HomeMy WebLinkAbout2016-539 Emergency Svc - UNC Chapel Hill MOA for law enforcement Naloxone program 5,39
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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 University of North Carolina at
Chapel Hill, for its Police Department ("the University") 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 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
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 Orange County 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
Whereas the County desires to enter into this Memorandum of Understanding with the
University to establish a Law Enforcement Naloxone Program in which law enforcement officers
administer the opioid antagonist drug to persons who they in good faith reasonable believe to be
experiencing a drug-related overdose and they take reasonable care in doing so; and
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Whereas the University 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 University agree to the following:
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1. The term of the Memorandum of Understanding ("MOU") is from 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 University has the following responsibilities:
a. To comply with the guidelines as set out in the Orange County Emergency
Services Police Agency Credentialing Guidelines for EMS Interventions,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 credentialed to provide these services are subject to
the authority of the Office of Emergency Medical Services and the Orange
County EMS System Medical Director when providing services under this
Agreement. These credentialed officers' 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
being assisted, 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
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.
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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 the
University 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. County and the University shall comply with all laws, ordinances, codes, rules,
regulations, and licensing requirements that are applicable to the performance of this
Agreement.
7. County and the University 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.
[SIGNATURE PAGE TO FOLLOW]
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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: THE UNIVERSITY O NORTH CAROLINA AT CHAPEL HILL,FOR ITS
POLICE PAR ENT
ew . Fa i hancellor ,jW cCracken
for ina nd ' 'stration Chief of Police
FOR AND ON BEHALF OF THE COUNTY OF ORANGE
Di Jeffries, E rg n Services Director
AP o ed to legal form
AnAette M. oore, Staf Attorney
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