10 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 1 CHAPTER 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 SOURCE : Entire chapter a dded by P.L. 37 -002:1 (Mar. 20, 2023). § 16101. Title. § 16102. Legislative Findings and Intent. § 16103. Definitions. § 16104. Health Care Professional Prescriptive Authority. § 16105. Dispensing and Distribution of Opioid Antagonist by Community -Based Organization Employee, or Volunteer. § 16106. General Dispensing and Distribution of Opioid Antagonist. § 16107. Administering of Opioid Antagonist by Health Care Practitioner and Emergency Medical Technician (EMT). §16108. Training Required for Dispensation or Distribution of Opioid Antagonist. § 16109. Immunity from Civil or Criminal Liability. §16110. Arrest and Prosecution When Experiencing or Reporting Overdoses. §16111. Correctional Settings. §16112. Public Educational Institutions and Universities. §16113. Education and Promotion of Information. §16114 Furnishing Naloxone Hydrochloride or Other Opioid Antagonist to Law Enforc ement Agency, Conditions, Records. § 16115. Co-Prescribing May Be Required . § 1611 6. and Promotion of Information. §16114 Furnishing Naloxone Hydrochloride or Other Opioid Antagonist to Law Enforc ement Agency, Conditions, Records. § 16115. Co-Prescribing May Be Required . § 1611 6. Prohibition of Discrimination By Life Insurance Companies. § 1611 7. Emergency Opioid Antagonist Access Bystander Program . § 1611 8. Opioid Recovery Advisory Council Distrib ution of Opioid Antagonists . § 1611 9. Fentanyl Testing Strips . § 161 20. Severability. § 161101. Title. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 2 This Chapter may be cited as the Guam Opioid Overdose Prevention Act of 2023 . SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). § 16102. Legislative Findings and Intent. I Liheslaturan Guåhan finds that the United States is in the midst of the worst opioid epidemic in history. According to the United States Centers for Disease Control, the number of Opioid drug overdose deaths increased by nearly thirty percent (30%) from 2019 to 2020 and has quintupled since 1999. Nearly seventy - five percent (75%) of the 91,799 drug overdose deaths in 2020 involved an opioid. ose deaths increased by nearly thirty percent (30%) from 2019 to 2020 and has quintupled since 1999. Nearly seventy - five percent (75%) of the 91,799 drug overdose deaths in 2020 involved an opioid. Experts believe that this staggering number of overdose deaths is based on severa l factors, including an increase in illicitly manufactured fentanyl and other synthetic opioids. Opioid antagonists, such as naloxone, can be used during emergencies to reverse opioid overdoses and are effective at preventing fatal drug overdoses. I Liheslatura Guåhan further finds that the United States Centers for Disease Control and Prevention reported that despite an increase in prescriptions for emergency opioid antagonists, not enough of the medication is getting into the hands of those who need it most while expanding access to emergency opioid antagonists and encouraging citizens of Guam to obtain emergency opioid antagonists are in Guam's best interests. I Liheslaturan Guåhan intends to potentially save the lives of individuals who experience an opioid overdose by expanding access to, and availability of, emergency opioid antagonists within the state, address the critical need to provide tially save the lives of individuals who experience an opioid overdose by expanding access to, and availability of, emergency opioid antagonists within the state, address the critical need to provide uniformity in the ability of citizens of Guam to access emergency opioid antagonists, encourage citizens to obtain emergency opioid antagonists, grant immunity to individuals administering opioid antagonists, establish a pilot program for bystander access, and promote initiatives that educate citizens on the life -saving potential of emergency opioid antagonists by enacting the Guam Opioid Overdose Prevention Act of 2023 . SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). § 16103. Definitions. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 3 (a) For the purposes of this section, the term: (1) Administer means the direct application of an emergency opioid antagonist by a person authorized pursuant to this Article to the body of an individual suffering, or believed to be suffering, an opioid overdose, whether by injection, inhalation, ingestion, or any oth er means. a person authorized pursuant to this Article to the body of an individual suffering, or believed to be suffering, an opioid overdose, whether by injection, inhalation, ingestion, or any oth er means. (2) Community -Based Organization means a public or private organization that is representative of a community or significant segments of a community that provides educational, health, or social services to individuals in the community. This defin ition also includes local health departments. (3) Co-Prescribe means the practice of prescribing or