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HomeMy WebLinkAboutS 2015-138-E Memorandum of Understanding between Orange County Emergency Services Department and the Orange County Sheriff's Office for the purpose of establishing a Law Enforcement Naloxone program DocuSign Envelope ID: 08AFB9FB-32BD-447D-B42B-4AB1F7D87A61 Memorandum of Understanding Law Enforcement Naloxone Program This Memorandum of Understanding (MOU) is entered into by and on behalf of the Orange County Emergency Services Department Emergency Services) and the Orange County Office Officefor the purpose of establishing a Law Enforcement Naloxone program. Whereas the North Carolina State Center for Health Statistics found that since 1999, the number of death by drug overdoses has increased by 300%; and Whereas these drug overdose deaths could be preventable with training and access to an opioid antagonist drug; and Whereas in April 2013 the North Carolina General Assembly enacted N.C. Gen. Stat. § 90-106.2 which provided immunity from civil and criminal liability for physicians who, acting in good faith and exercising reasonable care by standing order, prescribe an opioid antagonist to persons at risk of experiencing an opiate-related overdose; and Whereas N.C. Gen Stat. § 143-517 provides that the County shall ensure that Emergency Medical Services are provided to its citizens and has done so by creating an Emergency Medical oversight of the EMS System. Whereas N.C. Gen. Stat. § 143-514 provides that the North Carolina Medical Board shall determine the scope of practice for credentialed emergency medical services personnel by establishing the medical skills and medications that may be used by credentialed emergency medical services personnel at each level of patient care; and opioid , by N.C. Gen. Stat. § 143-514(a), as naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of ; and Whereas the North Carolina Medical Board has indicated o enforcement agencies, are allowed to administer the Narcotic Antagonist prescription drug Whereas the medical director has defined the scope of practice for EMS personnel functioning within the Orange County EMS System to include First Responders, including law enforcement agencies, who meet certain defined requirements ; and Whereas the County desires to enter into this Memorandum of Understanding with the to establish a Law Enforcement Naloxone Program in which law enforcement DocuSign Envelope ID: 08AFB9FB-32BD-447D-B42B-4AB1F7D87A61 officers administer the opioid antagonist drug to a person who they in good faith reasonable believe to be experiencing a drug-related overdose and they take reasonable care in doing so; and Whereas the Office desires to enter into this Memorandum of Understanding to participate in the Law Enforcement Naloxone Program and agrees to abide by the requirements set out in Interventions with Orange County. Now, therefore in consideration of the following mutual covenants, promises and conditions the County and the agree to the following: 1. September 1, 2014 to September 1, 2019, unless terminated sooner as provided in this MOU. This Agreement becomes effective when signed by the duly authorized official of each party. 2. Office has the following responsibilities: a. To comply with the guidelines as set out in the Law Enforcement Agency Credentialing Guidelines for EMS Intervention with Orange County, which are attached as Exhibit A and hereby incorporated by reference into this MOU. b. To provide Orange County Emergency credentialing applications. c. Law Enforcement Agencies at all times must be in good standing in the Orange County Emergency Service System. The Law Enforcement Agency and the officer in for these purposes are subject to the authority of the Office of Emergency Medical Services and the Orange County EMS System Medical Director and their authority to participate in the program may be temporarily terminated, subject to due process when it is determined the activities rendered by such personnel are detrimental to the care of the person, constitute unprofessional conduct, or result in non- compliance with credentialing requirements. 3. The responsibilities of the County are: a. Provide initial and continuing education for all participating Law Enforcement officers. b. Assist the Orange County Health Department with the delivery of Naloxone DocuSign Envelope ID: 08AFB9FB-32BD-447D-B42B-4AB1F7D87A61 c. Provide Law Enforcement Agencies with initial stock of Mucosal Atomizer Devices. d. To provide Naloxone replacement on scene after LE administration. The County will not replace expired Naloxone, lost or broken medication. 4. All functions and activities performed under this Agreement are hereby declared to be governmental functions, and all immunities provided by law shall be fully applicable. Nothing in the provisions of this Agreement is to be deemed to be an agreement for the benefit of a third party or persons and no third party or persons shall have any right of action under this Agreement for any cause whatsoever. 5. This Agreement may be terminated at any time without penalty by Emergency Services or Office provided that written notice of such termination is furnished to the other party at least ninety (90) days prior to termination. This Agreement shall be in effect upon signature and, in the absence of a written notice of intent not to renew furnished to the other party at least ninety (90) days prior to the expiration thereof, be automatically renewed year to year under the same terms as set forth in this Agreement, or any written amendment thereto. This Agreement will be reviewed at periods not less than biannually by both parties. 6. Emergency Services and Office shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the performance of this Agreement. 7. Emergency Services and Office hereby agree that each will comply with such nondiscrimination laws as may be applicable to it in the performance of this Agreement. 8. This Agreement contains the entire understanding of the parties and shall not be altered, amended, or modified without the prior written consent of the duly authorized official of each party. 9. The laws of the State of North Carolina shall govern the validity and interpretation of the terms and conditions of this Agreement. 10. This Agreement can be amended or modified as needed with prior written consent of the duly authorized official of each party. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed on the signature page affixed to this Agreement. FOR AND ON BEHALF OF OFFICE _______________________________ Charles Blackwood, Sheriff DocuSign Envelope ID: 08AFB9FB-32BD-447D-B42B-4AB1F7D87A61 Approved as to legal form: __________________________________ Jennifer Galassi, Legal Advisor to the Sheriff FOR AND ON BEHALF OF EMERGENCY SERVICES _____________________________________ James Groves, Emergency Services Director Approved as to legal form: __________________________________ Annette M. Moore, Staff Attorney