| 1 | | - | Amended IN Senate April 17, 2023 Amended IN Senate March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 472Introduced by Senator Hurtado(Coauthors: Senators Archuleta and Archuleta, Eggman, and Roth)February 13, 2023An act to amend Section 49414.3 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 472, as amended, Hurtado. Pupil health: opioid overdose reversal medication.Existing law authorizes a school district, county office of education, and charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered, and authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose, as provided.This bill would require each individual public school operated by a school district, county office of education, or charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at the school, as provided, to maintain at least 2 doses of naloxone hydrochloride or another opioid antagonist for purposes of those authorizations. The bill would require each school district, county office of education, and charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at its schools, as provided, to report to the State Department of Education and the State Department of Health Care Services on or before July 31, 2024, and annually thereafter, certain information regarding opioid antagonists. By imposing additional duties on public schools, the bill would impose a state-mandated local program.The bill would provide that it is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 49414.3 of the Education Code is amended to read:49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at the school, pursuant to this section or any other authority, shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Each school district, county office of education, and charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at its schools, pursuant to this section or any other authority, shall report to the department and the State Department of Health Care Services on or before July 31, 2024, and annually thereafter, the following information:(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 1 | + | Amended IN Senate March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 472Introduced by Senator Hurtado(Coauthors: Senators Archuleta and Roth)February 13, 2023 An act to amend Section 49414.3 of the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGESTSB 472, as amended, Hurtado. Pupil health: opioid overdose reversal medication.Existing law authorizes a school district, county office of education, and charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered, and authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose, as provided.This bill would require each individual public school operated by a school district, county office of education, or charter school to maintain at least 2 doses of naloxone hydrochloride or another opioid antagonist for purposes of those authorizations. The bill would require any each school district, county office of education, or and charter school that does not exercise their authorization to distribute naloxone hydrochloride or another opioid antagonist on its campus to report to the State Department of Education and the State Department of Health Care Services on or before an unspecified date, July 31, 2024, and annually thereafter, certain information. information regarding opioid antagonists. By imposing additional duties on public schools, the bill would impose a state-mandated local program.The bill would provide that it is the intent of the Legislature to enact future legislation that would authorize school districts to host trainings to parents regarding naloxone hydrochloride or another opioid antagonist. that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.It is the intent of the Legislature to enact future legislation that would authorize school districts to host trainings to parents regarding naloxone hydrochloride or another opioid antagonist.SEC. 2.SECTION 1. Section 49414.3 of the Education Code is amended to read:49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Any Each school district, county office of education, or and charter school that does not exercise their authorization to distribute naloxone hydrochloride or another opioid antagonist on its campus pursuant to this section shall report to the department and the State Department of Health Care Services on or before ____, July 31, 2024, and annually thereafter, the following information:(1)Why they are not distributing naloxone hydrochloride or another opioid antagonist.(2)How they made the determination to not distribute naloxone hydrochloride or another opioid antagonist.(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils.SEC. 3.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 49 | | - | The people of the State of California do enact as follows:SECTION 1. Section 49414.3 of the Education Code is amended to read:49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at the school, pursuant to this section or any other authority, shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Each school district, county office of education, and charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at its schools, pursuant to this section or any other authority, shall report to the department and the State Department of Health Care Services on or before July 31, 2024, and annually thereafter, the following information:(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 44 | + | The people of the State of California do enact as follows:SECTION 1.It is the intent of the Legislature to enact future legislation that would authorize school districts to host trainings to parents regarding naloxone hydrochloride or another opioid antagonist.SEC. 2.SECTION 1. Section 49414.3 of the Education Code is amended to read:49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Any Each school district, county office of education, or and charter school that does not exercise their authorization to distribute naloxone hydrochloride or another opioid antagonist on its campus pursuant to this section shall report to the department and the State Department of Health Care Services on or before ____, July 31, 2024, and annually thereafter, the following information:(1)Why they are not distributing naloxone hydrochloride or another opioid antagonist.