dispensing an emergency opioid antagonist in conjunction with an opioid prescription. (4) Correctional Setting means a jail, prison, adult or juvenile deten tion center, or other incarceration facility in which a territorial or federal entity confines a person. (5) Dispenser means any individual or entity that is licensed, registered, certified, or otherwise authorized by Guam to dispense prescription drugs, including emergency opioid antagonists. Dispensers includes pharmacists and any entity that has access to emergency opioid antagonists. (6) First Responder means a law enforcement officer, firefighter, emergency medical services provider, Dispensers includes pharmacists and any entity that has access to emergency opioid antagonists. (6) First Responder means a law enforcement officer, firefighter, emergency medical services provider, or other indivi dual who, in an official capacity, responds to an emergency or critical incident. This includes individuals working in an official or volunteer capacity. (7) Health Care Professional or Practitioner means a physician, pharmacist, advanced practice registe red nurse or physician assistant licensed under Chapter 12 of Title 10 Guam Code Annotated practicing within the scope of practice for his or her profession. (8) Law Enforcement means law enforcement personnel as described by 10 GCA §75100. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 4 (9) Opioid means natural, synthetic, or semi -synthetic chemicals that interact with opioid receptors on nerve cells in the body and brain and reduce the intensity of pain signals and feelings of pain. This class of drugs include heroin, synthetic opioids such as fentany l, and opioid analgesics, such as oxycodone, hydrocodone, codeine, and morphine. intensity of pain signals and feelings of pain. This class of drugs include heroin, synthetic opioids such as fentany l, and opioid analgesics, such as oxycodone, hydrocodone, codeine, and morphine. (10) Opioid Analgesics commonly referred to as prescription opioids, mean natural, semi -synthetic medications used pursuant to a prescription to treat moderate to severe pain. (11) Opioid Antagonist means a drug, including but not limited to naloxone, approved by the United States Food and Drug Administration for the complete or partial reversal of an opioid overdose. (12) Opioid Overdose means an acute condition evidenced by symptoms including, but not limited to, physical illness, coma, decreased level of consciousness, or respiratory depression, resulting from the consumption or use of an opioid or another substance with which an opioid is combined. (13) Peace Officer means a peace officer as described by 17 GCA §51101. (14) Prescriber means an individual licensed, registered, or otherwise authorized to prescribe prescription drugs, including emergency opioid antagonists in Guam. (15) Risk Management Officer means a person who facilitates, manages, and coordinates access to r otherwise authorized to prescribe prescription drugs, including emergency opioid antagonists in Guam. (15) Risk Management Officer means a person who facilitates, manages, and coordinates access to emergency opioid antagonists and oversees the possession, stocking, or administration of emergency opioid antagonists on the premises of a Guam educational institution or Guam correctional setting. (16) Standing Order means a prewritten, non -individual specific order issued by a prescriber that authorizes the dispensing of a drug to, or administration of the drug by any individual. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 5 § 16104. Health Care Professional Prescriptive Authority. Except as provided in Subsection 16108 of this Act, a health care professional acting in good faith may directly or by standing order prescribe, dispense, and distribute an opioid antagonist to the following persons: (a) A person at risk of experiencing an opioid -related overdose; (b) A family member, friend, or other person in a position to assist a person at risk of experiencing an opioid - related ng persons: (a) A person at risk of experiencing an opioid -related overdose; (b) A family member, friend, or other person in a position to assist a person at risk of experiencing an opioid - related overdose; (c) A first responder; (d) A trained employee or volunteer of a community - based organization; (e) Trained school personnel; (f) A patient receiving prescription for an opioid analgesic; or (g) Any individual upon request. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). § 16105. Dispensing and Distribution of Opioid Antagonist by Community -Based Organization Employee, or Volunteer. Except as provided in Subsection 16108 of this Act, an employee or volunteer of a community -based organization acting in good faith and in accordance with a standing order or under a healt h care professional’s prescriptive authority may dispense, distribute, and administer an opioid antagonist intranasally to the following persons: (a) A person at risk of experiencing an opioid -related overdose; or (b) A family member, friend, or other per son in a position to assist a person at risk of experiencing an opioid - related overdose. