Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB1170 Introduced / Bill

Filed 02/07/2024

                    24 LC 54 0349
House Bill 1170
By: Representatives Hawkins of the 27
th
, Mathiak of the 74
th
, Gaines of the 120
th
, Gambill
of the 15
th
, and Kennard of the 101
st
 
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the
1
Department of Public Health, so as to require that certain state government buildings,2
courthouses, and university buildings maintain and make accessible opioid antagonists; to3
provide for definitions; to provide for the identification, development, and dissemination of4
educational materials and for the development of a model policy for training individuals on5
emergency opioid antagonist administration by the department; to provide that certain6
government entities shall establish and implement an internal policy; to provide for7
immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department11
of Public Health, is amended by adding a new Code section to read as follows:12
"31-2A-20.
13
(a)  As used in this Code section, the term:14
(1)  'Automated external defibrillator' shall have the same meaning as set forth in Code15
Section 31-11-53.1.16
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(2)  'Courthouse' means a building occupied by judicial courts and containing rooms in17
which judicial proceedings are held.18
(3)  'Government entity' means any state board, commission, agency, or department or19
any other form of state or local government, but such term shall not include local school20
systems, public schools, or charter schools.21
(4) 'Opioid antagonist' shall have the same meaning as set forth in Code Section22
26-4-116.2.23
(5)  'Opioid related overdose' shall have the same meaning as set forth in Code Section24
26-4-116.2.25
(6)  'Qualified government building' means a building in which a government entity is26
housed or meets in its official capacity, including the portion occupied by a government27
entity of any building that is not publicly owned, provided that such building contains an28
automated external defibrillator.29
(7)  'University building' means any building which forms a part of the University System30
of Georgia, including any college or university under the government, control, and31
management of the Board of Regents of the University System of Georgia, or any32
building under the control of the State Board of the Technical College System of Georgia.33
(b) The department shall consult with the Department of Behavioral Health and34
Developmental Disabilities and may consult with any other medical, clinical, or peer35
support professionals or organizations it deems appropriate to identify and develop36
educational resources and guidelines on opioid related overdoses.  The department shall37
develop a model training and implementation policy for opioid antagonist administration. 38
All such educational resources and guidelines and the model training and implementation39
policy shall be maintained in a prominent manner on the department's principal public40
website.41
(c)  All qualified government buildings, courthouses, and university buildings shall:42
(1)  Maintain a supply of at least three unit doses of opioid antagonists; and43
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(2)  Ensure that such supply of opioid antagonists is available and accessible during44
regular business hours and outside of regular business hours for all government,45
educational, and student sponsored events.46
(d)  A government entity may make opioid antagonists accessible during government entity47
events that occur on property that is not publicly owned.48
(e) No one employee, officer, agent, contractor, or other individual shall be solely49
responsible for providing training pursuant to subsection (f) of this Code section for any50
government entity.51
(f)(1)  Every government entity that is based in or operates out of a qualified government52
building shall establish and implement an internal training and implementation policy for53
opioid antagonist administration. Such policy may be based on the model training and54
implementation policy developed by the department pursuant to subsection (b) of this55
Code section.  Each such government entity shall be authorized to receive and administer56
grants, gifts, contracts, moneys, and donations for the purpose of implementing this Code57
section.58
(2)  Each internal training and implementation policy provided for in paragraph (1) of this59
subsection shall:60
(A) Provide details about how an individual can access opioid antagonist61
administration training;62
(B)  Specify the location or locations of the government entity's supply of opioid63
antagonists;64
(C)  Contain an affirmative statement that any trained individual may administer an65
opioid antagonist to any person whom the trained individual believes in good faith to66
be experiencing an opioid related overdose; and67
(D)  Contain the following statement: 'Georgia law provides that any trained individual68
shall be immune from civil liability or professional discipline for any good faith act or69
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omission to act in the emergency administration of an opioid antagonist to a person70
believed to be having an opioid related overdose.'71
(g)  All employees, officers, agents, and contractors of government entities and all other72
individuals who receive training pursuant to subsection (f) of this Code section shall be73
immune from civil liability or professional discipline for any good faith act or omission to74
act related to the emergency administration of an opioid antagonist pursuant to this Code75
section.  Good faith shall not include willful misconduct, gross negligence, or recklessness.76
(h)  Notwithstanding any law to the contrary, funds appropriated or otherwise made77
available to a government entity may be used to comply with the requirements of this Code78
section by such government entity."79
SECTION 2.80
All laws and parts of laws in conflict with this Act are repealed.81
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