Yes, licensed facilities would need a minimum of two unexpired doses of an opioid inhibitor such as Narcan (the brand name for Naloxone). This is the requirement for any Bakersfield facility licensed by the Department of Health Care Services (DHCS).
Maintaining these doses is only part of the requirement. Drug rehab clinics would also need to have someone trained in administering Narcan at the facility at all times.
A rehab center can become negligent in its duty to keep this life-saving medication on hand. It might also improperly administer this Naloxone and allow a patient to become injured or die. Drug rehab facilities are liable for these mistakes, but they also have lawyers ready to help them avoid blame for allowing an overdose.
But families don’t have to feel powerless after a loved one suffers harm in a drug rehab clinic. All victims and their families can contact a real Bakersfield rehab facility overdose lawyer for a free, confidential case consultation. It’s a no-obligation way for loved ones to learn of all their options and how to hold a facility fully liable for overdose injuries.
The Legal Requirements for Fentanyl Rehab Facilities in California
The legal responsibility is met when facilities have two doses of an opioid antagonist (a drug that blocks the effects of an opioid) on the premises. Facilities also need to have someone on the grounds who knows where the Naloxone is kept, has access to it, and can administer it.
The requirement comes from California Health and Safety Code 11834.26.
“(f) (1) A licensee shall, at all times, maintain at least two unexpired doses of naloxone hydrochloride, or any other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, on the premises and shall, at all times, have at least one staff member on the premises who knows the specific location of the naloxone hydrochloride, or other opioid antagonist that is approved by the United States Food and Drug Administration for treatment of an opioid overdose, and who has been trained on the administration of naloxone hydrochloride…”
- More Doses: Commonly, drug rehab facility networks will have more stringent standards, and keep more than 2 doses of Narcan on the grounds.
- More Training: A drug rehab facility will also usually want all staff members trained in how to give someone Narcan. It often comes in a nasal spray that is easily administered, or it could come in a self-injector.
- Multiple Doses: Training is key because, in some cases, more than one dose of Narcan is needed to keep an overdosing patient alive.
- After an Overdose: Staff members must contact 911 immediately after a fentanyl overdose is detected. They might have to deliver rescue breathing to help an overdose patient with breathing issues. They may also have to put an unconscious patient on their side to keep them from choking on their vomit.
The Safeguards a Lawyer Provides in a Fentanyl Overdose Injury Case
When facilities are negligent in their duty to monitor and quickly catch the symptoms of overdoses, they can be liable for any injuries or even deaths that result.
They might be liable for failing to provide enough Naloxone to the staff for such emergencies. A facility may also be liable for any mistake a staff member makes in administering a lifesaving dose.
These acts of negligence can be hard to prove, though, especially when a drug rehab clinic’s lawyers put up legal barriers to stop you from getting access to important evidence.
A skilled Maison Law Accident & Injuries Lawyers of Bakersfield representative would take care of the toughest parts of filing a claim.
They’d take these actions and others to see that families received the most support possible:
- Conduct a full investigation
- Get copies of documents, incident reports, and security camera footage
- Determine if the facility has enough Narcan on hand
- Determine if someone on the grounds was properly trained to deliver a dose of Narcan
- Investigate the aftermath of an overdose to see if victims in withdrawal were properly monitored and got to the hospital soon enough
You can read more on our site about what a clinic is required to do to help someone after a fentanyl overdose.
Contact a Bakersfield Rehabilitation Facility Overdose Lawyer
After a frightening fentanyl overdose at a local clinic, Kern County families can turn to Maison Law Accident & Injury Lawyers for an absolutely free case consultation. This meeting with a real lawyer comes with no pressure and is always confidential.
We want to hear from you and your family about what happened to your loved one. Then, if we can’t help you earn more for your case, we’ll tell you that and direct you on how to file a successful claim yourself.
If we can help your loved one or your family seek justice and earn more, you don’t have to worry about how you’ll all pay a lawyer. You don’t owe us anything unless we win your case. Then, our attorney’s fee comes from the settlement check the drug facility’s insurer must write for you.