HOUSE BILL 24-1003
BY REPRESENTATIVE(S) 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, McCormick, Parenti,
Rutinel, Sirota, Story, Valdez, Velasco, Vigil, Weissman, Willford,
McCluskie, Bacon, Lynch, Pugliese, Snyder, Titone, Woodrow;
also SENATOR(S) Simpson and Michaelson Jenet, Bridges, Buckner,
Coleman, Cutter, Exum, Gonzales, Jaquez Lewis, Marchman, Priola,
Winter F.
C
ONCERNING MEASURES RELATED TO HARM REDUCTION FOR STUDENTS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Fentanyl, a synthetic opiate painkiller, is killing people who did
not know they were consuming it. These deaths are known as fentanyl
poisonings.
(b) Fentanyl is the most common cause of opiate deaths in the
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. United States;
(c) Colorado's drug overdose rate increased fifty percent from May
2019 to May 2021. This is consistent with the national drug overdose rate
trend.
(d) In 2018, less than ten percent of Colorado's drug overdoses
involved fentanyl. In 2021, approximately forty-eight percent of Colorado's
drug overdoses involved fentanyl.
(e) Fentanyl is approximately one hundred times stronger than
morphine and approximately fifty times stronger than heroin. A person can
overdose on approximately two milligrams of fentanyl.
(f) A variety of drugs, including cocaine, ecstasy, and pills made to
look like prescription narcotics, are being laced with fentanyl and causing
fentanyl poisonings;
(g) Colorado's students are increasingly vulnerable to opiate
overdoses as the opiate epidemic continues to plague our state and country.
This threat can be significantly decreased by providing to students and
parents greater education about the threat of opiates and greater education
about and access to opiate antagonists and detection products. Availability
of and access to opiate antagonists and detection products enable immediate
and effective response in the case of an overdose.
(h) It is imperative to provide students with the knowledge, tools,
and skills to save their lives and their peers' lives. It is imperative to create
connections and communication opportunities with parents and school
personnel.
(i) People who attend educational harm reduction programs are more
likely to voluntarily enter addiction treatment programming; and
(j) Under current state law, a school district may establish a policy
to maintain a supply of opiate antagonists and allow staff to administer an
opiate antagonist to a person experiencing an opiate-related drug overdose
if the staff has received training. Current state law also allows broad
allowances for the general public to administer an opiate antagonist to a
person who is experiencing an opiate-related drug overdose.
PAGE 2-HOUSE BILL 24-1003 (2) The general assembly declares it is necessary to build upon the
successes of current state law that make opiate antagonists and detection
tests available, to create greater accessibility to life-saving tools, and to
create greater knowledge for students and parents to save lives and reduce
stigmas.
SECTION 2. In Colorado Revised Statutes, 22-1-119.1, amend
(1)(a), (1)(b), and (2); and add (1)(c) and (4) as follows:
22-1-119.1. Policy for employee and agent possession and
administration of opiate antagonists - definitions. (1) A school district
board of education of a public school, the state charter school institute for
an institute charter school, or the governing board of a nonpublic school
may adopt and implement a policy whereby:
(a) A school under its jurisdiction may acquire and maintain a stock
supply of opiate antagonists
ON SCHOOL GROUNDS ; ON A SCHOOL BUS
OPERATED BY A DISTRICT SCHOOL
, SCHOOL DISTRICT, THE CHARTER SCHOOL
INSTITUTE
, INSTITUTE CHARTER SCHOOL, OR NONPUBLIC SCHOOL; OR BOTH;
and
(b) An employee or agent of the school; OR AN EMPLOYEE OR AGENT
OF A SCHOOL DISTRICT
, A DISTRICT SCHOOL, THE CHARTER SCHOOL
INSTITUTE
, AN INSTITUTE CHARTER SCHOOL, OR A NONPUBLIC SCHOOL WHO
OPERATES OR IS ON A SCHOOL BUS
; OR BOTH, may, after receiving
appropriate training, administer an opiate antagonist on school grounds
OR
A SCHOOL BUS
to assist an individual who is at risk of experiencing an
opiate-related drug overdose event. The training provided pursuant to this
subsection (1)(b) must include risk factors for overdose, recognizing an
overdose, calling emergency medical services, rescue breathing, and
administering an opiate antagonist;
AND
(c) AN EMPLOYEE OR AGENT OF THE SCHOOL MAY FURNISH OPIATE
ANTAGONISTS ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY
INDIVIDUAL
, INCLUDING A STUDENT, BUT SHALL ONLY FURNISH AN OPIATE
ANTAGONIST TO A STUDENT IF THE STUDENT HAS RECEIVED APPROPRIATE
SCHOOL
-SPONSORED TRAINING.
