Colorado 2024 Regular Session

Colorado House Bill HB1003 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0221.01 Jacob Baus x2173
1	8		HOUSE BILL 24-1003
2		-	BY REPRESENTATIVE(S) McLachlan and Young, Amabile, Bird,
3		-	Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, Epps, Froelich,
4		-	Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay,
5		-	Lindstedt, Lukens, Mabrey, Marshall, Marvin, Mauro, McCormick, Parenti,
6		-	Rutinel, Sirota, Story, Valdez, Velasco, Vigil, Weissman, Willford,
7		-	McCluskie, Bacon, Lynch, Pugliese, Snyder, Titone, Woodrow;
8		-	also SENATOR(S) Simpson and Michaelson Jenet, Bridges, Buckner,
9		-	Coleman, Cutter, Exum, Gonzales, Jaquez Lewis, Marchman, Priola,
10		-	Winter F.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING MEASURES RELATED TO HARM REDUCTION FOR STUDENTS .
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. Legislative declaration. (1) The general assembly
16		-	finds that:
17		-	(a) Fentanyl, a synthetic opiate painkiller, is killing people who did
18		-	not know they were consuming it. These deaths are known as fentanyl
19		-	poisonings.
20		-	(b) Fentanyl is the most common cause of opiate deaths in the
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. United States;
29		-	(c) Colorado's drug overdose rate increased fifty percent from May
30		-	2019 to May 2021. This is consistent with the national drug overdose rate
31		-	trend.
32		-	(d) In 2018, less than ten percent of Colorado's drug overdoses
33		-	involved fentanyl. In 2021, approximately forty-eight percent of Colorado's
34		-	drug overdoses involved fentanyl.
35		-	(e) Fentanyl is approximately one hundred times stronger than
36		-	morphine and approximately fifty times stronger than heroin. A person can
37		-	overdose on approximately two milligrams of fentanyl.
38		-	(f) A variety of drugs, including cocaine, ecstasy, and pills made to
39		-	look like prescription narcotics, are being laced with fentanyl and causing
40		-	fentanyl poisonings;
41		-	(g) Colorado's students are increasingly vulnerable to opiate
42		-	overdoses as the opiate epidemic continues to plague our state and country.
43		-	This threat can be significantly decreased by providing to students and
44		-	parents greater education about the threat of opiates and greater education
45		-	about and access to opiate antagonists and detection products. Availability
46		-	of and access to opiate antagonists and detection products enable immediate
47		-	and effective response in the case of an overdose.
48		-	(h) It is imperative to provide students with the knowledge, tools,
49		-	and skills to save their lives and their peers' lives. It is imperative to create
50		-	connections and communication opportunities with parents and school
51		-	personnel.
52		-	(i) People who attend educational harm reduction programs are more
53		-	likely to voluntarily enter addiction treatment programming; and
54		-	(j) Under current state law, a school district may establish a policy
55		-	to maintain a supply of opiate antagonists and allow staff to administer an
56		-	opiate antagonist to a person experiencing an opiate-related drug overdose
57		-	if the staff has received training. Current state law also allows broad
58		-	allowances for the general public to administer an opiate antagonist to a
59		-	person who is experiencing an opiate-related drug overdose.
60		-	PAGE 2-HOUSE BILL 24-1003 (2) The general assembly declares it is necessary to build upon the
61		-	successes of current state law that make opiate antagonists and detection
62		-	tests available, to create greater accessibility to life-saving tools, and to
63		-	create greater knowledge for students and parents to save lives and reduce
64		-	stigmas.
