Proposals would provide immunity for naloxone alternatives

The Judiciary Committee heard joint testimony Jan. 23 on a pair of measures that would broaden legal immunity to those prescribing, dispensing or administering medications that rapidly reverse an opioid overdose.

Currently, Nebraska law provides such immunity only for the use of naloxone, commonly known by its brand name Narcan. The committee considered two bills that would amend the Uniform Controlled Substances Act to broaden immunity language to include any opioid overdose reversal drugs approved by the U.S. Food and Drug Administration. 

LB5, introduced by Lincoln Sen. Carolyn Bosn, would replace “naloxone” in state statute with “opioid antagonist,” and LB195, sponsored by Sen. Glen Meyer of Pender, would replace the term with “opioid reversal medication.” 

Given the similarities between the bills, Bosn said she and Meyer would collaborate to advance LB195 because its broader language and terminology are preferred by the state Department of Health and Human Services.

Meyer said that since FDA approval of naloxone in 2019, additional medications for opioid overdose have become available. Broadening state law to allow the use of generic and alternative opioid reversal medications can save more lives, he said. 

“This change in the statutory language will allow Nebraskans wider, less expensive and more efficient access to the lifesaving drugs that can reverse the effects of an opioid overdose,” Meyer said. 

Thomas Janousek, director of the Division of Behavioral Health at DHHS, testified in support of the proposals. 

Eliminating obstacles to accessing other medications will convey to health care providers, emergency responders and the public that Nebraska can adapt to the evolving landscape of opioid overdose intervention, he said. 

“This is particularly important for underserved, rural communities where limited access to medical resources can mean the difference between life and death,” Janousek said. 

Also testifying in support of the proposals was DHHS Chief Executive Medical Officer Roger Donovick.

Opioid reversal medications are safe, have no potential for abuse and are harmless if taken when not experiencing an overdose, Donovick said. 

“There’s no risk in making opioid reversal medication more widely acceptable and encouraging its use in emergencies,” he said. 

No one testified in opposition to LB5 or LB195, and the committee took no immediate action on either bill.