(2) An employee or agent of a school;
OR AN EMPLOYEE OR AGENT
OF THE SCHOOL DISTRICT
, A DISTRICT SCHOOL, THE CHARTER SCHOOL
PAGE 3-HOUSE BILL 24-1003 INSTITUTE, AN INSTITUTE CHARTER SCHOOL, OR A NONPUBLIC SCHOOL WHO
OPERATES OR IS ON A SCHOOL BUS
; OR BOTH, acting in accordance with a
policy adopted pursuant to this section is not subject to civil liability or
criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712
(2), respectively.
(4) T
HE GENERAL ASSEMBLY ENCOURAGES EACH SCHOOL DISTRICT
BOARD OF EDUCATION
, THE CHARTER SCHOOL INSTITUTE , AND EACH
GOVERNING BOARD OF A NONPUBLIC SCHOOL TO ADOPT AND IMPLEMENT A
POLICY FOR AN EMPLOYEE OR AGENT OF THE SCHOOL TO FURNISH AN OPIATE
ANTAGONIST ON SCHOOL GROUNDS OR ON A SCHOOL BUS TO ANY
INDIVIDUAL
, INCLUDING A STUDENT. IN DEVELOPING THE POLICY , THE
GENERAL ASSEMBLY ALSO ENCOURAGES EACH SCHOOL DISTRICT BOARD OF
EDUCATION
, THE CHARTER SCHOOL INSTITUTE , AND EACH GOVERNING
BOARD OF A NONPUBLIC SCHOOL TO CONSIDER PARENT AND STUDENT INPUT
;
INCLUDE EDUCATION AND TRAINING TO PARENTS AND STUDENTS REGARDING
OPIATE ANTAGONISTS
, OPIATE DETECTION TESTS, OR NON-LABORATORY
DETECTION TESTS
; CONSIDER RECOMMENDATIONS TO STUDENTS OF A
CERTAIN AGE OR GRADE LEVEL FOR WHOM THE POLICY APPLIES
; AND
COLLABORATE WITH GROUPS WHO HAVE DEVELOPED OPIATE EDUCATION
AND AWARENESS CAMPAIGNS TO ENHANCE THE POLICY
.
SECTION 3. In Colorado Revised Statutes, amend 22-1-119.2 as
follows:
22-1-119.2. Policy for employee and agent furnishing synthetic
opiate detection tests and non-laboratory additive detection tests -
legislative intent - definitions. (1) A school district board of education of
a public school, the state charter school institute for an institute charter
school, or the governing board of a nonpublic school may adopt and
implement a policy whereby a school under its jurisdiction may acquire and
maintain a supply of non-laboratory synthetic opiate detection tests,
NON-LABORATORY ADDITIVE DETECTION TESTS , OR BOTH, and an employee
or agent of the school may furnish non-laboratory synthetic opiate detection
tests,
NON-LABORATORY ADDITIVE DETECTION TESTS , OR BOTH, on school
grounds to any individual.
(2) As used in this section, "non-laboratory synthetic opiate
detection test" means a product that is intended or designed to detect the
presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE REQUIRES :
PAGE 4-HOUSE BILL 24-1003 (a) "NON-LABORATORY ADDITIVE DETECTION TEST " MEANS A
PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF AN
ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A
SYNTHETIC OPIATE
.
(b) "N
ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST " MEANS
A PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF A
SYNTHETIC OPIATE
.
SECTION 4. In Colorado Revised Statutes, add 22-1-119.7 as
follows:
22-1-119.7. Student possession and administration of opiate
antagonists and possession of non-laboratory detection tests. (1) A
SCHOOL DISTRICT OR THE STATE CHARTER SCHOOL INSTITUTE SHALL NOT
PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR INSTITUTE CHARTER
SCHOOL FROM
, OR DISCIPLINE A STUDENT OF THE SCHOOL DISTRICT OR
INSTITUTE CHARTER SCHOOL FOR POSSESSING OR ADMINISTERING AN OPIATE
ANTAGONIST ON SCHOOL GROUNDS
, ON A SCHOOL BUS , OR AT ANY
SCHOOL
-SPONSORED EVENT.
(2) A
SCHOOL, SCHOOL DISTRICT, OR THE STATE CHARTER SCHOOL
INSTITUTE SHALL NOT PROHIBIT A STUDENT OF THE SCHOOL DISTRICT OR
INSTITUTE CHARTER SCHOOL FROM POSSESSING A NON
-LABORATORY
SYNTHETIC OPIATE DETECTION TEST OR NON
-LABORATORY ADDITIVE
DETECTION TEST ON SCHOOL GROUNDS
, ON A SCHOOL BUS, OR AT ANY
SCHOOL
-SPONSORED EVENT.