65		-	SECTION 2. In Colorado Revised Statutes, 22-1-119.1, amend
66		-	(1)(a), (1)(b), and (2); and add (1)(c) and (4) as follows:
67		-	22-1-119.1. Policy for employee and agent possession and
68		-	administration of opiate antagonists - definitions. (1) A school district
69		-	board of education of a public school, the state charter school institute for
70		-	an institute charter school, or the governing board of a nonpublic school
71		-	may adopt and implement a policy whereby:
72		-	(a) A school under its jurisdiction may acquire and maintain a stock
73		-	supply of opiate antagonists
74		-	ON SCHOOL GROUNDS ; ON A SCHOOL BUS
75		-	OPERATED BY A DISTRICT SCHOOL
76		-	, SCHOOL DISTRICT, THE CHARTER SCHOOL
77		-	INSTITUTE
78		-	, INSTITUTE CHARTER SCHOOL, OR NONPUBLIC SCHOOL; OR BOTH;
79		-	and
80		-	(b) An employee or agent of the school; OR AN EMPLOYEE OR AGENT
81		-	OF A SCHOOL DISTRICT
82		-	, A DISTRICT SCHOOL, THE CHARTER SCHOOL
83		-	INSTITUTE
84		-	, AN INSTITUTE CHARTER SCHOOL, OR A NONPUBLIC SCHOOL WHO
85		-	OPERATES OR IS ON A SCHOOL BUS
86		-	; OR BOTH, may, after receiving
87		-	appropriate training, administer an opiate antagonist on school grounds
88		-	OR
89		-	A SCHOOL BUS
90		-	to assist an individual who is at risk of experiencing an
91		-	opiate-related drug overdose event. The training provided pursuant to this
92		-	subsection (1)(b) must include risk factors for overdose, recognizing an
93		-	overdose, calling emergency medical services, rescue breathing, and
94		-	administering an opiate antagonist;
95		-	AND
96		-	(c) AN EMPLOYEE OR AGENT OF THE SCHOOL MAY FURNISH OPIATE
97		-	ANTAGONISTS ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY
98		-	INDIVIDUAL
99		-	, INCLUDING A STUDENT, BUT SHALL ONLY FURNISH AN OPIATE
100		-	ANTAGONIST TO A STUDENT IF THE STUDENT HAS RECEIVED APPROPRIATE
101		-	SCHOOL
102		-	-SPONSORED TRAINING.
	13	+	ONCERNING MEASURES RELATED TO HARM REDUCTION FOR101
	14	+	STUDENTS.102
	15	+	Bill Summary
	16	+	(Note: .This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Under current law, a school district, the state charter school
	23	+	institute, or the governing board of a nonpublic school may adopt a policy
	24	+	for a school to maintain a supply of and distribute opiate antagonists. The
	25	+	bill allows the adoption of a similar policy for maintaining a supply of
	26	+	opiate antagonists on school buses and extends existing civil and criminal
	27	+	immunity to school bus operators and other employees present on buses
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 2, 2024
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	April 1, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 29, 2024
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 28, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	McLachlan and Young, Amabile, Bird, Boesenecker, Brown, Clifford, deGruy Kennedy,
	42	+	Duran, Epps, Froelich, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay,
	43	+	Lindstedt, Lukens, Mabrey, Marshall, Marvin, Mauro, McCluskie, McCormick, Parenti,
	44	+	Rutinel, Sirota, Story, Valdez, Velasco, Vigil, Weissman, Willford
	45	+	SENATE SPONSORSHIP
	46	+	Simpson and Michaelson Jenet, Bridges, Buckner, Coleman, Cutter, Exum, Gonzales,
	47	+	Jaquez Lewis, Marchman, Priola, Winter F.
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. if they furnish or administer an opiate antagonist in good faith, in addition
	51	+	to other requirements.
	52	+	Under current law, a school district, the state charter school
	53	+	institute, or the governing board of a nonpublic school may adopt a policy
	54	+	for a school to maintain a supply of and distribute non-laboratory
	55	+	synthetic opiate detection tests. The bill allows the adoption of a similar
	56	+	policy for non-laboratory additive detection tests and extends existing
	57	+	civil immunity provisions to include non-laboratory additive detection
	58	+	tests.
	59	+	The bill requires a school, school district, or the state charter
	60	+	school institute to allow a student to possess or administer on school
	61	+	grounds, on a school bus, or at any school-sponsored event an opiate
	62	+	antagonist and possess a non-laboratory synthetic opiate detection test or
	63	+	a non-laboratory additive detection test.
