Social Services. A doctor prescribing naloxone who, acting in good faith, directly or by standing order, prescribes or dispenses the drug naloxone to a person who completes an approved-training program who, in the judgment of the health-care provider, is capable of administering the drug for an emergency opioid overdose, shall not be subject to disciplinary or other adverse action under any professional licensing statute, criminal liability, or liable for damages for injuries or death sustained to the individual in connection with administering the drug, unless it is established that such injuries or death were caused willfully, wantonly, or by gross negligence on the part of the doctor who signed the standing order and protocol. see full law