Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0221.01 Jacob Baus x2173
HOUSE BILL 24-1003
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING MEASURES RELATED TO HARM REDUCTION FOR101
STUDENTS.102
Bill Summary
(Note: .This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Under current law, a school district, the state charter school
institute, or the governing board of a nonpublic school may adopt a policy
for a school to maintain a supply of and distribute opiate antagonists. The
bill allows the adoption of a similar policy for maintaining a supply of
opiate antagonists on school buses and extends existing civil and criminal
immunity to school bus operators and other employees present on buses
HOUSE SPONSORSHIP
McLachlan and Young,
SENATE SPONSORSHIP
Simpson and Michaelson Jenet,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. if they furnish or administer an opiate antagonist in good faith, in addition
to other requirements.
Under current law, a school district, the state charter school
institute, or the governing board of a nonpublic school may adopt a policy
for a school to maintain a supply of and distribute non-laboratory
synthetic opiate detection tests. The bill allows the adoption of a similar
policy for non-laboratory additive detection tests and extends existing
civil immunity provisions to include non-laboratory additive detection
tests.
The bill requires a school, school district, or the state charter
school institute to allow a student to possess or administer on school
grounds, on a school bus, or at any school-sponsored event an opiate
antagonist and possess a non-laboratory synthetic opiate detection test or
a non-laboratory additive detection test.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Fentanyl, a synthetic opiate painkiller, is killing people who4
did not know they were consuming it. These deaths are known as fentanyl5
poisonings.6
(b) Fentanyl is the most common cause of opiate deaths in the7
United States;8
(c) Colorado's drug overdose rate increased fifty percent from9
May 2019 to May 2021. This is consistent with the national drug10
overdose rate trend.11
(d) In 2018, less than ten percent of Colorado's drug overdoses12
involved fentanyl. In 2021, approximately forty-eight percent of13
Colorado's drug overdoses involved fentanyl.14
(e) Fentanyl is approximately one hundred times stronger than15
morphine and approximately fifty times stronger than heroin. A person16
can overdose on approximately two milligrams of fentanyl.17
HB24-1003-2- (f) A variety of drugs, including cocaine, ecstasy, and pills made1
to look like prescription narcotics, are being laced with fentanyl and2
causing fentanyl poisonings;3
(g) Colorado's students are increasingly vulnerable to opiate4
overdoses as the opiate epidemic continues to plague our state and5
country. This threat can be significantly decreased by providing to6
students and parents greater education about the threat of opiates and7
greater education about and access to opiate antagonists and detection8
products. Availability of and access to opiate antagonists and detection9
products enable immediate and effective response in the case of an10
overdose.11
(h) It is imperative to provide students with the knowledge, tools,12
and skills to save their lives and their peers' lives. It is imperative to13
create connections and communication opportunities with parents and14
school personnel.15
(i) People who attend educational harm reduction programs are16
more likely to voluntarily enter addiction treatment programming; and17
(j) Under current state law, a school district may establish a policy18
to maintain a supply of opiate antagonists and allow staff to administer an19
opiate antagonist to a person experiencing an opiate-related drug20
overdose if the staff has received training. Current state law also allows21
broad allowances for the general public to administer an opiate antagonist22
to a person who is experiencing an opiate-related drug overdose.23
(2) The general assembly declares it is necessary to build upon the24
successes of current state law that make opiate antagonists and detection25
tests available, to create greater accessibility to life-saving tools, and to26
create greater knowledge for students and parents to save lives and reduce27
HB24-1003