(3) A
STUDENT IS NOT SUBJECT TO CIVIL LIABILITY OR CRIMINAL
PROSECUTION IF THE STUDENT ACTS AS SPECIFIED IN SECTIONS
13-21-108.7,
13-21-108.8,
OR 18-1-712.
SECTION 5. In Colorado Revised Statutes, 12-30-110, amend
(1)(a)(V) as follows:
12-30-110. Prescribing or dispensing an opiate antagonist -
authorized recipients - definitions. (1) (a) A prescriber may prescribe or
dispense, directly or in accordance with standing orders and protocols, an
opiate antagonist to:
PAGE 5-HOUSE BILL 24-1003 (V) A school district, school, or employee or agent of a school; OR
AN EMPLOYEE OR AGENT OF THE SCHOOL DISTRICT
, A DISTRICT SCHOOL, THE
CHARTER SCHOOL INSTITUTE
, AN INSTITUTE CHARTER SCHOOL , OR A
NONPUBLIC SCHOOL WHO OPERATES OR IS ON A SCHOOL BUS
;
SECTION 6. In Colorado Revised Statutes, 13-21-108.7, amend
(3)(b)(I) as follows:
13-21-108.7. Persons rendering emergency assistance through
the administration of an opiate antagonist - limited immunity -
legislative declaration - definitions. (3) General immunity. (b) This
subsection (3) also applies to:
(I) A person or entity described in section 12-30-110 (1)(a); except
that an employee or agent of a school,
OR AN EMPLOYEE OR AGENT OF A
SCHOOL DISTRICT
, A DISTRICT SCHOOL, THE CHARTER SCHOOL INSTITUTE, AN
INSTITUTE CHARTER SCHOOL
, OR A NONPUBLIC SCHOOL WHO OPERATES OR
IS ON A SCHOOL BUS
, must be acting in accordance with section 12-30-110
(1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and
SECTION 7. In Colorado Revised Statutes, amend 13-21-108.8 as
follows:
13-21-108.8. Persons furnishing a non-laboratory synthetic
opiate detection test or a non-laboratory additive detection test -
limited immunity - definitions. (1) Except as provided in subsection (2)
of this section, a person who or entity that acts in good faith to furnish a
non-laboratory synthetic opiate detection test
OR A NON-LABORATORY
ADDITIVE DETECTION TEST
, including an expired non-laboratory synthetic
opiate detection test
OR NON-LABORATORY ADDITIVE DETECTION TEST , to
another person is not liable for any civil damages for acts, omissions made
as a result of the act, or for any act or omission made if the non-laboratory
synthetic opiate detection test
OR NON-LABORATORY ADDITIVE DETECTION
TEST
is stolen, defective, or produces an inaccurate result.
(2) A manufacturer, as defined in section 13-21-401 (1), of
non-laboratory synthetic opiate detection tests
OR NON-LABORATORY
ADDITIVE DETECTION TESTS
is not immune from liability as described in
subsection (1) of this section.
PAGE 6-HOUSE BILL 24-1003 (3) For purposes of this section, "non-laboratory synthetic opiate
detection test" means a product that is intended or designed to detect the
presence of a synthetic opiate UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "N
ON-LABORATORY ADDITIVE DETECTION TEST " MEANS A
PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF AN
ADDITIVE TO A SYNTHETIC OPIATE OR AN IMMEDIATE PRECURSOR TO A
SYNTHETIC OPIATE
.
(b) "N
ON-LABORATORY SYNTHETIC OPIATE DETECTION TEST " MEANS
A PRODUCT THAT IS INTENDED OR DESIGNED TO DETECT THE PRESENCE OF A
SYNTHETIC OPIATE
.
SECTION 8. In Colorado Revised Statutes, 18-1-712, amend
(2)(b)(I) as follows:
18-1-712. Immunity for a person who administers an opiate
antagonist during an opiate-related drug overdose event - definitions.
(2) General immunity. (b) This subsection (2) also applies to:
(I) A person or entity described in section 12-30-110 (1)(a); except
that an employee or agent of a school,
OR AN EMPLOYEE OR AGENT OF A
SCHOOL DISTRICT
, A DISTRICT SCHOOL, THE CHARTER SCHOOL INSTITUTE, AN
INSTITUTE CHARTER SCHOOL
, OR A NONPUBLIC SCHOOL WHO OPERATES OR
IS ON A SCHOOL BUS
, must be acting in accordance with section 12-30-110
(1)(b), (2)(b), and (4)(b), and, as applicable, section 22-1-119.1; and
SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 7-HOUSE BILL 24-1003 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 24-1003