HomeMy WebLinkAbout2017-727-E EMS - Hillsborough naloxone law enforcement MOU DocuSign Envelope ID:44752550-6BF5-43FE-80F8-9064F42F59BC
Memorandum of Agreement
Law Enforcement Naloxone Program
This Memorandum of Agreement (MOA) is entered into by and between Orange County on
behalf of the Orange County Emergency Services ("County") and the Town of Hillsborough
Police Department ("Town") for 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 death 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
Services ("EMS") System that has a defined scope of practice and a medical director to provide
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
Whereas "opioid antagonist" is defined, 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
a drug overdose"; and
Whereas the North Carolina Medical Board has indicated on the their list of"Approved
Medications for Credentialed EMS Personnel" that First Responder agencies, including law
enforcement agencies, are allowed to administer the Narcotic Antagonist prescription drug
"Naloxone"under specific requirements; and
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 as set out in the "Law
Enforcement Agency Credentialing Guidelines for EMS Interventions with Orange County"; and
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DocuSign Envelope ID:44752550-6BF5-43FE-80F8-9064F42F59BC
Whereas the County desires to enter into this Memorandum of Understanding with the
Town to establish a Law Enforcement Naloxone Program in which law enforcement officer
administer the opioid antagonist drug to 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 Town 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
"Law Enforcement Agency Credentialing Guidelines for EMS Interventions with Orange
County."
Now, therefore in consideration of the following mutual covenants, promises and conditions the
County and the Town agree to the following:
1. The term of the Memorandum of Understanding ("MOU") is from March 1, 2017 to
December 31, 2034, unless terminated sooner as provided in this MOU. This
Agreement becomes effective when signed by the duly authorized official of each
party.
2. The Town 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 Services ("OCES") with completed
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 officers in their department 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.
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DocuSign Envelope ID:44752550-6BF5-43FE-80F8-9064F42F59BC
b. Assist the Orange County Health Department with the delivery of naloxone
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 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 County or Town
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, shall 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. County and Town shall comply with all laws, ordinances, codes, rules, regulations,
and licensing requirements that are applicable to the performance of this Agreement.
7. County and Town 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.
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DocuSign Envelope ID:44752550-6BF5-43FE-80F8-9064F42F59BC
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.
>c oD„ e a^"T 'HALF OF TOWN OF HILLSBOROUGH POLICE DEPARTMENT
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Duane Hampton, Chief of Police
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Eric Peterson, Town Manager
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Dinah Jeffries, Emergency Services Director
Annrnuarl ac to legal form:
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John Roberts Attorney
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