(2)How they made the determination to not distribute naloxone hydrochloride or another opioid antagonist.(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils.SEC. 3.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 55 | | - | SECTION 1. Section 49414.3 of the Education Code is amended to read:49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at the school, pursuant to this section or any other authority, shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Each school district, county office of education, and charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at its schools, pursuant to this section or any other authority, shall report to the department and the State Department of Health Care Services on or before July 31, 2024, and annually thereafter, the following information:(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 61 | | - | 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at the school, pursuant to this section or any other authority, shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Each school district, county office of education, and charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at its schools, pursuant to this section or any other authority, shall report to the department and the State Department of Health Care Services on or before July 31, 2024, and annually thereafter, the following information:(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 63 | | - | 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at the school, pursuant to this section or any other authority, shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Each school district, county office of education, and charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at its schools, pursuant to this section or any other authority, shall report to the department and the State Department of Health Care Services on or before July 31, 2024, and annually thereafter, the following information:(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 65 | | - | 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at the school, pursuant to this section or any other authority, shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Each school district, county office of education, and charter school that has made a person who has received instruction in the administration of naloxone hydrochloride or any other opioid antagonist available at its schools, pursuant to this section or any other authority, shall report to the department and the State Department of Health Care Services on or before July 31, 2024, and annually thereafter, the following information:(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 56 | + | SEC. 2.SECTION 1. Section 49414.3 of the Education Code is amended to read:49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Any Each school district, county office of education, or and charter school that does not exercise their authorization to distribute naloxone hydrochloride or another opioid antagonist on its campus pursuant to this section shall report to the department and the State Department of Health Care Services on or before ____, July 31, 2024, and annually thereafter, the following information:(1)Why they are not distributing naloxone hydrochloride or another opioid antagonist.(2)How they made the determination to not distribute naloxone hydrochloride or another opioid antagonist.(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 57 | + | |
|---|
| 58 | + | SEC. 2.SECTION 1. Section 49414.3 of the Education Code is amended to read: |
|---|
| 59 | + | |
|---|
| 60 | + | ### SEC. 2.SECTION 1. |
|---|
| 61 | + | |
|---|
| 62 | + | 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Any Each school district, county office of education, or and charter school that does not exercise their authorization to distribute naloxone hydrochloride or another opioid antagonist on its campus pursuant to this section shall report to the department and the State Department of Health Care Services on or before ____, July 31, 2024, and annually thereafter, the following information:(1)Why they are not distributing naloxone hydrochloride or another opioid antagonist.(2)How they made the determination to not distribute naloxone hydrochloride or another opioid antagonist.(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 63 | + | |
|---|
| 64 | + | 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Any Each school district, county office of education, or and charter school that does not exercise their authorization to distribute naloxone hydrochloride or another opioid antagonist on its campus pursuant to this section shall report to the department and the State Department of Health Care Services on or before ____, July 31, 2024, and annually thereafter, the following information:(1)Why they are not distributing naloxone hydrochloride or another opioid antagonist.(2)How they made the determination to not distribute naloxone hydrochloride or another opioid antagonist.(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 65 | + | |
|---|
| 66 | + | 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following definitions apply:(1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.(2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use.(3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.(4) Qualified supervisor of health may include, but is not limited to, a school nurse.(5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours.(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.(2) Training established pursuant to this subdivision shall include all of the following:(A) Techniques for recognizing symptoms of an opioid overdose.(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian.(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.(E) Written materials covering the information required under this subdivision.(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).(5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.(f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information:(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.(2) A description of the training that the volunteer will receive pursuant to subdivision (d).(3) The right of an employee to rescind their offer to volunteer pursuant to this section.(4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).