	64	+	Be it enacted by the General Assembly of the State of Colorado:1
	65	+	SECTION 1. Legislative declaration. (1) The general assembly2
	66	+	finds that:3
	67	+	(a) Fentanyl, a synthetic opiate painkiller, is killing people who4
	68	+	did not know they were consuming it. These deaths are known as fentanyl5
	69	+	poisonings.6
	70	+	(b) Fentanyl is the most common cause of opiate deaths in the7
	71	+	United States;8
	72	+	(c) Colorado's drug overdose rate increased fifty percent from9
	73	+	May 2019 to May 2021. This is consistent with the national drug10
	74	+	overdose rate trend.11
	75	+	(d) In 2018, less than ten percent of Colorado's drug overdoses12
	76	+	involved fentanyl. In 2021, approximately forty-eight percent of13
	77	+	Colorado's drug overdoses involved fentanyl.14
	78	+	(e) Fentanyl is approximately one hundred times stronger than15
	79	+	morphine and approximately fifty times stronger than heroin. A person16
	80	+	can overdose on approximately two milligrams of fentanyl.17
	81	+	1003-2- (f) A variety of drugs, including cocaine, ecstasy, and pills made1
	82	+	to look like prescription narcotics, are being laced with fentanyl and2
	83	+	causing fentanyl poisonings;3
	84	+	(g) Colorado's students are increasingly vulnerable to opiate4
	85	+	overdoses as the opiate epidemic continues to plague our state and5
	86	+	country. This threat can be significantly decreased by providing to6
	87	+	students and parents greater education about the threat of opiates and7
	88	+	greater education about and access to opiate antagonists and detection8
	89	+	products. Availability of and access to opiate antagonists and detection9
	90	+	products enable immediate and effective response in the case of an10
	91	+	overdose.11
	92	+	(h) It is imperative to provide students with the knowledge, tools,12
	93	+	and skills to save their lives and their peers' lives. It is imperative to13
	94	+	create connections and communication opportunities with parents and14
	95	+	school personnel.15
	96	+	(i) People who attend educational harm reduction programs are16
	97	+	more likely to voluntarily enter addiction treatment programming; and17
	98	+	(j) Under current state law, a school district may establish a policy18
	99	+	to maintain a supply of opiate antagonists and allow staff to administer an19
	100	+	opiate antagonist to a person experiencing an opiate-related drug20
	101	+	overdose if the staff has received training. Current state law also allows21
	102	+	broad allowances for the general public to administer an opiate antagonist22
	103	+	to a person who is experiencing an opiate-related drug overdose.23
	104	+	(2) The general assembly declares it is necessary to build upon the24
	105	+	successes of current state law that make opiate antagonists and detection25
	106	+	tests available, to create greater accessibility to life-saving tools, and to26
	107	+	create greater knowledge for students and parents to save lives and reduce27
	108	+	1003
	109	+	-3- stigmas.1
	110	+	SECTION 2. In Colorado Revised Statutes, 22-1-119.1, amend2
	111	+	(1)(a), (1)(b), and (2); and add (1)(c) and (4) as follows:3
	112	+	22-1-119.1. Policy for employee and agent possession and4
	113	+	administration of opiate antagonists - definitions. (1) A school district5
	114	+	board of education of a public school, the state charter school institute for6
	115	+	an institute charter school, or the governing board of a nonpublic school7
	116	+	may adopt and implement a policy whereby:8
	117	+	(a) A school under its jurisdiction may acquire and maintain a9
	118	+	stock supply of opiate antagonists
	119	+	ON SCHOOL GROUNDS; ON A SCHOOL10
	120	+	BUS OPERATED BY A DISTRICT SCHOOL , SCHOOL DISTRICT, THE CHARTER11
	121	+	SCHOOL INSTITUTE, INSTITUTE CHARTER SCHOOL, OR NONPUBLIC SCHOOL;12
	122	+	OR BOTH;
	123	+	and13
	124	+	(b) An employee or agent of the school;
	125	+	OR AN EMPLOYEE OR14
	126	+	AGENT OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL15
	127	+	INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL16
	128	+	WHO OPERATES OR IS ON A SCHOOL BUS ; OR BOTH, may, after receiving17
	129	+	appropriate training, administer an opiate antagonist on school grounds18
	130	+	OR A SCHOOL BUS to assist an individual who is at risk of experiencing an19
	131	+	opiate-related drug overdose event. The training provided pursuant to this20
	132	+	subsection (1)(b) must include risk factors for overdose, recognizing an21
	133	+	overdose, calling emergency medical services, rescue breathing, and22
	134	+	administering an opiate
	135	+	antagonist; AND23
	136	+	(c) AN EMPLOYEE OR AGENT OF THE SCHOOL MAY FURNISH OPIATE24
	137	+	ANTAGONISTS ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY25
	138	+	INDIVIDUAL, INCLUDING A STUDENT, BUT SHALL ONLY FURNISH AN OPIATE26
	139	+	ANTAGONIST TO A STUDENT IF THE STUDENT HAS RECEIVED APPROPRIATE27
	140	+	1003
	141	+	-4- SCHOOL-SPONSORED TRAINING.1
103	142		(2) An employee or agent of a school;
104		-	OR AN EMPLOYEE OR AGENT
105		-	OF THE SCHOOL DISTRICT
106		-	, A DISTRICT SCHOOL, THE CHARTER SCHOOL
107		-	PAGE 3-HOUSE BILL 24-1003 INSTITUTE, AN INSTITUTE CHARTER SCHOOL, OR A NONPUBLIC SCHOOL WHO
108		-	OPERATES OR IS ON A SCHOOL BUS
109		-	; OR BOTH, acting in accordance with a
110		-	policy adopted pursuant to this section is not subject to civil liability or
111		-	criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712
112		-	(2), respectively.
