Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB1170 Comm Sub / Bill

Filed 02/22/2024

                    24 LC 33 9656S
House Bill 1170 (COMMITTEE SUBSTITUTE)
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 and2
courthouses maintain and make accessible opioid antagonists; to provide for definitions; to3
provide for the identification, development, and dissemination of educational materials and4
for the development of a model policy for training individuals on emergency opioid5
antagonist administration by the department; to provide that certain government entities shall6
establish and implement an internal policy; to provide for immunity; to provide for related7
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, provided that such building contains an automated18
external defibrillator.19
(3)  'Government entity' means any state board, commission, agency, or department or20
any other form of state or local government, but such term shall not include local school21
systems, public schools, charter schools, or university buildings.22
(4) 'Opioid antagonist' shall have the same meaning as set forth in Code Section23
26-4-116.2.24
(5)  'Opioid related overdose' shall have the same meaning as set forth in Code Section25
26-4-116.2.26
(6)  'Qualified government building' means a building in which a government entity is27
housed or meets in its official capacity, including the portion occupied by a government28
entity of any building that is not publicly owned, provided that such building contains an29
automated external defibrillator.30
(7)  'University building' means any building which forms a part of the University System31
of Georgia, including any college or university under the government, control, and32
management of the Board of Regents of the University System of Georgia, or any33
building under the control of the State Board of the Technical College System of Georgia.34
(b) The department shall consult with the Department of Behavioral Health and35
Developmental Disabilities and may consult with any other medical, clinical, or peer36
support professionals or organizations it deems appropriate to identify and develop37
educational resources and guidelines on opioid related overdoses.  The department shall38
develop a model training and implementation policy for opioid antagonist administration. 39
All such educational resources and guidelines and the model training and implementation40
policy shall be maintained in a prominent manner on the department's principal public41
website.42
(c)  All qualified government buildings and courthouses shall:43
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(1)  Maintain a supply of at least three unit doses of opioid antagonists; and44
(2)  Ensure that such supply of opioid antagonists is available and accessible during45
regular business hours and outside of regular business hours for all government entity46
events.47
(d)  A government entity may make opioid antagonists accessible during government entity48
events that occur on property that is not publicly owned.49
(e) No one employee, officer, agent, contractor, or other individual shall be solely50
responsible for providing training pursuant to subsection (f) of this Code section for any51
government entity.52
(f)(1)  Every government entity that is based in or operates out of a qualified government53
building shall establish and implement an internal training and implementation policy for54
opioid antagonist administration.  Such policy may be based on the model training and55
implementation policy developed by the department pursuant to subsection (b) of this56
Code section.  Each such government entity shall be authorized to receive and administer57
grants, gifts, contracts, moneys, and donations for the purpose of implementing this Code58
section.59
(2)  Each internal training and implementation policy provided for in paragraph (1) of this60
subsection shall:61
(A) Provide details about how an individual can access opioid antagonist62
administration training;63
(B)  Specify the location or locations of the government entity's supply of opioid64
antagonists;65
(C)  Contain an affirmative statement that any trained individual may administer an66
opioid antagonist to any person whom the trained individual believes in good faith to67
be experiencing an opioid related overdose; and68
(D)  Contain the following statement: 'Georgia law provides that any trained individual69
shall be immune from civil liability or professional discipline for any good faith act or70
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omission to act in the emergency administration of an opioid antagonist to a person71
believed to be having an opioid related overdose.'72
(g)  All employees, officers, agents, and contractors of government entities and all other73
individuals who receive training pursuant to subsection (f) of this Code section shall be74
immune from civil liability or professional discipline for any good faith act or omission to75
act related to the emergency administration of an opioid antagonist pursuant to this Code76
section.  Good faith shall not include willful misconduct, gross negligence, or recklessness.77
(h)  Notwithstanding any law to the contrary, funds appropriated or otherwise made78
available to a government entity may be used to comply with the requirements of this Code79
section by such government entity."80
SECTION 2.81
All laws and parts of laws in conflict with this Act are repealed.82
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