Amended IN Assembly August 22, 2024 Amended IN Assembly June 17, 2024 Amended IN Senate April 08, 2024 Amended IN Senate March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 997Introduced by Senator Portantino(Coauthors: Senators Ochoa Bogh, Rubio, and Wilk)(Coauthors: Assembly Members Alanis, Arambula, Davies, Dixon, Grayson, Hoover, Lackey, Low, Ortega, Pacheco, Joe Patterson, Blanca Rubio, Sanchez, Schiavo, and Weber)January 31, 2024An act to add Sections Section 49414.6 and 49414.9 to the Education Code, relating to pupil health.LEGISLATIVE COUNSEL'S DIGESTSB 997, as amended, Portantino. Pupil health: opioid antagonists and fentanyl test strips.Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. 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 authorize prohibit school districts, county offices of education, and charter schools to develop and adopt a policy that allows from prohibiting pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would, for those local educational agencies that choose to develop and adopt a policy, to include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist. The bill would require public middle schools, junior high schools, high schools, and adult schools that are operated by a local educational agency to (1) stock and distribute fentanyl test strips, as provided, (2) notify pupils about the presence and location of fentanyl test strips, as provided, and (3) allow pupils to carry fentanyl test strips, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.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 49414.6 is added to the Education Code, to read:49414.6. (a) Local Notwithstanding any other law or regulation, local educational agencies may develop and adopt a policy that allows shall not prohibit pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b)Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist.(c)(b) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 2.Section 49414.9 is added to the Education Code, to read:49414.9.(a)Middle schools, junior high schools, high schools, and adult schools operated by a local educational agency shall do all of the following:(1)Stock fentanyl test strips in a secured location and distribute the fentanyl test strips to pupils as needed. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips.(2)Notify pupils of the presence and location of fentanyl test strips at least once per school year using existing means of communication.(3)Allow pupils to carry fentanyl test strips on the pupils person or in the pupils personal property.(b)For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 3.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.
Amended IN Assembly August 22, 2024 Amended IN Assembly June 17, 2024 Amended IN Senate April 08, 2024 Amended IN Senate March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 997Introduced by Senator Portantino(Coauthors: Senators Ochoa Bogh, Rubio, and Wilk)(Coauthors: Assembly Members Alanis, Arambula, Davies, Dixon, Grayson, Hoover, Lackey, Low, Ortega, Pacheco, Joe Patterson, Blanca Rubio, Sanchez, Schiavo, and Weber)January 31, 2024An act to add Sections Section 49414.6 and 49414.9 to the Education Code, relating to pupil health.LEGISLATIVE COUNSEL'S DIGESTSB 997, as amended, Portantino. Pupil health: opioid antagonists and fentanyl test strips.Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. 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 authorize prohibit school districts, county offices of education, and charter schools to develop and adopt a policy that allows from prohibiting pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would, for those local educational agencies that choose to develop and adopt a policy, to include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist. The bill would require public middle schools, junior high schools, high schools, and adult schools that are operated by a local educational agency to (1) stock and distribute fentanyl test strips, as provided, (2) notify pupils about the presence and location of fentanyl test strips, as provided, and (3) allow pupils to carry fentanyl test strips, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.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
Amended IN Assembly August 22, 2024 Amended IN Assembly June 17, 2024 Amended IN Senate April 08, 2024 Amended IN Senate March 21, 2024
Amended IN Assembly August 22, 2024
Amended IN Assembly June 17, 2024
Amended IN Senate April 08, 2024
Amended IN Senate March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 997
Introduced by Senator Portantino(Coauthors: Senators Ochoa Bogh, Rubio, and Wilk)(Coauthors: Assembly Members Alanis, Arambula, Davies, Dixon, Grayson, Hoover, Lackey, Low, Ortega, Pacheco, Joe Patterson, Blanca Rubio, Sanchez, Schiavo, and Weber)January 31, 2024
Introduced by Senator Portantino(Coauthors: Senators Ochoa Bogh, Rubio, and Wilk)(Coauthors: Assembly Members Alanis, Arambula, Davies, Dixon, Grayson, Hoover, Lackey, Low, Ortega, Pacheco, Joe Patterson, Blanca Rubio, Sanchez, Schiavo, and Weber)
January 31, 2024
An act to add Sections Section 49414.6 and 49414.9 to the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 997, as amended, Portantino. Pupil health: opioid antagonists and fentanyl test strips.
Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. 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 authorize prohibit school districts, county offices of education, and charter schools to develop and adopt a policy that allows from prohibiting pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would, for those local educational agencies that choose to develop and adopt a policy, to include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist. The bill would require public middle schools, junior high schools, high schools, and adult schools that are operated by a local educational agency to (1) stock and distribute fentanyl test strips, as provided, (2) notify pupils about the presence and location of fentanyl test strips, as provided, and (3) allow pupils to carry fentanyl test strips, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.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.
Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. 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 authorize prohibit school districts, county offices of education, and charter schools to develop and adopt a policy that allows from prohibiting pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would, for those local educational agencies that choose to develop and adopt a policy, to include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist. The bill would require public middle schools, junior high schools, high schools, and adult schools that are operated by a local educational agency to (1) stock and distribute fentanyl test strips, as provided, (2) notify pupils about the presence and location of fentanyl test strips, as provided, and (3) allow pupils to carry fentanyl test strips, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.
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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 49414.6 is added to the Education Code, to read:49414.6. (a) Local Notwithstanding any other law or regulation, local educational agencies may develop and adopt a policy that allows shall not prohibit pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b)Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist.(c)(b) For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 2.Section 49414.9 is added to the Education Code, to read:49414.9.(a)Middle schools, junior high schools, high schools, and adult schools operated by a local educational agency shall do all of the following:(1)Stock fentanyl test strips in a secured location and distribute the fentanyl test strips to pupils as needed. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips.(2)Notify pupils of the presence and location of fentanyl test strips at least once per school year using existing means of communication.(3)Allow pupils to carry fentanyl test strips on the pupils person or in the pupils personal property.(b)For purposes of this section, local educational agency means a school district, county office of education, or charter school.SEC. 3.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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 49414.6 is added to the Education Code, to read:49414.6. (a) Local Notwithstanding any other law or regulation, local educational agencies may develop and adopt a policy that allows shall not prohibit pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b)Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist.(c)(b) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
SECTION 1. Section 49414.6 is added to the Education Code, to read:
### SECTION 1.
49414.6. (a) Local Notwithstanding any other law or regulation, local educational agencies may develop and adopt a policy that allows shall not prohibit pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b)Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist.(c)(b) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
49414.6. (a) Local Notwithstanding any other law or regulation, local educational agencies may develop and adopt a policy that allows shall not prohibit pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b)Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist.(c)(b) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
49414.6. (a) Local Notwithstanding any other law or regulation, local educational agencies may develop and adopt a policy that allows shall not prohibit pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b)Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist.(c)(b) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
49414.6. (a) Local Notwithstanding any other law or regulation, local educational agencies may develop and adopt a policy that allows shall not prohibit pupils in middle schools, junior high schools, high schools, and adult schools to carry or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.
(b)Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved opioid antagonist.
(c)
(b) For purposes of this section, local educational agency means a school district, county office of education, or charter school.
(a)Middle schools, junior high schools, high schools, and adult schools operated by a local educational agency shall do all of the following:
(1)Stock fentanyl test strips in a secured location and distribute the fentanyl test strips to pupils as needed. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips.
(2)Notify pupils of the presence and location of fentanyl test strips at least once per school year using existing means of communication.
(3)Allow pupils to carry fentanyl test strips on the pupils person or in the pupils personal property.
(b)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
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.