AN ACT requiring health care practitioners and pharmacists to educate patients with prescriptions for opioid pain medications and medications to treat opioid use disorder about the potential dangers of opioids, overdose prevention, and the availability and use of opioid antagonists to prevent overdose deaths.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 1 of Chapter 90 of the General Statutes is amended by adding a new section to read:

§ 90‑12.8.  Requirement to provide opioid antagonist education.

(a)        Consistent with the federal Food and Drug Administration's labeling requirements for opioid pain medication and medication to treat opioid use disorder announced in its Drug Safety Communication dated July 23, 2020, a practitioner as defined in G.S. 90‑87(22) shall do all of the following when issuing a prescription for an opioid pain medication:

(1)        Provide information regarding all of the following to each patient receiving the prescription:

a.         The potential dangers of opioids.

b.         Overdose prevention.

c.         The availability and use of a drug approved by the federal Food and Drug Administration as an opioid antagonist for the complete or partial reversal of opioid‑induced respiratory depression.

(2)        Provide the information described in sub‑subdivisions (1)a. through (1)c. of this section to one or more persons designated by the patient receiving the prescription or, for a patient who is a minor, to the minor's parent, guardian, or person standing in loco parentis.

(b)        A pharmacist shall do all of the following when dispensing an opioid pain medication:

(1)        Ask the individual presenting a prescription for the opioid pain medication if that individual has a prescription for an opioid antagonist and offer to fill the opioid antagonist prescription if the individual has one.

(2)        If the individual or someone acting on behalf of the individual does not have a prescription for an opioid antagonist, offer to dispense or distribute an opioid antagonist in accordance with G.S. 90‑12.7 or a statewide standing order issued under G.S. 90‑12.7.

(3)        Consistent with the federal Food and Drug Administration's labeling requirements for opioid pain medication and medication to treat opioid use disorder announced in its Drug Safety Communication dated July 23, 2020, provide the information described in sub‑subdivisions (1)a. through (1)c. of this section to each individual presenting a prescription for an opioid pain medication.

(c)        Nothing in this section shall be construed to do either of the following:

(1)        Create a private right of action against a practitioner who fails to follow the requirements of this section.

(2)        Limit a practitioner's liability for negligent diagnosis or treatment of a patient, as allowed under applicable State or federal law.

SECTION 2.  This act becomes effective October 1, 2023.