Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0221.01 Jacob Baus x2173
HOUSE BILL 24-1003
House Committees Senate Committees
Education 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
SENATE
Amended 2nd Reading
April 1, 2024
HOUSE
3rd Reading Unamended
February 29, 2024
HOUSE
Amended 2nd Reading
February 28, 2024
HOUSE SPONSORSHIP
McLachlan and Young, Amabile, Bird, Boesenecker, Brown, Clifford, deGruy Kennedy,
Duran, Epps, Froelich, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay,
Lindstedt, Lukens, Mabrey, Marshall, Marvin, Mauro, McCluskie, McCormick, Parenti,
Rutinel, Sirota, Story, Valdez, Velasco, Vigil, Weissman, Willford
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
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
1003
-3- stigmas.1
SECTION 2. In Colorado Revised Statutes, 22-1-119.1, amend2
(1)(a), (1)(b), and (2); and add (1)(c) and (4) 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; AND23
(c) AN EMPLOYEE OR AGENT OF THE SCHOOL MAY FURNISH OPIATE24
ANTAGONISTS ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY25
INDIVIDUAL, INCLUDING A STUDENT, BUT SHALL ONLY FURNISH AN OPIATE26
ANTAGONIST TO A STUDENT IF THE STUDENT HAS RECEIVED APPROPRIATE27
1003
-4- SCHOOL-SPONSORED TRAINING.1
(2) An employee or agent of a school;
OR AN EMPLOYEE OR AGENT2
OF THE SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL3
INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL4
WHO OPERATES OR IS ON A SCHOOL BUS ; OR BOTH, acting in accordance5
with a policy adopted pursuant to this section is not subject to civil6
liability or criminal prosecution, as specified in sections 13-21-108.7 (3)7
and 18-1-712 (2), respectively.8 (4) THE GENERAL ASSEMBLY ENCOURAGES EACH SCHOOL DISTRICT9
BOARD OF EDUCATION, THE CHARTER SCHOOL INSTITUTE, AND EACH10
GOVERNING BOARD OF A NONPUBLIC SCHOOL TO ADOPT AND IMPLEMENT11
A POLICY FOR AN EMPLOYEE OR AGENT OF THE SCHOOL TO FURNISH AN12
OPIATE ANTAGONIST ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY13
INDIVIDUAL, INCLUDING A STUDENT. IN DEVELOPING THE POLICY, THE14
GENERAL ASSEMBLY ALSO ENCOURAGES EACH SCHOOL DISTRICT BOARD15
OF EDUCATION, THE CHARTER SCHOOL INSTITUTE, AND EACH GOVERNING16
BOARD OF A NONPUBLIC SCHOOL TO CONSIDER PARENT AND STUDENT17
INPUT; INCLUDE EDUCATION AND TRAINING TO PARENTS AND STUDENTS18
REGARDING OPIATE ANTAGONISTS , OPIATE DETECTION TESTS, OR19
NON-LABORATORY DETECTION TESTS; CONSIDER RECOMMENDATIONS TO20
STUDENTS OF A CERTAIN AGE OR GRADE LEVEL FOR WHOM THE POLICY21
APPLIES; AND COLLABORATE WITH GROUPS WHO HAVE DEVELOPED OPIATE22
EDUCATION AND AWARENESS CAMPAIGNS TO ENHANCE THE POLICY .23
SECTION 3. In Colorado Revised Statutes, amend 22-1-119.224
as follows:25
22-1-119.2. Policy for employee and agent furnishing synthetic26
opiate detection tests and non-laboratory additive detection tests -27
1003
-5- legislative intent - definitions. (1) A school district board of1
education of a public school, the state charter school institute for an2
institute charter school, or the governing board of a nonpublic school may3
adopt and implement a policy whereby a school under its jurisdiction may4
acquire and maintain a supply of non-laboratory synthetic opiate detection5
tests,
NON-LABORATORY ADDITIVE DETECTION TESTS , OR BOTH, and an6
employee or agent of the school may furnish non-laboratory synthetic7
opiate detection tests,
NON-LABORATORY ADDITIVE DETECTION TESTS , OR8
BOTH, on school grounds to any individual.9
10
(2) As used in this section, "non-laboratory synthetic opiate11
detection test" means a product that is intended or designed to detect the12
presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "N
ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A15
PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF16
AN ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A17
SYNTHETIC OPIATE.18
(b) "N
ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST "19
MEANS A PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE20
PRESENCE OF A SYNTHETIC OPIATE.21
SECTION 4. In Colorado Revised Statutes, add 22-1-119.7 as22
follows:23
22-1-119.7. Student possession and administration of opiate24
antagonists and possession of non-laboratory detection tests. (1) A25
SCHOOL DISTRICT OR THE STATE CHARTER SCHOOL INSTITUTE SHALL NOT26
PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR INSTITUTE CHARTER27
1003
-6- SCHOOL FROM, OR DISCIPLINE A STUDENT OF THE SCHOOL DISTRICT OR1
INSTITUTE CHARTER SCHOOL FOR POSSESSING OR ADMINISTERING AN2
OPIATE ANTAGONIST ON SCHOOL GROUNDS , ON A SCHOOL BUS, OR AT ANY3
SCHOOL-SPONSORED EVENT.4
(2) A
SCHOOL, SCHOOL DISTRICT, OR THE STATE CHARTER SCHOOL5
