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 H. B. 1170 (SUB) - 1 - 24 LC 33 9656S (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 H. B. 1170 (SUB) - 2 - 24 LC 33 9656S (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 H. B. 1170 (SUB) - 3 - 24 LC 33 9656S 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 H. B. 1170 (SUB) - 4 -