| Chapter 238 |
| 2019 -- S 0409 SUBSTITUTE A Enacted 07/15/2019 |
| A N A C T |
| RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS |
| Introduced By: Senators Lawson, Valverde, Murray, Euer, and Nesselbush |
| Date Introduced: February 27, 2019 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 16-21-35 of the General Laws in Chapter 16-21 entitled "Health |
| and Safety of Pupils" is hereby amended to read as follows: |
| 16-21-35. Opioid-related drug overdose -- Use of opioid antagonists -- Immunity for |
| those administering. |
| (a) For the purposes of this section, the following terms shall have the following |
| meanings: |
| (1) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or |
| disinhibits the effects of opioids acting on those receptors, including naloxone hydrochloride, also |
| known as Narcan or naloxone. |
| (2) "Opioid-related drug overdose" means a condition including, but not limited to, |
| extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death |
| resulting from the consumption or use of an opioid or another substance with which an opioid |
| was combined, or that a layperson would reasonably believe to be an opioid-related drug |
| overdose that requires medical assistance. |
| (3) "School setting" means circumstances occurring while at school or at school- |
| sponsored events or activities. |
| (b) All public and private elementary, middle schools, junior high schools, and high |
| schools, shall provide and maintain on-site in each school facility opioid antagonists, as defined |
| herein. |
| (c) To treat a case of suspected opioid overdose in a school setting, any trained nurse- |
| teacher may administer an opioid antagonist, during an emergency, to any student or staff |
| suspected of having an opioid-related drug overdose whether or not there is a previous history of |
| opioid abuse. School nurse-teachers may receive training in the administration of opioid |
| antagonists provided by the department of health. Provided, school School physicians shall |
| prepare standing orders for the procedures to be followed in dealing with a suspected opioid |
| overdose in a school setting. Such The standing orders shall not require any school nurse-teacher |
| to administer an opioid antagonist. |
| (d) Opioid antagonists shall be maintained in quantities and types deemed adequate by |
| the department of elementary and secondary education and the department of health, which shall |
| incorporate into their policies, rules, and regulations a procedure for addressing incidents of |
| opioid-related drug overdose in order to provide for the health and safety of children. Any policy, |
| rule, or regulation shall ensure that the opioid antagonist is kept in a conspicuous place, readily |
| available, but with provisions made for the safekeeping and security of the opioid antagonist so |
| that the security of the medication will not be compromised. |
| (e) No school nurse-teacher shall be liable for civil damages that may result from acts or |
| omissions relating to the use of the opioid antagonist that may constitute ordinary negligence; nor |
| shall the school personnel mentioned in this subsection be subject to criminal prosecution that |
| may result from acts or omissions in the good faith administration of an opioid antagonist. This |
| immunity does not apply to acts or omissions constituting gross negligence or willful or wanton |
| conduct. Any school nurse-teacher or other school personnel using an opioid antagonist shall be |
| protected from both civil and criminal liability pursuant to the provisions of chapter 28.9 of title |
| 21 (the good samaritan overdose prevention act of 2016). |
| (f) No school nurse-teacher shall be subject to penalty or disciplinary action for refusing |
| to be trained in the administration of an opioid antagonist. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001399/SUB A |
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