113		-	(4) T
114		-	HE GENERAL ASSEMBLY ENCOURAGES EACH SCHOOL DISTRICT
115		-	BOARD OF EDUCATION
116		-	, THE CHARTER SCHOOL INSTITUTE , AND EACH
117		-	GOVERNING BOARD OF A NONPUBLIC SCHOOL TO ADOPT AND IMPLEMENT A
118		-	POLICY FOR AN EMPLOYEE OR AGENT OF THE SCHOOL TO FURNISH AN OPIATE
119		-	ANTAGONIST ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY
120		-	INDIVIDUAL
121		-	, INCLUDING A STUDENT. IN DEVELOPING THE POLICY , THE
122		-	GENERAL ASSEMBLY ALSO ENCOURAGES EACH SCHOOL DISTRICT BOARD OF
123		-	EDUCATION
124		-	, THE CHARTER SCHOOL INSTITUTE , AND EACH GOVERNING
125		-	BOARD OF A NONPUBLIC SCHOOL TO CONSIDER PARENT AND STUDENT INPUT
126		-	;
127		-	INCLUDE EDUCATION AND TRAINING TO PARENTS AND STUDENTS REGARDING
128		-	OPIATE ANTAGONISTS
129		-	, OPIATE DETECTION TESTS, OR NON-LABORATORY
130		-	DETECTION TESTS
131		-	; CONSIDER RECOMMENDATIONS TO STUDENTS OF A
132		-	CERTAIN AGE OR GRADE LEVEL FOR WHOM THE POLICY APPLIES
133		-	; AND
134		-	COLLABORATE WITH GROUPS WHO HAVE DEVELOPED OPIATE EDUCATION
135		-	AND AWARENESS CAMPAIGNS TO ENHANCE THE POLICY
136		-	.
137		-	SECTION 3. In Colorado Revised Statutes, amend 22-1-119.2 as
138		-	follows:
139		-	22-1-119.2. Policy for employee and agent furnishing synthetic
140		-	opiate detection tests and non-laboratory additive detection tests -
141		-	legislative intent - definitions. (1) A school district board of education of
142		-	a public school, the state charter school institute for an institute charter
143		-	school, or the governing board of a nonpublic school may adopt and
144		-	implement a policy whereby a school under its jurisdiction may acquire and
145		-	maintain a supply of non-laboratory synthetic opiate detection tests,
146		-	NON-LABORATORY ADDITIVE DETECTION TESTS , OR BOTH, and an employee
147		-	or agent of the school may furnish non-laboratory synthetic opiate detection
	143	+	OR AN EMPLOYEE OR AGENT2
	144	+	OF THE SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL3
	145	+	INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL4
	146	+	WHO OPERATES OR IS ON A SCHOOL BUS ; OR BOTH, acting in accordance5
	147	+	with a policy adopted pursuant to this section is not subject to civil6
	148	+	liability or criminal prosecution, as specified in sections 13-21-108.7 (3)7
	149	+	and 18-1-712 (2), respectively.8 (4) THE GENERAL ASSEMBLY ENCOURAGES EACH SCHOOL DISTRICT9
	150	+	BOARD OF EDUCATION, THE CHARTER SCHOOL INSTITUTE, AND EACH10
	151	+	GOVERNING BOARD OF A NONPUBLIC SCHOOL TO ADOPT AND IMPLEMENT11
	152	+	A POLICY FOR AN EMPLOYEE OR AGENT OF THE SCHOOL TO FURNISH AN12
	153	+	OPIATE ANTAGONIST ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY13
	154	+	INDIVIDUAL, INCLUDING A STUDENT. IN DEVELOPING THE POLICY, THE14
	155	+	GENERAL ASSEMBLY ALSO ENCOURAGES EACH SCHOOL DISTRICT BOARD15
	156	+	OF EDUCATION, THE CHARTER SCHOOL INSTITUTE, AND EACH GOVERNING16
	157	+	BOARD OF A NONPUBLIC SCHOOL TO CONSIDER PARENT AND STUDENT17
	158	+	INPUT; INCLUDE EDUCATION AND TRAINING TO PARENTS AND STUDENTS18
	159	+	REGARDING OPIATE ANTAGONISTS , OPIATE DETECTION TESTS, OR19
