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Home My WebLink About2017-727-E Emergency Svc - Town of Hillsborough naloxone law enforcement1 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 DocuSign Envelope ID: 44752550-6BF5-43FE-80F8-9064F42F59BC 2 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. DocuSign Envelope ID: 44752550-6BF5-43FE-80F8-9064F42F59BC 3 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. DocuSign Envelope ID: 44752550-6BF5-43FE-80F8-9064F42F59BC 4 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 TOWN OF HILLSBOROUGH POLICE DEPARTMENT _______________________________ Duane Hampton, Chief of Police FOR AND ON BEHALF OF TOWN OF HILLSBOROUGH ________________________________ Eric Peterson, Town Manager FOR AND ON BEHALF OF THE COUNTY OF ORANGE _____________________________________ Dinah Jeffries, Emergency Services Director Approved as to legal form: __________________________________ John Roberts Attorney DocuSign Envelope ID: 44752550-6BF5-43FE-80F8-9064F42F59BC