AI-assisted research summary: This chapter lets certain individuals or representatives create, revoke, and submit a voluntary nonopioid directive, and it requires the commissioner of health to adopt implementing regulations.
Chapter 55. Voluntary Nonopioid Directive Act. Sec. 13.55.010. Nonopioid directive; revocation; other requirements. (a) An individual who is 18 years of age or older or an emancipated minor, a parent or legal guardian of a minor, or an individual's guardian or other person appointed by the individual or a court to manage the individual's health care may execute a voluntary nonopioid directive stating that an opioid may not be administered or prescribed to the individual or the minor. The directive must be in a format prescribed by the department and available in an electronic format. (b) The commissioner of health shall adopt regulations to implement this chapter. The regulations must (1) include verification by a health care provider and comply with the written consent requirements under 42 U.S.C. 290dd-2(b); (2) provide standard procedures for an individual, a parent or legal guardian of a minor, or an individual's guardian or other person appointed by the individual or a court to manage the individual's health care to submit a voluntary nonopioid directive to a health care provider or hospital; (3) include appropriate exemptions for emergency medical personnel; (4) ensure the confidentiality of a voluntary nonopioid directive; (5) ensure exemptions for an opioid used for treatment of substance abuse or opioid dependence. (c) An individual who is 18 years of age or older or an emancipated minor, a parent or legal guardian of a minor, or an individual's guardian or other person appointed by the individual or a court to manage the individual's health care may revoke a voluntary nonopioid directive at any time in writing or orally. (d) An individual, a parent or legal guardian of a minor, or an individual's guardian or other person appointed by the individual or a court to manage the individual's health care may submit a voluntary nonopioid directive to a health care provider or a hospital. Sec. 13.55.020. Obligations of health care providers and hospitals. A health care provider, a hospital, or an employee of a health care provider or hospital may not be subject to disciplinary action by the health care provider's or the employee's professional licensing board or held civilly or criminally liable for failure to administer, prescribe, or dispense an opioid, or for inadvertent administration of an opioid, to an individual or a minor who has a voluntary nonopioid directive. Sec. 13.55.030. Prescriptions presumed valid. A prescription presented to a pharmacy is presumed to be valid, and a pharmacist may not be subject to disciplinary action by the pharmacist's professional licensing board or held civilly or criminally liable for dispensing an opioid in contradiction to an individual's or a minor's voluntary nonopioid directive. Sec. 13.55.040. Effect of this chapter. Nothing in this chapter shall be construed to (1) alter an advance health care directive under AS 13.52 (Health Care Decisions Act); (2) limit the prescribing, dispensing, or administering of an opioid overdose drug; (3) limit an authorized health care provider or pharmacist from prescribing, dispensing, or administering an opioid for the treatment of substance abuse or opioid dependence. Sec. 13.55.100. Definitions. In this chapter, unless the context otherwise requires, (1) department means the Department of Health; (2) emancipated minor means a minor whose disabilities have been removed for general purposes under AS 09.55.590 ; (3) health care provider has the meaning given in AS 09.65.340 ; (4) hospital has the meaning given in AS 13.52.268 ; (5) minor means an individual under 18 years of age who is not an emancipated minor; (6) opioid includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 and 11.71.160; (7) opioid overdose drug has the meaning given in AS 09.65.340 . Sec. 13.55.110. Short title. This chapter may be known as the Voluntary Nonopioid Directive Act.