	160	+	NON-LABORATORY DETECTION TESTS; CONSIDER RECOMMENDATIONS TO20
	161	+	STUDENTS OF A CERTAIN AGE OR GRADE LEVEL FOR WHOM THE POLICY21
	162	+	APPLIES; AND COLLABORATE WITH GROUPS WHO HAVE DEVELOPED OPIATE22
	163	+	EDUCATION AND AWARENESS CAMPAIGNS TO ENHANCE THE POLICY .23
	164	+	SECTION 3. In Colorado Revised Statutes, amend 22-1-119.224
	165	+	as follows:25
	166	+	22-1-119.2. Policy for employee and agent furnishing synthetic26
	167	+	opiate detection tests and non-laboratory additive detection tests -27
	168	+	1003
	169	+	-5- legislative intent - definitions. (1) A school district board of1
	170	+	education of a public school, the state charter school institute for an2
	171	+	institute charter school, or the governing board of a nonpublic school may3
	172	+	adopt and implement a policy whereby a school under its jurisdiction may4
	173	+	acquire and maintain a supply of non-laboratory synthetic opiate detection5
148	174		tests,
149		-	NON-LABORATORY ADDITIVE DETECTION TESTS , OR BOTH, on school
150		-	grounds to any individual.
151		-	(2) As used in this section, "non-laboratory synthetic opiate
152		-	detection test" means a product that is intended or designed to detect the
153		-	presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE REQUIRES :
154		-	PAGE 4-HOUSE BILL 24-1003 (a) "NON-LABORATORY ADDITIVE DETECTION TEST " MEANS A
155		-	PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF AN
156		-	ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A
157		-	SYNTHETIC OPIATE
158		-	.
	175	+	NON-LABORATORY ADDITIVE DETECTION TESTS , OR BOTH, and an6
	176	+	employee or agent of the school may furnish non-laboratory synthetic7
	177	+	opiate detection tests,
	178	+	NON-LABORATORY ADDITIVE DETECTION TESTS , OR8
	179	+	BOTH, on school grounds to any individual.9
	180	+	10
	181	+	(2) As used in this section, "non-laboratory synthetic opiate11
	182	+	detection test" means a product that is intended or designed to detect the12
	183	+	presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE13
	184	+	REQUIRES:14
	185	+	(a) "N
	186	+	ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A15
	187	+	PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF16
	188	+	AN ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A17
	189	+	SYNTHETIC OPIATE.18
159	190		(b) "N
160		-	ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST " MEANS
161		-	A PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF A
162		-	SYNTHETIC OPIATE
163		-	.
164		-	SECTION 4. In Colorado Revised Statutes, add 22-1-119.7 as
165		-	follows:
166		-	22-1-119.7. Student possession and administration of opiate
167		-	antagonists and possession of non-laboratory detection tests. (1) A
168		-	SCHOOL DISTRICT OR THE STATE CHARTER SCHOOL INSTITUTE SHALL NOT
169		-	PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR INSTITUTE CHARTER
170		-	SCHOOL FROM
171		-	, OR DISCIPLINE A STUDENT OF THE SCHOOL DISTRICT OR
172		-	INSTITUTE CHARTER SCHOOL FOR POSSESSING OR ADMINISTERING AN OPIATE
173		-	ANTAGONIST ON SCHOOL GROUNDS
174		-	, ON A SCHOOL BUS , OR AT ANY
175		-	SCHOOL
176		-	-SPONSORED EVENT.
