Georgia 2025-2026 Regular Session

Georgia House Bill HB419 Compare Versions

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1-25 LC 61 0188S
2-The House Committee on Higher Education offers the following substitute to HB 419:
1+25 LC 46 1082
2+House Bill 419
3+By: Representatives Hawkins of the 27
4+th
5+, Gambill of the 15
6+th
7+, Martin of the 49
8+th
9+, Jackson of
10+the 128
11+th
12+, Mathis of the 133
13+rd
14+, and others
315 A BILL TO BE ENTITLED
416 AN ACT
5-To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
6-require the possession of opioid antagonists by institutions within the University System of2
7-Georgia and units within the Technical College System of Georgia; to provide for3
8-definitions; to provide for possession of opioid antagonists by certain individuals; to require4
9-the maintenance of a stock supply of opioid antagonists; to provide for the use and location5
10-of opioid antagonist storage compartments; to authorize certain personnel to administer6
11-opioid antagonists and carry opioid antagonists; to provide for immunity; to provide that7
12-neither civil liability nor professional discipline shall accrue to personnel, the systems, or8
13-institutions or units thereof; to provide for an exception; to amend Code Section 31-2A-209
14-of the Official Code of Georgia Annotated, relating to accessibility to opioid antagonists in10
15-government buildings and courthouses, guidelines and training, and limitations on liability,11
16-so as to make conforming changes; to provide for related matters; to repeal conflicting laws;12
17-and for other purposes.13
18-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
19-H. B. 419 (SUB)
20-- 1 - 25 LC 61 0188S
21-PART I.15
22-SECTION 1-1.16
23-Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part17
24-2 of Article 2 of Chapter 3, relating to university system, by adding a new Code section to18
25-read as follows:19
26-"20-3-88.20
27-(a) As used in this Code section, the term:21
28-(1) 'Automated external defibrillator' means a defibrillator which:22
29-(A) Is capable of cardiac rhythm analysis;23
30-(B) Will charge and be capable of being activated to deliver a countershock after24
31-electrically detecting the presence of certain cardiac dysrhythmias; and25
32-(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a26
33-mechanism for transfer and storage or for printing for review subsequent to use.27
34-(2) 'Community funding source' means local sources of capital provided by local banking28
35-institutions, including credit unions, community foundations, county or municipal29
36-governments, businesses, or residents. Such funding sources may include grants, gifts,30
37-contracts, monetary donations, or loans.31
38-(3) 'Institution' means any college, school, academy, university, or experiment station at32
39-any particular location which forms a part of the university system.33
40-(4) 'Opioid antagonist' shall have the same meaning as set forth in Code Section34
41-26-4-116.2.35
17+To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia
18+1
19+Annotated, relating to university system, so as to require the possession of opioid antagonists2
20+by institutions within the University System of Georgia; to amend Article 2 of Chapter 4 of3
21+Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education,4
22+so as to require the possession of opioid antagonists by units within the Technical College5
23+System of Georgia; to provide for definitions; to provide for possession of opioid antagonists6
24+by certain individuals; to require the maintenance of a stock supply of opioid antagonists; to7
25+provide for the use and location of opioid antagonist storage compartments; to authorize8
26+trained personnel to administer opioid antagonists and carry opioid antagonists; on their9
27+person; to provide for immunity; to provide that neither civil liability nor professional10
28+discipline shall accrue to personnel, the systems, or institutions or units thereof; to provide11
29+for an exception; to provide for activation of the emergency medical services system and12
30+notification of emergency contacts; to provide for a community funding source contingency;13
31+to provide for related matters; to repeal conflicting laws; and for other purposes.14
32+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
33+H. B. 419
34+- 1 - 25 LC 46 1082
35+SECTION 1.
36+16
37+Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated,17
38+relating to university system, is amended by adding a new Code section to read as follows:18
39+"20-3-88.