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SECTION 2. In Colorado Revised Statutes, 22-1-119.1, amend2
(1)(a), (1)(b), and (2) as follows:3
22-1-119.1. Policy for employee and agent possession and4
administration of opiate antagonists - definitions. (1) A school district5
board of education of a public school, the state charter school institute for6
an institute charter school, or the governing board of a nonpublic school7
may adopt and implement a policy whereby:8
(a) A school under its jurisdiction may acquire and maintain a9
stock supply of opiate antagonists
ON SCHOOL GROUNDS; ON A SCHOOL10
BUS OPERATED BY A DISTRICT SCHOOL , SCHOOL DISTRICT, THE CHARTER11
SCHOOL INSTITUTE, INSTITUTE CHARTER SCHOOL, OR NONPUBLIC SCHOOL;12
OR BOTH; and13
(b) An employee or agent of the school;
OR AN EMPLOYEE OR14
AGENT OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL15
INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL16
WHO OPERATES OR IS ON A SCHOOL BUS ; OR BOTH, may, after receiving17
appropriate training, administer an opiate antagonist on school grounds18
OR A SCHOOL BUS to assist an individual who is at risk of experiencing an19
opiate-related drug overdose event. The training provided pursuant to this20
subsection (1)(b) must include risk factors for overdose, recognizing an21
overdose, calling emergency medical services, rescue breathing, and22
administering an opiate antagonist.23
(2) An employee or agent of a school;
OR AN EMPLOYEE OR AGENT24
OF THE SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL25
INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL26
WHO OPERATES OR IS ON A SCHOOL BUS ; OR BOTH, acting in accordance27
HB24-1003
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liability or criminal prosecution, as specified in sections 13-21-108.7 (3)2
and 18-1-712 (2), respectively.3
SECTION 3. In Colorado Revised Statutes, amend 22-1-119.24
as follows:5
22-1-119.2. Policy for employee and agent furnishing synthetic6
opiate detection tests and non-laboratory additive detection tests -7
legislative intent - definitions. (1) (a) A school district board of8
education of a public school, the state charter school institute for an9
institute charter school, or the governing board of a nonpublic school may10
adopt and implement a policy whereby a school under its jurisdiction may11
acquire and maintain a supply of non-laboratory synthetic opiate detection12
tests,
NON-LABORATORY ADDITIVE DETECTION TESTS , OR BOTH, and an13
employee or agent of the school may furnish non-laboratory synthetic14
opiate detection tests,
NON-LABORATORY ADDITIVE DETECTION TESTS , OR15
BOTH, on school grounds to any individual.16
(b) T
HE GENERAL ASSEMBLY ENCOURAGES EACH SCHOOL DISTRICT17
BOARD OF EDUCATION, THE STATE CHARTER SCHOOL INSTITUTE, AND EACH18
GOVERNING BOARD OF A NONPUBLIC SCHOOL TO ADOPT AND IMPLEMENT19
A POLICY PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. IN20
DEVELOPING THE POLICY, THE GENERAL ASSEMBLY ALSO ENCOURAGES21
EACH SCHOOL DISTRICT BOARD OF EDUCATION , THE STATE CHARTER22
SCHOOL INSTITUTE, AND EACH GOVERNING BOARD OF A NONPUBLIC23
SCHOOL TO CONSIDER PARENT AND STUDENT INPUT ; CONSIDER EDUCATION24
AND TRAINING TO PARENTS AND STUDENTS REGARDING OPIATE25
ANTAGONISTS, OPIATE DETECTION TESTS , OR NON-LABORATORY26
DETECTION TESTS; AND COLLABORATE WITH GROUPS WHO HAVE27
HB24-1003
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THE POLICY.2
(2) As used in this section, "non-laboratory synthetic opiate3
detection test" means a product that is intended or designed to detect the4
presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE5
REQUIRES:6
(a) "N
ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A7
PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF8
AN ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A9
SYNTHETIC OPIATE.10
(b) "N
ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST "11
MEANS A PRODUCT THAT IS INTENDE D OR DESIGNED TO DETECT THE12
PRESENCE OF A SYNTHETIC OPIATE.13
SECTION 4. In Colorado Revised Statutes, add 22-1-119.7 as14
follows:15
22-1-119.7. Student possession and administration of opiate16
antagonists and possession of non-laboratory detection tests. (1) A17
SCHOOL, SCHOOL DISTRICT, OR THE STATE CHARTER SCHOOL INSTITUTE18
SHALL ALLOW A STUDENT OF THE SCHOOL , SCHOOL DISTRICT, OR19
INSTITUTE CHARTER SCHOOL TO POSSES OR ADMINISTER AN OPIATE20