	191	+	ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST "19
	192	+	MEANS A PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE20
	193	+	PRESENCE OF A SYNTHETIC OPIATE.21
	194	+	SECTION 4. In Colorado Revised Statutes, add 22-1-119.7 as22
	195	+	follows:23
	196	+	22-1-119.7. Student possession and administration of opiate24
	197	+	antagonists and possession of non-laboratory detection tests. (1) A25
	198	+	SCHOOL DISTRICT OR THE STATE CHARTER SCHOOL INSTITUTE SHALL NOT26
	199	+	PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR INSTITUTE CHARTER27
	200	+	1003
	201	+	-6- SCHOOL FROM, OR DISCIPLINE A STUDENT OF THE SCHOOL DISTRICT OR1
	202	+	INSTITUTE CHARTER SCHOOL FOR POSSESSING OR ADMINISTERING AN2
	203	+	OPIATE ANTAGONIST ON SCHOOL GROUNDS , ON A SCHOOL BUS, OR AT ANY3
	204	+	SCHOOL-SPONSORED EVENT.4
177	205		(2) A
178		-	SCHOOL, SCHOOL DISTRICT, OR THE STATE CHARTER SCHOOL
179		-	INSTITUTE SHALL NOT PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR
180		-	INSTITUTE CHARTER SCHOOL FROM POSSESSING A NON
181		-	-LABORATORY
182		-	SYNTHETIC OPIATE DETECTION TEST OR NON
183		-	-LABORATORY ADDITIVE
184		-	DETECTION TEST ON SCHOOL GROUNDS
185		-	, ON A SCHOOL BUS, OR AT ANY
186		-	SCHOOL
187		-	-SPONSORED EVENT.
188		-	(3) A
189		-	STUDENT IS NOT SUBJECT TO CIVIL LIABILITY OR CRIMINAL
190		-	PROSECUTION IF THE STUDENT ACTS AS SPECIFIED IN SECTIONS
191		-	13-21-108.7,
192		-	13-21-108.8,
193		-	OR 18-1-712.
194		-	SECTION 5. In Colorado Revised Statutes, 12-30-110, amend
195		-	(1)(a)(V) as follows:
196		-	12-30-110. Prescribing or dispensing an opiate antagonist -
197		-	authorized recipients - definitions. (1) (a) A prescriber may prescribe or
198		-	dispense, directly or in accordance with standing orders and protocols, an
199		-	opiate antagonist to:
200		-	PAGE 5-HOUSE BILL 24-1003 (V) A school district, school, or employee or agent of a school; OR
201		-	AN EMPLOYEE OR AGENT OF THE SCHOOL DISTRICT
202		-	, A DISTRICT SCHOOL, THE
203		-	CHARTER SCHOOL INSTITUTE
204		-	, AN INSTITUTE CHARTER SCHOOL , OR A
205		-	NONPUBLIC SCHOOL WHO OPERATES OR IS ON A SCHOOL BUS
206		-	;
207		-	SECTION 6. In Colorado Revised Statutes, 13-21-108.7, amend
208		-	(3)(b)(I) as follows:
209		-	13-21-108.7. Persons rendering emergency assistance through
210		-	the administration of an opiate antagonist - limited immunity -
211		-	legislative declaration - definitions. (3) General immunity. (b) This
212		-	subsection (3) also applies to:
213		-	(I) A person or entity described in section 12-30-110 (1)(a); except
214		-	that an employee or agent of a school,
215		-	OR AN EMPLOYEE OR AGENT OF A
216		-	SCHOOL DISTRICT
217		-	, A DISTRICT SCHOOL, THE CHARTER SCHOOL INSTITUTE, AN
218		-	INSTITUTE CHARTER SCHOOL
219		-	, OR A NONPUBLIC SCHOOL WHO OPERATES OR
220		-	IS ON A SCHOOL BUS
221		-	, must be acting in accordance with section 12-30-110
222		-	(1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and
223		-	SECTION 7. In Colorado Revised Statutes, amend 13-21-108.8 as
224		-	follows:
225		-	13-21-108.8. Persons furnishing a non-laboratory synthetic
226		-	opiate detection test or a non-laboratory additive detection test -
227		-	limited immunity - definitions. (1) Except as provided in subsection (2)
228		-	of this section, a person who or entity that acts in good faith to furnish a
	206	+	SCHOOL, SCHOOL DISTRICT, OR THE STATE CHARTER SCHOOL5
	207	+	INSTITUTE SHALL
	208	+	NOT PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR6
	209	+	INSTITUTE CHARTER SCHOOL FROM POSSESSING A NON-LABORATORY7
	210	+	SYNTHETIC OPIATE DETECTION TEST OR NON -LABORATORY ADDITIVE8
	211	+	DETECTION TEST ON SCHOOL GR OUNDS , ON A SCHOOL BUS, OR AT ANY9
	212	+	SCHOOL-SPONSORED EVENT.10
	213	+	(3) A STUDENT IS NOT SUBJECT TO CIVIL LIABILITY OR CRIMINAL11
	214	+	PROSECUTION IF THE STUDENT ACTS AS SPECIFIED IN SECTIONS12
	215	+	13-21-108.7, 13-21-108.8, OR 18-1-712.13
	216	+	SECTION 5. In Colorado Revised Statutes, 12-30-110, amend14
	217	+	(1)(a)(V) as follows:15
	218	+	12-30-110. Prescribing or dispensing an opiate antagonist -16
