New Jersey’s Naloxone
“Standing Order” Photo by Graham MacIndoe
On July 2, 2021, Governor Murphy signed into effect legislation to expand New Jersey’s naloxone “standing order” and encourage the widespread distribution of all FDA-approved forms of naloxone (P.L.2021, c.152, Overdose Prevention Act). Naloxone — sometimes known by its brand name Narcan — is an opioid antidote, which is a medicine that reverses an opioid-related overdose. If you have questions about your rights under the naloxone standing order or believe that your rights have been violated, contact hello@njharmreduction.org.
What is naloxone? Naloxone is an opioid antidote that works almost immediately to reverse an opiate-related overdose. Naloxone has no potential for misuse, few known adverse effects, and can be quickly administered through intramuscular injection or intranasal spray. Both intramuscular and intranasal naloxone are FDA-approved and appropriate for community distribution.
What is a naloxone standing order? A standing order is a blanket prescription for naloxone for a group of people. This blanket prescription eliminates barriers to having this lifesaving medication on-hand if a person witnesses an overdose, getting naloxone out from behind closed doors and into communities.
How does New Jersey’s new law change the naloxone standing order? New Jersey’s new law requires the Commissioner of Health or Deputy Commissioner for Public Health Services to issue two statewide standing orders: A standing order authorizing any person to distribute free opioid antidotes; A standing order authorizing licensed pharmacists to dispense an opioid antidote to any individual or entity. On August 31, 2021, the New Jersey Department of Health issued a standing order accomplishing both mandates.
How long does New Jersey’s naloxone standing order stay in effect? New Jersey’s standing order will stay in effect unless and until all forms of opioid antidotes have been approved as over-the-counter medications or until the New Jersey Department of Health withdraws the standing order in writing.
Who can distribute naloxone in New Jersey? The new law allows individuals and organizations to distribute naloxone for free, without any additional authorizations or separate standing orders. Any pharmacist may dispense an opioid antidote to any person pursuant to the new standing order for pharmacies. This is a change from previous law, which required individual pharmacists to apply for and obtain a separate standing order.
Is there legal protection for individuals or entities who distribute or administer naloxone? Yes—New Jersey has robust “Good Samaritan” protections for naloxone distribution and for administering naloxone to someone who you in good faith believe to be experiencing an opioid-related overdose. The new law explicitly states that prescribers and other health care providers are immune from civil and criminal liability and professional discipline for prescribing or dispensing an opioid antidote. An individual is immune from civil and criminal liability and professional discipline for distributing or administering an opioid antidote in good faith.