ANTAGONIST ON SC HOOL GROUNDS , ON A SCHOOL BUS, OR AT ANY21
SCHOOL-SPONSORED EVENT.22
(2) A
SCHOOL, SCHOOL DISTRICT, OR THE STATE CHARTER SCHOOL23
INSTITUTE SHALL ALLOW A STUDENT OF THE SCHOOL , SCHOOL DISTRICT,24
OR INSTITUTE CHARTER SCHOOL TO POSSESS A NON -LABORATORY25
SYNTHETIC OPIATE DETECTION TEST OR NON -LABORATORY ADDITIVE26
DETECTION TEST ON SCHOOL GR OUNDS , ON A SCHOOL BUS, OR AT ANY27
HB24-1003
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SECTION 5. In Colorado Revised Statutes, 12-30-110, amend2
(1)(a)(V) as follows:3
12-30-110. Prescribing or dispensing an opiate antagonist -4
authorized recipients - definitions. (1) (a) A prescriber may prescribe5
or dispense, directly or in accordance with standing orders and protocols,6
an opiate antagonist to:7
(V) A school district, school, or employee or agent of a school;
OR8
AN EMPLOYEE OR AGENT OF THE SCHOOL DISTRICT , A DISTRICT SCHOOL,9
THE CHARTER SCHOOL INSTITUTE, AN INSTITUTE CHARTER SCHOOL, OR A10
NONPUBLIC SCHOOL WHO OPERATES OR IS ON A SCHOOL BUS ;11
SECTION 6. In Colorado Revised Statutes, 13-21-108.7, amend12
(3)(b)(I) as follows:13
13-21-108.7. Persons rendering emergency assistance through14
the administration of an opiate antagonist - limited immunity -15
legislative declaration - definitions. (3) General immunity. (b) This16
subsection (3) also applies to:17
(I) A person or entity described in section 12-30-110 (1)(a);18
except that an employee or agent of a school,
OR AN EMPLOYEE OR AGENT19
OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL20
INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL21
WHO OPERATES OR IS ON A SCHOOL BUS, must be acting in accordance with22
section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section23
22-1-119.1; and24
SECTION 7. In Colorado Revised Statutes, amend 13-21-108.825
as follows:26
13-21-108.8. Persons furnishing a non-laboratory synthetic27
HB24-1003
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limited immunity - definitions. (1) Except as provided in subsection (2)2
of this section, a person who or entity that acts in good faith to furnish a3
non-laboratory synthetic opiate detection test
OR A NON-LABORATORY4
ADDITIVE DETECTION TEST, including an expired non-laboratory synthetic5
opiate detection test
OR NON-LABORATORY ADDITIVE DETECTION TEST , to6
another person is not liable for any civil damages for acts, omissions7
made as a result of the act, or for any act or omission made if the8
non-laboratory synthetic opiate detection test
OR NON-LABORATORY9
ADDITIVE DETECTION TEST is stolen, defective, or produces an inaccurate10
result.11
(2) A manufacturer, as defined in section 13-21-401 (1), of12
non-laboratory synthetic opiate detection tests
OR NON-LABORATORY13
ADDITIVE DETECTION TESTS is not immune from liability as described in14
subsection (1) of this section.15
(3) For purposes of this section, "non-laboratory synthetic opiate
16
detection test" means a product that is intended or designed to detect the17
presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE18
REQUIRES:19
(a) "N
ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A20
PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF21
AN ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A22
SYNTHETIC OPIATE.23
(b) "N
ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST "24
MEANS A PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE25
PRESENCE OF A SYNTHETIC OPIATE.26
SECTION 8. In Colorado Revised Statutes, 18-1-712, amend27
HB24-1003
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18-1-712. Immunity for a person who administers an opiate2
antagonist during an opiate-related drug overdose event - definitions.3
(2) General immunity. (b) This subsection (2) also applies to:4
(I) A person or entity described in section 12-30-110 (1)(a);5
except that an employee or agent of a school,
OR AN EMPLOYEE OR AGENT6
OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL7
INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL8
WHO OPERATES OR IS ON A SCHOOL BUS, must be acting in accordance with9
section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section10
22-1-119.1; and11
SECTION 9. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2024 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
HB24-1003
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