40+19
41+(a) As used in this Code section, the term:20
42+(1) 'Automated external defibrillator' means a defibrillator which:21
43+(A) Is capable of cardiac rhythm analysis;22
44+(B) Will charge and be capable of being activated to deliver a countershock after23
45+electrically detecting the presence of certain cardiac dysrhythmias; and24
46+(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a25
47+mechanism for transfer and storage or for printing for review subsequent to use.26
48+(2) 'Community funding source' means local sources of capital provided by local banking27
49+institutions, including credit unions, community foundations, county or municipal28
50+governments, businesses, or residents.29
51+(3) 'Institution' means any college, school, academy, university, or experiment station at30
52+any particular location which forms a part of the university system.31
53+(4) 'Opioid antagonist' means a drug that binds to opioid receptors and blocks or inhibits32
54+the effect of opioids acting on those receptors, including, but not limited to, naloxone,33
55+hydrochloride, or any other similarly acting drug that is approved by the federal Food and34
56+Drug Administration for the treatment of an opioid related overdose.35
4257 (5) 'Opioid antagonist storage compartment' means the structure in which opioid36
4358 antagonists may be stored.37
4459 (6) 'University system' means the University System of Georgia.38
45-H. B. 419 (SUB)
46-- 2 - 25 LC 61 0188S
4760 (b) No student, visitor, or university system employee shall be prohibited from possessing39
4861 an opioid antagonist on university system property or at a university system sponsored40
4962 activity.41
50-(c) Subject to available funding from community funding sources, each institution shall42
51-acquire and maintain a supply of opioid antagonists in any secure location in such a43
52-quantity to be used for multiple opioid overdose events; provided, however, that, if there44
53-occurs a shortage of opioid antagonists, the institution shall make a reasonable effort to45
54-maintain its supply of opioid antagonists. Any such supply shall be maintained in46
55-accordance with the manufacturer's instructions.47
56-(d) Subject to available funding from community funding sources, each institution48
57-maintaining one or more automated external defibrillators shall maintain opioid antagonists49
58-in an opioid antagonist storage compartment which shall be located within three feet of50
59-such defibrillators or as close as space reasonably allows.51
60-(e) Any university system personnel may administer an opioid antagonist to any person52
61-who the university system personnel believes in good faith to be experiencing an opioid53
62-overdose:54
63-(1) While at an institution;55
64-(2) While at a university system sponsored activity;56
65-(3) While under the supervision of university system personnel; or57
66-(4) Before or after normal institution activities.58
67-(f) Any university system personnel who in good faith administers or chooses not to59
68-administer an opioid antagonist shall be immune from civil liability or professional60
69-discipline for any act or omission to act related to the administration of an opioid61
70-antagonist, except that such immunity shall not apply to an act of willful or wanton62
71-misconduct.63
72-(g) Neither civil liability nor professional discipline shall accrue to university system64
73-personnel and no civil liability shall accrue to the university system or to any institution of65
74-H. B. 419 (SUB)
75-- 3 - 25 LC 61 0188S
76-such system due to the removal or misuse of an opioid antagonist or antagonists; provided,66
77-however, that immunity shall not apply to an act of willful or wanton misconduct."67
78-SECTION 1-2.68
79-Said title is further amended in Article 2 of Chapter 4, relating to technical and adult69
80-education, by adding a new Code section to read as follows:70
81-"20-4-39.1.71
82-(a) As used in this Code section, the term:72
83-(1) 'Automated external defibrillator' means a defibrillator which:73
84-(A) Is capable of cardiac rhythm analysis;74
85-(B) Will charge and be capable of being activated to deliver a countershock after 75
86-electrically detecting the presence of certain cardiac dysrhythmias; and76
87-(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a77
88-mechanism for transfer and storage or for printing for review subsequent to use.78
89-(2) 'Community funding source' means local sources of capital provided by local banking79
90-institutions, including credit unions, community foundations, county or municipal80
91-governments, businesses, or residents. Such funding sources may include grants, gifts,81
92-contracts, monetary donations, or loans.82
93-(3) 'Opioid antagonist' shall have the same meaning as set forth in Code Section83
94-26-4-116.2.84
95-(4) 'Opioid antagonist storage compartment' means the structure in which opioid85
96-antagonist may be stored.86
97-(5) 'Technical college system' means the Technical College System of Georgia.87
98-(6) 'Unit' means any institution, college, school, academy, or experiment station at any88
99-particular location which forms a part of the technical college system.89
100-H. B. 419 (SUB)
101-- 4 - 25 LC 61 0188S
102-(b) No student, visitor, or technical college system employee shall be prohibited from90
103-possessing an opioid antagonist on technical college system property or at a technical91
104-college system sponsored activity.92
105-(c) Subject to available funding from community funding sources, each unit shall acquire93
106-and maintain a supply of opioid antagonists in any secure location in such a quantity to be94
107-used for multiple opioid overdose events; provided, however, that, if there occurs a95
108-shortage of opioid antagonists, the unit shall make a reasonable effort to maintain its supply96
109-of opioid antagonists. Any such supply shall be maintained in accordance with the97