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). ted overdose; or (b) A family member, friend, or other per son in a position to assist a person at risk of experiencing an opioid - related overdose. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 6 § 16106. General Dispensing and Distribution of Opioid Antagonist. (a) Pharmacists. A pharmacist may dispense or dist ribute, but not prescribe, an opioid antagonist pursuant to a written protocol upon request. (b) Dispensers. Authorized dispensers in Guam may dispense emergency opioid antagonists directly to any individual, first responders, peace officers, trained scho ol personnel, or community -based organization upon request. (c) Distribute. Upon request, first responders, peace officers, trained school personnel, and trained community -based organizations may distribute an emergency opioid antagonist to any person with in Guam. (d) Duty to inform. Any prescriber, dispenser, first responder, peace officer, trained school personnel, or trained community -based organization who prescribes, dispenses, or distributes an emergency opioid antagonist pursuant to this Act shall provide the nder, peace officer, trained school personnel, or trained community -based organization who prescribes, dispenses, or distributes an emergency opioid antagonist pursuant to this Act shall provide the recipient with information, either in writing or orally, or other accessible instructional materials for an individual with disability, regarding: (1) The importance of emergency opioid antagonists in preventing deaths from opioid overdos es; (2) How to recognize the signs and symptoms of a drug overdose; (3) The essential steps in responding to a drug overdose, including: (A) Evaluate for signs of an opioid overdose; (B) Call 911 for help; (C) Administer an emergency opioid antagonist; (D) Support the person’s breathing; and (E) Monitor the person’s response. (4) Where to obtain emergency opioid antagonists throughout Guam; COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 7 (5) De-stigmatizing the possession of an emergency opioid antagonist; and (6) Guam laws limiting a per son’s civil and criminal liability for prescribing, dispensing, distributing, or administering emergency opioid antagonists. (e) Possession. rgency opioid antagonist; and (6) Guam laws limiting a per son’s civil and criminal liability for prescribing, dispensing, distributing, or administering emergency opioid antagonists. (e) Possession. Notwithstanding any other law or regulation to the contrary, any individual, community -based organization, entity, first responder, peace officer, or trained school personnel authorized to dispense, distribute or administer within Guam may possess or store an emergency opioid antagonist. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). § 16107. Administering of Opioid Antagonist by Health Care Practitioner and Emergency Medical Technician( EMT). (a) Health care practitioners and Emergency Medical Technicians (EMTs) may administer opioid antagonist intravenously, intraosseous, intranasally, intramuscularly, or down the endotracheal tube. (b) Administer. Any person may administer an emergency opioid antagonist to a recipient located in Guam if the person believes, in good faith, that the recipient is experiencing an opioid overdose. (c) Absent healthcare or EMT training , all others administering under this Act shall administer opioid antagonist intranasally by way of nasal spray. he recipient is experiencing an opioid overdose. (c) Absent healthcare or EMT training , all others administering under this Act shall administer opioid antagonist intranasally by way of nasal spray. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). § 16108. Training Required for Dispensing or Distribution of Opioid Antagonist. (a) An employe e or volunteer of a community -based organization shall not dispense or distribute an opioid antagonist under this section unless he or she completes training conducted by the Department of Public Health and Social Services or Guam Behavioral Health and Wel lness Center or its designee. (b) The training required by this subsection shall include: COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 8 (1) How to screen a patient for being at risk of an opioid -related overdose; (2) How opioid antagonists operate to stop an opioid - related overdose; (3) When the administration of an opioid antagonist is medically indicated; (4) How to properly administer an opioid antagonists and circumstances under which administration of an opioid antagonists is contraindicated; and (5) Precautions, warnings, and medically indicated; (4) How to properly administer an opioid antagonists and circumstances under which administration of an opioid antagonists is contraindicated; and (5) Precautions, warnings, and potential adve rse reactions related to the administration of an opioid