	219	+	authorized recipients - definitions. (1) (a) A prescriber may prescribe17
	220	+	or dispense, directly or in accordance with standing orders and protocols,18
	221	+	an opiate antagonist to:19
	222	+	(V) A school district, school, or employee or agent of a school;
	223	+	OR20
	224	+	AN EMPLOYEE OR AGENT OF THE SCHOOL DISTRICT , A DISTRICT SCHOOL,21
	225	+	THE CHARTER SCHOOL INSTITUTE, AN INSTITUTE CHARTER SCHOOL, OR A22
	226	+	NONPUBLIC SCHOOL WHO OPERATES OR IS ON A SCHOOL BUS ;23
	227	+	SECTION 6. In Colorado Revised Statutes, 13-21-108.7, amend24
	228	+	(3)(b)(I) as follows:25
	229	+	13-21-108.7. Persons rendering emergency assistance through26
	230	+	the administration of an opiate antagonist - limited immunity -27
	231	+	1003
	232	+	-7- legislative declaration - definitions. (3) General immunity. (b) This1
	233	+	subsection (3) also applies to:2
	234	+	(I) A person or entity described in section 12-30-110 (1)(a);3
	235	+	except that an employee or agent of a school,
	236	+	OR AN EMPLOYEE OR AGENT4
	237	+	OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL5
	238	+	INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL6
	239	+	WHO OPERATES OR IS ON A SCHOOL BUS, must be acting in accordance with7
	240	+	section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section8
	241	+	22-1-119.1; and9
	242	+	SECTION 7. In Colorado Revised Statutes, amend 13-21-108.810
	243	+	as follows:11
	244	+	13-21-108.8. Persons furnishing a non-laboratory synthetic12
	245	+	opiate detection test or a non-laboratory additive detection test -13
	246	+	limited immunity - definitions. (1) Except as provided in subsection (2)14
	247	+	of this section, a person who or entity that acts in good faith to furnish a15
229	248		non-laboratory synthetic opiate detection test
230		-	OR A NON-LABORATORY
231		-	ADDITIVE DETECTION TEST
232		-	, including an expired non-laboratory synthetic
	249	+	OR A NON-LABORATORY16
	250	+	ADDITIVE DETECTION TEST, including an expired non-laboratory synthetic17
233	251		opiate detection test
234		-	OR NON-LABORATORY ADDITIVE DETECTION TEST , to
235		-	another person is not liable for any civil damages for acts, ~~omissions made~~
236		-	as a result of the act, or for any act or omission made if ~~the non-laboratory~~
237		-	synthetic opiate detection test
238		-	OR NON-~~LABORATORY ADDITIVE DETECTION~~
239		-	TEST
240		-	~~is stolen, defective, or produces an inaccurate~~ result.
241		-	(2) A manufacturer, as defined in section 13-21-401 (1), of
	252	+	OR NON-LABORATORY ADDITIVE DETECTION TEST , to18
	253	+	another person is not liable for any civil damages for acts, omissions19
	254	+	made as a result of the act, or for any act or omission made if the20
	255	+	non-laboratory synthetic opiate detection test
	256	+	OR NON-LABORATORY21
	257	+	ADDITIVE DETECTION TEST is stolen, defective, or produces an inaccurate22
	258	+	result.23
	259	+	(2) A manufacturer, as defined in section 13-21-401 (1), of24
242	260		non-laboratory synthetic opiate detection tests
243		-	OR NON-LABORATORY
244		-	ADDITIVE DETECTION TESTS
245		-	is not immune from liability as described in
246		-	subsection (1) of this section.
247		-	PAGE 6-HOUSE BILL 24-1003 (3) For purposes of this section, "non-laboratory synthetic opiate
248		-	detection test" means a product that is intended or designed to detect the
249		-	presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE REQUIRES :
	261	+	OR NON-LABORATORY25
	262	+	ADDITIVE DETECTION TESTS is not immune from liability as described in26
	263	+	subsection (1) of this section.27
	264	+	1003
	265	+	-8- (3) For purposes of this section, "non-laboratory synthetic opiate1
	266	+	detection test" means a product that is intended or designed to detect the2
	267	+	presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE3
	268	+	REQUIRES:4
250	269		(a) "N
251		-	ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A
252		-	PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF AN
253		-	ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A
254		-	SYNTHETIC OPIATE
255		-	.