110-manufacturer's instructions.98
111-(d) Subject to available funding from community funding sources, each unit maintaining99
112-one or more automated external defibrillators shall maintain opioid antagonists in an opioid100
113-antagonist storage compartment which shall be located within three feet of such101
114-defibrillators or as close as space reasonably allows.102
115-(e) Any technical college system personnel may administer an opioid antagonist to any103
116-person who the technical college system personnel believes in good faith to be104
117-experiencing an opioid overdose:105
118-(1) While at a unit;106
119-(2) While at a technical college system sponsored activity;107
120-(3) While under the supervision of technical college system personnel; or108
121-(4) Before or after normal unit activities.109
122-(f) Any technical college system personnel who in good faith administers or chooses not110
123-to administer an opioid antagonist pursuant to this Code section shall be immune from civil111
124-liability or professional discipline for any act or omission to act related to the112
125-administration of an opioid antagonist, except that such immunity shall not apply to an act113
126-of willful or wanton misconduct.114
127-(g) Neither civil liability nor professional discipline shall accrue to technical college115
128-system personnel and no civil liability shall accrue to the technical college system or any116
129-H. B. 419 (SUB)
130-- 5 - 25 LC 61 0188S
131-unit of such system due to the removal or misuse of an opioid antagonist or antagonists;117
132-provided, however, that immunity shall not apply to an act of willful or wanton118
133-misconduct."119
134-PART II.120
135-SECTION 2-1.121
136-Code Section 31-2A-20 of the Official Code of Georgia Annotated, relating to accessibility122
137-to opioid antagonists in government buildings and courthouses, guidelines and training, and123
138-limitations on liability, is amended by revising subsection (a) as follows:124
139-"(a) As used in this Code section, the term:125
140-(1) 'Automated external defibrillator' shall have the same meaning as set forth in Code126
141-Section 31-11-53.1.127
142-(2) 'Courthouse' means a building occupied by judicial courts and containing rooms in128
143-which judicial proceedings are held, provided that such building contains an automated129
144-external defibrillator.130
145-(3) 'Government entity' means any state board, commission, agency, or department, or131
146-the governing authority of any county, municipality, or consolidated government, but132
147-such term shall not include local school systems, public schools, charter schools, or133
148-university buildings the University System of Georgia, or the Technical College System134
149-of Georgia.135
150-(4) 'Opioid antagonist' shall have the same meaning as set forth in Code Section136
151-26-4-116.2.137
152-(5) 'Opioid related overdose' shall have the same meaning as set forth in Code Section138
153-26-4-116.2.139
154-H. B. 419 (SUB)
155-- 6 - 25 LC 61 0188S
156-(6) 'Qualified government building' means a building in which a government entity is140
157-housed or meets in its official capacity, including the portion occupied by a government141
158-entity of any building that is not publicly owned, provided that such building contains an142
159-automated external defibrillator, but such term shall not include a university building.143
160-(7) 'University building' means any building which forms a part of the University System144
161-of Georgia, including any college or university under the government, control, and145
162-management of the Board of Regents of the University System of Georgia, or any146
163-building under the control of the State Board of the Technical College System of147
164-Georgia."148
165-PART III.149
166-All laws and parts of laws in conflict with this Act are repealed.150
167-H. B. 419 (SUB)
168-- 7 -
63+H. B. 419
64+- 2 - 25 LC 46 1082
65+(c) All institutions shall acquire and maintain a supply of opioid antagonists in any secure42
66+location in such a quantity to be used for multiple opioid overdose events; provided,43
67+however, that, if there occurs a shortage of opioid antagonists, the institution shall make44
68+a reasonable effort to maintain its supply of opioid antagonists. Any such supply shall be45
69+maintained in accordance with the manufacturer's instructions.46
70+(d) Each institution maintaining one or more automated external defibrillators shall47
71+maintain opioid antagonists in an opioid antagonist storage compartment which shall be48
72+located within three feet of such defibrillators or as close as space reasonably allows.49
73+(e) Any university system personnel may administer an opioid antagonist to any person50
74+who the university system personnel believes in good faith to be experiencing an opioid51
75+overdose:52
76+(1) While at an institution;53
77+(2) While at a university system sponsored activity;54
78+(3) While under the supervision of university system personnel; or55
79+(4) Before or after normal institution activities.56
80+(f) University system personnel shall be authorized to carry an opioid antagonist on his or57
81+her person while at an institution, at a university system sponsored activity, or on university58
82+system operated property.59
83+(g) Any university system personnel who in good faith administers or chooses not to60
84+administer an opioid antagonist pursuant to this Code section shall be immune from civil61
85+liability or professional discipline for any act or omission to act related to the62
86+administration of an opioid antagonist, except that such immunity shall not apply to an act63
87+of willful or wanton misconduct.64
88+(h) Neither civil liability nor professional discipline shall accrue to university system65
89+personnel and no civil liability shall accrue to the university system or to any institution of66