antagonist. (c) Upon prescribing, administering, dispensing, or distributing an opioid antagonist, the health care professional or employee or volunteer of a community -based organization shall provi de education and training to the recipient of an opioid antagonist. The education and training shall include: (1) how to identify an opioid -related overdose; (2) how to properly administer the prescribed opioid antagonist and circumstances under which admi nistration is contraindicated; (3) precautions, warnings, and potential adverse reactions related to administration of the prescribed opioid antagonist; (4) how opioid antagonists operate to stop an opioid - related overdose; (5) the importance of seeking me dical care for the person experiencing the opioid -related overdose immediately after the opioid antagonists is administered; and (6) information on how to access substance abuse treatment services. dical care for the person experiencing the opioid -related overdose immediately after the opioid antagonists is administered; and (6) information on how to access substance abuse treatment services. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). § 16109. Immunity from Civil or Criminal Liability. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 9 (a) Prescribers. Any prescriber, who, in good faith and in the absence of gross negligence, malice, or criminal intent, issues a prescription for an emergency opioid antagonist shall be immune from civil or crimina l liability and shall not be subject to administrative action for the issuance of such prescription or the ultimate outcome of such prescription. (b) Dispensers. Any dispenser, who, in good faith and in the absence of gross negligence, malice, or criminal intent, issues a prescription for an emergency opioid antagonist shall be immune from civil or criminal liability and shall not be subject to administrative action for the dispensing of such prescription or the ultimate outcome from the dispensing of such prescription. (c) Distributor. ivil or criminal liability and shall not be subject to administrative action for the dispensing of such prescription or the ultimate outcome from the dispensing of such prescription. (c) Distributor. Any individual, trained community -based organization, entity, first responder, peace officer, or trained school personnel, who, in good faith and in the absence of gross negligence, malice, or criminal intent, distributes an emergency opioid antagonist shall be immune from civil or criminal liability and shall not be subject to administrative action for distributing an emergency opioid antagonist or the ultimate outcome of such distribution. (d) Administrator. Any person who, in good faith, and in the absence of gross negligence, malice, or criminal intent, administers an emergency opioid antagonist to a person suffering, or believed to be suffering, an opioid overdose, shall be immune from civil or criminal liability and shall not be subject to administrative action for administering an emergency opioid antagonist or the ultimate outcome of such administration. (e) Good Samaritan Protections. r criminal liability and shall not be subject to administrative action for administering an emergency opioid antagonist or the ultimate outcome of such administration. (e) Good Samaritan Protections. Individuals who summon emergency medical assistance contemporaneously with administer ing an emergency opioid antagonist shall, in addition to the protections afforded under subsection (d) receive the protections afforded by 20 GCA §2104. (f) A health care practitioner or an employee or a volunteer of a community -based organization who pre scribes, dispenses, or distributes an opioid antagonist in accordance with this section shall be immune from civil or criminal liability for the subsequent use or administration of the opioid antagonist, unless the health COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 10 care practitioner’s actions with r egard to the prescribing, dispensing, or distributing the opioid antagonist constitute recklessness, gross negligence, or intentional misconduct. (g) An employee or volunteer of a community -based organization who dispenses or distributes an opioid antagon ist in accordance with this section shall be ross negligence, or intentional misconduct. (g) An employee or volunteer of a community -based organization who dispenses or distributes an opioid antagon ist in accordance with this section shall be immune from civil or criminal liability for the subsequent use or administration of the opioid antagonist, unless the employee or volunteer’s actions regarding the dispensing or distributing of the opioid antago nist constitute recklessness, gross negligence, or intentional misconduct. (h) First responders, peace officers, and trained school personnel who dispenses or distributes an opioid antagonist in accordance with this section shall be immune from civil or criminal liability for the subsequent use or administration of the opioid antagonist, unless the first responders’, peace