	270	+	ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A5
	271	+	PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF6
	272	+	AN ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A7
	273	+	SYNTHETIC OPIATE.8
256	274		(b) "N
257		-	ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST " MEANS
258		-	A PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF A
259		-	SYNTHETIC OPIATE
260		-	.
261		-	SECTION 8. In Colorado Revised Statutes, 18-1-712, amend
262		-	(2)(b)(I) as follows:
263		-	18-1-712. Immunity for a person who administers an opiate
264		-	antagonist during an opiate-related drug overdose event - definitions.
265		-	(2) General immunity. (b) This subsection (2) also applies to:
266		-	(I) A person or entity described in section 12-30-110 (1)(a); except
267		-	that an employee or agent of a school,
268		-	OR AN EMPLOYEE OR AGENT OF A
269		-	SCHOOL DISTRICT
270		-	, A DISTRICT SCHOOL, THE CHARTER SCHOOL INSTITUTE, AN
271		-	INSTITUTE CHARTER SCHOOL
272		-	, OR A NONPUBLIC SCHOOL WHO OPERATES OR
273		-	IS ON A SCHOOL BUS
274		-	, must be acting in accordance with section 12-30-110
275		-	(1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and
276		-	SECTION 9. Act subject to petition - effective date. This act
277		-	takes effect at 12:01 a.m. on the day following the expiration of the
278		-	ninety-day period after final adjournment of the general assembly; except
279		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
280		-	of the state constitution against this act or an item, section, or part of this act
281		-	within such period, then the act, item, section, or part will not take effect
282		-	unless approved by the people at the general election to be held in
283		-	PAGE 7-HOUSE BILL 24-1003 November 2024 and, in such case, will take effect on the date of the official
284		-	declaration of the vote thereon by the governor.
285		-	____________________________ ____________________________
286		-	Julie McCluskie Steve Fenberg
287		-	SPEAKER OF THE HOUSE PRESIDENT OF
288		-	OF REPRESENTATIVES THE SENATE
289		-	____________________________ ____________________________
290		-	Robin Jones Cindi L. Markwell
291		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
292		-	OF REPRESENTATIVES THE SENATE
293		-	APPROVED________________________________________
294		-	(Date and Time)
295		-	_________________________________________
296		-	Jared S. Polis
297		-	GOVERNOR OF THE STATE OF COLORADO
298		-	PAGE 8-HOUSE BILL 24-1003
	275	+	ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST "9
	276	+	MEANS A PRODUCT THAT IS INTENDE D OR DESIGNED TO DETECT THE10
	277	+	PRESENCE OF A SYNTHETIC OPIATE.11
	278	+	SECTION 8. In Colorado Revised Statutes, 18-1-712, amend12
	279	+	(2)(b)(I) as follows:13
	280	+	18-1-712. Immunity for a person who administers an opiate14
	281	+	antagonist during an opiate-related drug overdose event - definitions.15
	282	+	(2) General immunity. (b) This subsection (2) also applies to:16
	283	+	(I) A person or entity described in section 12-30-110 (1)(a);17
	284	+	except that an employee or agent of a school,
	285	+	OR AN EMPLOYEE OR AGENT18
	286	+	OF A SCHOOL DISTRICT, A DISTRICT SCHOOL, THE CHARTER SCHOOL19
	287	+	INSTITUTE, AN INSTITUTE CHARTER SCHOOL , OR A NONPUBLIC SCHOOL20
	288	+	WHO OPERATES OR IS ON A SCHOOL BUS, must be acting in accordance with21
	289	+	section 12-30-110 (1)(b), (2)(b), and (4)(b), and, as applicable, section22
	290	+	22-1-119.1; and23
	291	+	SECTION 9. Act subject to petition - effective date. This act24
	292	+	takes effect at 12:01 a.m. on the day following the expiration of the25
	293	+	ninety-day period after final adjournment of the general assembly; except26
	294	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V27
	295	+	1003
	296	+	-9- of the state constitution against this act or an item, section, or part of this1
	297	+	act within such period, then the act, item, section, or part will not take2
	298	+	effect unless approved by the people at the general election to be held in3
	299	+	November 2024 and, in such case, will take effect on the date of the4
	300	+	official declaration of the vote thereon by the governor.5
	301	+	1003
	302	+	-10-