90+such system due to the removal or misuse of an opioid antagonist or antagonists; provided,67
91+however, that immunity shall not apply to an act of willful or wanton misconduct.68
92+H. B. 419
93+- 3 - 25 LC 46 1082
94+(i) Upon the administration of any opioid antagonist pursuant to this Code section, the69
95+institution shall immediately activate the emergency medical services system and notify70
96+the student's parent, guardian, or emergency contact or notify such other individual's71
97+emergency contact, if known.72
98+(j) The requirement for an institution to acquire and maintain a supply of opioid73
99+antagonists and opioid antagonist storage compartments described in this Code section74
100+shall be contingent upon such institution's receipt of sufficient funding from only75
101+community funding sources. Such funding sources may include grants, gifts, contracts,76
102+monetary donations, or loans."77
103+SECTION 2.78
104+Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to79
105+technical and adult education, is amended by adding a new Code section to read as follows:80
106+"20-4-39.1.81
107+(a) As used in this Code section, the term:82
108+(1) 'Automated external defibrillator' means a defibrillator which:83
109+(A) Is capable of cardiac rhythm analysis;84
110+(B) Will charge and be capable of being activated to deliver a countershock after 85
111+electrically detecting the presence of certain cardiac dysrhythmias; and86
112+(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a87
113+mechanism for transfer and storage or for printing for review subsequent to use.88
114+(2) 'Community funding source' means local sources of capital provided by local banking89
115+institutions, including credit unions, community foundations, county or municipal90
116+governments, businesses, or residents.91
117+(3) 'Opioid antagonist' means a drug that binds to opioid receptors and blocks or inhibits92
118+the effect of opioids acting on those receptors, including, but not limited to, naloxone,93
119+H. B. 419
120+- 4 - 25 LC 46 1082
121+hydrochloride, or any other similarly acting drug that is approved by the federal Food and94
122+Drug Administration for the treatment of an opioid related overdose.95
123+(4) 'Opioid antagonist storage compartment' means the structure in which opioid96
124+antagonist may be stored.97
125+(5) 'Unit' means any institution, college, school, academy, or experiment station at any98
126+particular location which forms a part of the technical college system.99
127+(6) 'Technical college system' means the Technical College System of Georgia.100
128+(b) No student, visitor, or technical college system employee shall be prohibited from101
129+possessing an opioid antagonist on technical college system property or at a technical102
130+college system sponsored activity.103
131+(c) All units shall acquire and maintain a supply of opioid antagonists in any secure104
132+location in such a quantity to be used for multiple opioid overdose events; provided,105
133+however, that, if there occurs a shortage of opioid antagonists, the unit shall make a106
134+reasonable effort to maintain its supply of opioid antagonists. Any such supply shall be107
135+maintained in accordance with the manufacturer's instructions.108
136+(d) Each unit maintaining one or more automated external defibrillators shall maintain109
137+opioid antagonists in an opioid antagonist storage compartment which shall be located110
138+within three feet of such defibrillators or as close as space reasonably allows.111
139+(e) Any technical college system personnel may administer an opioid antagonist to any112
140+person who the technical college system personnel believes in good faith to be113
141+experiencing an opioid overdose:114
142+(1) While at a unit;115
143+(2) While at a technical college system sponsored activity;116
144+(3) While under the supervision of technical college system personnel; or117
145+(4) Before or after normal unit activities.118
146+H. B. 419
147+- 5 - 25 LC 46 1082
148+(f) Technical college system personnel shall be authorized to carry an opioid antagonist119
149+on his or her person while at a unit, at a technical college system sponsored activity, or on120
150+technical college system operated property.121
151+(g) Any technical college system personnel who in good faith administers or chooses not122
152+to administer an opioid antagonist pursuant to this Code section shall be immune from civil123
153+liability or professional discipline for any act or omission to act related to the124
154+administration of an opioid antagonist, except that such immunity shall not apply to an act125
155+of willful or wanton misconduct.126
156+(h) Neither civil liability nor professional discipline shall accrue to technical college127
157+system personnel and no civil liability shall accrue to the technical college system or any128
158+unit of such system due to the removal or misuse of an opioid antagonist or antagonists;129
159+provided, however, that immunity shall not apply to an act of willful or wanton130
160+misconduct.131
161+(i) Upon the administration of any opioid antagonist pursuant to this Code section, the unit132
162+shall immediately activate the emergency medical services system and notify the student's133
163+parent, guardian, or emergency contact or notify such other individual's emergency contact,134
164+if known.135
165+(j) The requirement for a unit to acquire and maintain a supply of opioid antagonists and136
166+opioid antagonist storage compartments described in this Code section shall be contingent137
167+upon such unit's receipt of sufficient funding from only community funding sources. Such138
168+funding sources may include grants, gifts, contracts, monetary donations, or loans."139
169+SECTION 3.140
170+All laws and parts of laws in conflict with this Act are repealed.141
171+H. B. 419
172+- 6 -