officers’, and trained school personnel’s actions regarding the dispensing or distributing of the opioid antagonist constitute reckless ness, gross negligence, or intentional misconduct. (i) The immunity granted pursuant to paragraph (1) of this subsection shall apply whether or not the opioid antagonist is administered by or to the person for whom it was prescribed, dispensed, or distributed. munity granted pursuant to paragraph (1) of this subsection shall apply whether or not the opioid antagonist is administered by or to the person for whom it was prescribed, dispensed, or distributed. (j) Nothing in this section shall be construed to require a health care professional to prescribe, dispense, or distribute an opioid antagonist to a person at risk of experiencing an opioid related overdose or a family member, or friend, or other person in a position to assist a person at risk of experie ncing an opioid related overdose, or an employee or volunteer of a community - based organization. (k) A health care professional that does not prescribe, dispense, or distribute an opioid antagonist based upon his or her professional judgement shall be immu ne from civil or criminal liability, unless the health care professional’s decision not to prescribe, dispense, or distribute an opioid antagonist constitutes recklessness, gross negligence, or intentional misconduct. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 11 (l) Nothing in this section shall be c onstrued to expand the scope of practice of a health care professional SOURCE : GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 11 (l) Nothing in this section shall be c onstrued to expand the scope of practice of a health care professional SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16110. Arrest and Prosecution When Experiencing or Reporting Opioid Overdoses. (a) No individual shall be subject to arrest or prosecution for the possession of opioid if: (1) Such individual in good faith, seeks or obtains emergency medical attention for himself if he is e xperiencing overdose or for another individual if such other individual is experiencing an overdose and another individual in good faith seeks or obtains emergency medical attention for such individual, by contemporaneously reporting such overdose; (2) such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law -enforcement officer responds to the report of an overdose. If no law -enforceme nt officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth f an overdose. If no law -enforceme nt officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein; (3) such individual identifies himself to the law - enforcement officer who responds t o the report of the overdose; and (4) The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention or rendering emergency care or assistance. SOURC E: Added by P.L. 37 -002:1 (Mar. 20, 2023). §16111. Correctional Settings. (a) In general. All correctional and detention settings shall make the following information available to both correctional staff and incarcerated individuals: (1) The importance of emergency opioid antagonists in preventing deaths from opioid overdoses; COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 12 (2) How to recognize the signs and symptoms of a drug overdose; (3) The essential steps in responding to a drug overdose, including: (A) Evaluate for signs of an opioid overdose; (B) Call 911 for help; (C) Administer an the signs and symptoms of a drug overdose; (3) The essential steps in responding to a drug overdose, including: (A) Evaluate for signs of an opioid overdose; (B) Call 911 for help; (C) Administer an emergency opioid antagonist; (D) Support the person’s breathing; and (E) Monitor the person’s response. (4) Where to obtain emergency opioid antagonists throughout Guam; (5) De-stigmatizing the possession of an emergency opioid antagonist; and (6) Guam laws limiting a person’s civil and criminal liability for prescribing, distributing, or administering emergency opioid antagonists. (b) Training. Staff members, employees, an d volunteers of Guam correctional settings may take part in training offered pursuant to §16108 of this Act. (c) Storage. All correctional and detention settings are hereby authorized to possess, stock, dispense, and administer emergency opioid antagonists on their premises and shall keep emergency opioid antagonists in stock pursuant to the prisoner release program established in subsection (d) of this section. (d) Risk management officer. All correctional and detention settings shall designate a risk management officer to oversee the possession, stocking, or m established in subsection (d) of this section. (d) Risk management officer. All correctional and detention settings shall designate a risk management officer to oversee the possession, stocking, or administration of emergency opioid antagonists on its premises. (e) Prisoner release. At all correctional and detention settings, on the day of an individual’s release from the correctiona l or detention