INSTITUTE SHALL
NOT PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR6
INSTITUTE CHARTER SCHOOL FROM POSSESSING A NON-LABORATORY7
SYNTHETIC OPIATE DETECTION TEST OR NON -LABORATORY ADDITIVE8
DETECTION TEST ON SCHOOL GR OUNDS , ON A SCHOOL BUS, OR AT ANY9
SCHOOL-SPONSORED EVENT.10
(3) A STUDENT IS NOT SUBJECT TO CIVIL LIABILITY OR CRIMINAL11
PROSECUTION IF THE STUDENT ACTS AS SPECIFIED IN SECTIONS12
13-21-108.7, 13-21-108.8, OR 18-1-712.13
SECTION 5. In Colorado Revised Statutes, 12-30-110, amend14
(1)(a)(V) as follows:15
12-30-110. Prescribing or dispensing an opiate antagonist -16
authorized recipients - definitions. (1) (a) A prescriber may prescribe17
or dispense, directly or in accordance with standing orders and protocols,18
an opiate antagonist to:19
(V) A school district, school, or employee or agent of a school;
OR20
AN EMPLOYEE OR AGENT OF THE SCHOOL DISTRICT , A DISTRICT SCHOOL,21
THE CHARTER SCHOOL INSTITUTE, AN INSTITUTE CHARTER SCHOOL, OR A22
NONPUBLIC SCHOOL WHO OPERATES OR IS ON A SCHOOL BUS ;23
SECTION 6. In Colorado Revised Statutes, 13-21-108.7, amend24
(3)(b)(I) as follows:25
13-21-108.7. Persons rendering emergency assistance through26
the administration of an opiate antagonist - limited immunity -27
1003
-7- legislative declaration - definitions. (3) General immunity. (b) This1
subsection (3) also applies to:2
(I) A person or entity described in section 12-30-110 (1)(a);3
except that an employee or agent of a school,
OR AN EMPLOYEE OR AGENT4
OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL5
INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL6
WHO OPERATES OR IS ON A SCHOOL BUS, must be acting in accordance with7
section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section8
22-1-119.1; and9
SECTION 7. In Colorado Revised Statutes, amend 13-21-108.810
as follows:11
13-21-108.8. Persons furnishing a non-laboratory synthetic12
opiate detection test or a non-laboratory additive detection test -13
limited immunity - definitions. (1) Except as provided in subsection (2)14
of this section, a person who or entity that acts in good faith to furnish a15
non-laboratory synthetic opiate detection test
OR A NON-LABORATORY16
ADDITIVE DETECTION TEST, including an expired non-laboratory synthetic17
opiate detection test
OR NON-LABORATORY ADDITIVE DETECTION TEST , to18
another person is not liable for any civil damages for acts, omissions19
made as a result of the act, or for any act or omission made if the20
non-laboratory synthetic opiate detection test
OR NON-LABORATORY21
ADDITIVE DETECTION TEST is stolen, defective, or produces an inaccurate22
result.23
(2) A manufacturer, as defined in section 13-21-401 (1), of24
non-laboratory synthetic opiate detection tests
OR NON-LABORATORY25
ADDITIVE DETECTION TESTS is not immune from liability as described in26
subsection (1) of this section.27
1003
-8- (3) For purposes of this section, "non-laboratory synthetic opiate1
detection test" means a product that is intended or designed to detect the2
presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(a) "N
ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A5
PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF6
AN ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A7
SYNTHETIC OPIATE.8
(b) "N
ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST "9
MEANS A PRODUCT THAT IS INTENDE D OR DESIGNED TO DETECT THE10
PRESENCE OF A SYNTHETIC OPIATE.11
SECTION 8. In Colorado Revised Statutes, 18-1-712, amend12
(2)(b)(I) as follows:13
18-1-712. Immunity for a person who administers an opiate14
antagonist during an opiate-related drug overdose event - definitions.15
(2) General immunity. (b) This subsection (2) also applies to:16
(I) A person or entity described in section 12-30-110 (1)(a);17
except that an employee or agent of a school,
OR AN EMPLOYEE OR AGENT18
OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL19
INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL20
WHO OPERATES OR IS ON A SCHOOL BUS, must be acting in accordance with21
section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section22
22-1-119.1; and23
SECTION 9. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly; except26
that, if a referendum petition is filed pursuant to section 1 (3) of article V27
1003
-9- of the state constitution against this act or an item, section, or part of this1
act within such period, then the act, item, section, or part will not take2
effect unless approved by the people at the general election to be held in3
November 2024 and, in such case, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
1003
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