(3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.(i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file.(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee.(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.(l) Each individual public school operated by a school district, county office of education, or charter school shall maintain at least two doses of naloxone hydrochloride or another opioid antagonist on its campus for use pursuant to this section.(m) Any Each school district, county office of education, or and charter school that does not exercise their authorization to distribute naloxone hydrochloride or another opioid antagonist on its campus pursuant to this section shall report to the department and the State Department of Health Care Services on or before ____, July 31, 2024, and annually thereafter, the following information:(1)Why they are not distributing naloxone hydrochloride or another opioid antagonist.(2)How they made the determination to not distribute naloxone hydrochloride or another opioid antagonist.(1) The total supply of naloxone hydrochloride or another opioid antagonist stored on each schoolsite.(2) The number of incidents in which naloxone hydrochloride or another opioid antagonist was used to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(3) The number of doses of naloxone hydrochloride or another opioid antagonist that expired during that school year.(n) It is the intent of the Legislature that school districts, county offices of education, and charter schools share information from the State Department of Public Health regarding naloxone hydrochloride or other opioid antagonists with parents or guardians of pupils. |
|---|
| 66 | 67 | | |
|---|
| 67 | 68 | | |
|---|
| 68 | 69 | | |
|---|
| 69 | 70 | | 49414.3. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. |
|---|
| 70 | 71 | | |
|---|
| 71 | 72 | | (b) For purposes of this section, the following definitions apply: |
|---|
| 72 | 73 | | |
|---|
| 73 | 74 | | (1) Authorizing physician and surgeon may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. |
|---|
| 74 | 75 | | |
|---|
| 75 | 76 | | (2) Auto-injector means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use. |
|---|
| 76 | 77 | | |
|---|
| 77 | 78 | | (3) Opioid antagonist means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. |
|---|
| 78 | 79 | | |
|---|
| 79 | 80 | | (4) Qualified supervisor of health may include, but is not limited to, a school nurse. |
|---|
| 80 | 81 | | |
|---|
| 81 | 82 | | (5) Volunteer or trained personnel means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d). |
|---|
| 82 | 83 | | |
|---|
| 83 | 84 | | (c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. |
|---|
| 84 | 85 | | |
|---|
| 85 | 86 | | (d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on the individuals offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteers regular working hours. |
|---|
| 86 | 87 | | |
|---|
| 87 | 88 | | (2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training. |
|---|
| 88 | 89 | | |
|---|
| 89 | 90 | | (e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others. |
|---|
| 90 | 91 | | |
|---|
| 91 | 92 | | (2) Training established pursuant to this subdivision shall include all of the following: |
|---|
| 92 | 93 | | |
|---|
| 93 | 94 | | (A) Techniques for recognizing symptoms of an opioid overdose. |
|---|
| 94 | 95 | | |
|---|
| 95 | 96 | | (B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist. |
|---|
| 96 | 97 | | |
|---|
| 97 | 98 | | (C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupils parent or guardian. |
|---|
| 98 | 99 | | |
|---|
| 99 | 100 | | (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. |
|---|
| 100 | 101 | | |
|---|
| 101 | 102 | | (E) Written materials covering the information required under this subdivision. |
|---|
| 102 | 103 | | |
|---|
| 103 | 104 | | (3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. |
|---|
| 104 | 105 | | |
|---|
| 105 | 106 | | (4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2). |
|---|
| 106 | 107 | | |
|---|
| 107 | 108 | | (5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils. |
|---|
| 108 | 109 | | |
|---|
| 109 | 110 | | (f) Any school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information: |
|---|
| 110 | 111 | | |
|---|
| 111 | 112 | | (1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose. |
|---|
| 112 | 113 | | |
|---|
| 113 | 114 | | (2) A description of the training that the volunteer will receive pursuant to subdivision (d). |
|---|
| 114 | 115 | | |
|---|
| 115 | 116 | | (3) The right of an employee to rescind their offer to volunteer pursuant to this section. |
|---|
| 116 | 117 | | |
|---|
| 117 | 118 | | (4) A statement that no benefit will be granted to or withheld from any individual based on the individuals offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. |
|---|
| 118 | 119 | | |
|---|
| 119 | 120 | | (g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used. |
|---|
| 120 | 121 | | |
|---|
| 121 | 122 | | (2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). |
|---|
| 122 | 123 | | |
|---|
| 123 | 124 | | (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers. |
|---|
| 124 | 125 | | |
|---|
| 125 | 126 | | (4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeons issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. |
|---|
| 126 | 127 | | |
|---|
| 127 | 128 | | (h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date. |
|---|
| 128 | 129 | | |
|---|
| 129 | 130 | | (2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector. |
|---|
| 130 | 131 | | |
|---|
| 131 | 132 | | (3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with. |
|---|
| 132 | 133 | | |
|---|
| 133 | 134 | | (i) A school district, county office of education, or charter school electing to use naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteers personnel file. |
|---|
| 134 | 135 | | |
|---|
| 135 | 136 | | (j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist. |
|---|
| 136 | 137 | | |
|---|
| 137 | 138 | | (2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist. |
|---|
| 138 | 139 | | |
|---|
| 139 | 140 | | (3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee. |
|---|
| 140 | 141 | | |
|---|
| 141 | 142 | | (k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler. |
|---|
| 142 | 143 | | |
|---|