setting, correctional and detention staff are required to: (1) Offer an emergency opioid antagonist; COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 13 (2) Provide the individual with instructions on the use of emergency opioid antagonists in the form of a written pamphlet or other accessibl e instructional materials for an individual with a disability; (3) Require the individual to sign a written form indicating that they have been give [n] the opportunity to receive an emergency opioid antagonist; and (4) Provide the individual with informat ion regarding where and how to obtain additional emergency opioid antagonist doses locally. (f) Amount. rtunity to receive an emergency opioid antagonist; and (4) Provide the individual with informat ion regarding where and how to obtain additional emergency opioid antagonist doses locally. (f) Amount. When offering an emergency opioid antagonist to a soon -to-be-released incarcerated individual, the individual shall be given as much of the emergency o pioid antagonist as they request and is available at the correctional setting. (g) Purchase agreement. A correctional or detention setting may enter into a purchase agreement with a private entity or organization to purchase a supply of emergency opioid a ntagonists for use pursuant to this section. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16112. Public Educational Institutions and Universities. (a) In general. All public educational institutions or universities within Guam shall make the followin g information available to both public educational institutions and universities: (1) The importance of emergency opioid antagonists in preventing deaths from opioid overdose; (2) How to recognize the signs and symptoms of a drug overdose; (3) The essential steps in responding to a drug overdose, including: (A) Evaluate for signs in preventing deaths from opioid overdose; (2) How to recognize the signs and symptoms of a drug overdose; (3) The essential steps in responding to a drug overdose, including: (A) Evaluate for signs of an opioid overdose; (B) Call 911 for help; (C) Administer an emergency opioid antagonist; (D) Support the person’s breathing; and COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 14 (E) Monitor the person’s response. (4) Where to obtain emergency opioid antagonists throughout Guam; (5) De-stigmatizing the possession of an emergency opioid antagonist; and (6) Guam laws limiting a person’s civil and criminal liability for prescribing; dispensing, distributing, or administering emergency opioid antagonists; and (7) Any applicable educational institution policies and guidelines regarding medical amnesty for students who administer an emergency opioid antagonist or contact law enforcement for persons experiencing a suspected overdose. (b) Training. All staff, employees, and volunteers at public educational institutions or universities that possess or stock emergency opioid antagonists on the premises may take part in training offered through g. All staff, employees, and volunteers at public educational institutions or universities that possess or stock emergency opioid antagonists on the premises may take part in training offered through the Guam Behavioral Health and Wellness Center or its designee or through recognized online training course on the use and administration of emergency opioid antagonists. (c) Private schools and universities. Any private school or university within Guam may: (1) Possess or stock emergency opioid antagonist subject to the exact requirements provided in this section for public educational institutions; and (2) Take part in training offered through the Guam Behavioral Health and Wellness Center or its designee or a recognized online training course as referenced in subsection (d) of this section. (d) Guidelines. Within six (6) months of the effective date of this Act, the Guam Behavioral Health and Wellness Center or its designee shall develop and make available to b oth public and private educational institutions and universities guidelines for the training referenced in this section. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16113. Education and Promotion of Information. ate educational institutions and universities guidelines for the training referenced in this section. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16113. Education and Promotion of Information. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 15 (a) Publicly available information. Wi thin six (6) months of the effective date of this Act, the Guam Behavioral Health and Wellness Center shall publish on its website, the following information at or below a sixth (6th) grade reading level: (1) The importance of emergency opioid antagonists in preventing deaths from opioid overdose; (2) How to recognize the signs and symptoms of a drug overdose; (3) The essential steps in responding to a drug overdose, including: (A) Evaluate for signs of an opioid overdose; (B) Call 911 for help; (C) Administer an emergency opioid antagonist; (D) Support the person’s breathing; and (E) Monitor the person’s response. (4) Where to obtain emergency opioid antagonists throughout Guam; (5) De-stigmatizing the possession of an emergen cy opioid antagonist; and (6) Guam laws limiting a person’s civil and criminal liability for prescribing; dispensing, oid antagonists throughout Guam; (5) De-stigmatizing the possession of an emergen cy opioid antagonist; and (6) Guam laws limiting a person’s civil and criminal liability for prescribing; dispensing, distributing, or administering emergency opioid antagonists. (b) Education programs. The Guam Behavioral Health and Wellness Center or it s designee shall establish an island -wide educational initiative in conjunction with community -based organizations that promote: (1) The importance of emergency opioid antagonists in preventing deaths from opioid overdose; (2) How to recognize the signs an d symptoms of a drug overdose; (3) The essential steps in responding to a drug overdose, including: COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 16 (A) Evaluate for signs of an opioid overdose; (B) Call 911 for help; (C) Administer an emergency opioid antagonist; (D) Support the person’s breathing; and (E) Monitor the person’s response. (4) Where to obtain emergency opioid antagonists throughout Guam; (5) De-stigmatizing the possession of an emergency opioid antagonist; and (6) Guam laws limiting a person’s civil and criminal liability fo r e to obtain emergency opioid antagonists throughout Guam; (5) De-stigmatizing the possession of an emergency opioid antagonist; and (6) Guam laws limiting a person’s civil and criminal liability fo r prescribing, dispensing, distributing, or administering emergency opioid antagonists. (7) Any additional measures that promote the safe distribution, use, and administration of emergency opioid antagonists by persons within Guam. (c) Training. The Guam B ehavioral Health and Wellness Center or its designee shall establish training programs that are tailored to the unique needs of each of the following groups: (1) Any person who may potentially administer an emergency opioid antagonist to a person exhibiting the signs of an overdose; (2) Prescribers; (3) Dispensers, including pharmacists; (4) Laypeople and bystanders; (5) Educational institutions and universities; (6) First responders, peace officers, school personnel; (7) Correctional setting staf f; and (8) Community -based organizations. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16114. Furnishing Naloxone or Other Opioid Antagonist to Law Enforcement Agency, Conditions, Records. COL 8/23/202310 GCA HEALTH AND SAFETY CH. ons. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16114. Furnishing Naloxone or Other Opioid Antagonist to Law Enforcement Agency, Conditions, Records. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 17 Notwithstanding any other law, a pharmacy, wholesaler, or manufacturer may furnish naloxone or other opioid antagonists to a law enforcement agencies if both of the following are met: (a) The naloxone or other opioid antagonist is furnished exclusively for use by employees of the law enforcement agency who have completed training in administering naloxone or other opioid antagonists. (b) Records regarding the acquisition and disposition of naloxone or other opioid antagonists furnished pursuant to this section shall be maintained by the law enforcement agency for a period of three years from the date the records were created. The law enforcement agency shall be responsible for monitoring th e supply of naloxone or other opioid antagonists and ensuring the destruction of expired naloxone or other opioid antagonists. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16115. Co-Prescribing May Be Required. (a) In General. oid antagonists and ensuring the destruction of expired naloxone or other opioid antagonists. SOURCE : Added by P.L. 37 -002:1 (Mar. 20, 2023). §16115. Co-Prescribing May Be Required. (a) In General. Any prescriber issuing an initial or renewal prescription to an individual for an opioid analgesic on Guam shall co-prescribe an emergency opioid antagonist. (b) Patient Education. Upon issuing an initial prescription for an opioid analgesic, and at least once every six (6) mont hs thereafter as long as such opioid analgesic remains a part of patient care, the prescriber shall provide educational materials to the patient, in writing, or other accessible instructional materials for an individual with a disability, regarding: (1) the importance of emergency opioid antagonists in preventing deaths from opioid overdoses; (2) how to recognize the signs and symptoms of a drug overdose; (3) the essential steps in responding to a drug overdose, including: (A) evaluate for signs of an opioid overdose; (B) call 911 for help; COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 18 (C) administer an emergency opioid antagonist; (D) support the person’s verdose; (B) call 911 for help; COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 18 (C) administer an emergency opioid antagonist; (D) support the person’s breathing; and (E) monitor the person’s response; (4) where to obtain emergency opioid antagonists throughout Guam; (5) de-stigmatizing the possession of an emergency opioid antagonist; and (6) Guam laws limiting a person’s civil and criminal liability for prescribing, dispensing, distributing, or administering emergency opioid antagonists. SOURCE : Added by P.L. 37 -027:1 ( July 12, 2023). 2023 NOTE: This provision was originally entitled 'Severability' as added by P.L. 37 -002:1 (Mar. 20, 2023) . Renumbered § 16120 by P.L. 37 - 027:1 (July 12, 2023). § 16116. Prohibition of Discrimination By Life Insurance Companies. (a) Limita tions on Coverage. Any company engaged in the business of providing life insurance that is authorized to do business within Guam shall not limit coverage, or refuse to issue or renew coverage, for an individual under any policy due to the fact that the ind ividual: (1) has or had a prescription for an emergency opioid antagonist; or (2) purchased or otherwise se to issue or renew coverage, for an individual under any policy due to the fact that the ind ividual: (1) has or had a prescription for an emergency opioid antagonist; or (2) purchased or otherwise possessed an emergency opioid antagonist. (b) Rates. Any company engaged in the business of providing life insurance that is authorized to do business within Guam shall not, when determining the premium rate for coverage of an individual under a policy issued or renewed by the company, use the fact that the individual: (1) has or had a prescription for an emergency opioid antagonists; or (2) purchased or otherwise possessed an emergency opioid antagonist. COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 19 (c) Other Discrimination. Any company engaged in the business of providing life insurance that is authorized to do business within Guam shall not otherwise discriminate in the offering, issuance , cancellation, amount of coverage, premium, or any other condition of an insurance policy issued by the company based solely upon the fact that an individual: (1) has, or had, a prescription for an emergency opioid antagonist; or (2) purchased, or ny other condition of an insurance policy issued by the company based solely upon the fact that an individual: (1) has, or had, a prescription for an emergency opioid antagonist; or (2) purchased, or otherwise possessed an emergency opioid antagonist. SOURCE : Added by P.L. 37 -027:1 (July 12, 2023). § 16117. Emergency Opioid Antagonist Access Bystander Program. The Guam Behavioral Health & Wellness Center shall establish the emergency opioid antagonist access bystander program, which shall involve: (a) establishing one (1) or more publicly accessible emergency opioid antagonist locations within the island; (b) determining the potential location or locations of publicly accessible emergency opioid antago nists; (c) monitoring the use of such publicly accessible emergency opioid antagonist locations; (d) creating and distributing opioid overdose response toolkits, including an emergency opioid antagonist for distribution to participating private businesses to be kept on - site; and (e) researching and applying for additional funding through the federal government or private entities, or both. SOURCE : Added by P.L. 37 -027:1 (July 12, 2023). § 16118. s to be kept on - site; and (e) researching and applying for additional funding through the federal government or private entities, or both. SOURCE : Added by P.L. 37 -027:1 (July 12, 2023). § 16118. Opioid Recovery Advisory Council Distribution of Opioid Antago nists. The Opioid Recovery Advisory Council may distribute naloxone made available through settlements to pharmacies and to the emergency opioid antagonist access locations established COL 8/23/202310 GCA HEALTH AND SAFETY CH. 16 THE GUAM OPIOID OVERDOSE PREVENTION ACT OF 2023 20 by the Bystander Program in §16117 of this Chapter, to distribute as necessary. SOURCE : Added by P.L. 37 -027:1 (July 12, 2023). § 16119. Fentanyl Testing Strips. Notwithstanding any other law, the distribution or possession of a narcotic -drug-testing product that is used solely to determine whether a controlled substance contains fentanyl shall be lawful on Guam and may be distributed through the bystander program or wherever opioid antagonists are distributed. SOURCE : Added by P.L. 37 -027:1 (July 12, 2023). §161 20. Severability. The provisions outlined in this Act are declared to be separate and severable. or wherever opioid antagonists are distributed. SOURCE : Added by P.L. 37 -027:1 (July 12, 2023). §161 20. Severability. The provisions outlined in this Act are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this statute, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of t he remainder of this statute or the validity of its application to other persons or circumstances. SOURCE : Added as § 16115 by P.L. 37 -002:1 (Mar. 20, 2023). Renumbered by P.L. 37 -027:1 (July 12, 2023). ---------- COL 8/23/2023 COL 8/23/2023
Guam Legal Code