Senate Bill #409 (2019)

AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

Requires private/public schools provide/maintain opioid antagonists on-site including elementary schools.

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Changes since original draft

  • 2019 – S 0409
  • 2019 – S 0409 SUBSTITUTE A
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  • LC001399
  • LC001399/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO EDUCATION – HEALTH AND SAFETY OF PUPILS
  • Introduced By: Senators Lawson, Valverde, Murray, Euer, and Nesselbush
  • Date Introduced: February 27, 2019
  • Referred To: Senate Education
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 16-21-35 of the General Laws in Chapter 16-21 entitled "Health and Safety of Pupils" is hereby amended to read as follows:
  • 16-21-35.Opioid-relateddrug overdose– Use of opioid antagonists – Immunity for those administering.
  • (a) For the purposes of this section, the following terms shall have the following meanings:
  • (1) "Authorized school personnel" means a nurse-teacher, school administrator, teacher, or school resource officer (SRO) as defined in § 16-7.2-6(i) who is trained in the administration of opioid antagonists provided by the department of health.
  • (1)(2) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors, including naloxone hydrochloride, also known as Narcan or naloxone.
  • (2)(3) "Opioid-related drug overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medicalassistance.
  • (3)(4) "School setting" means circumstances occurring while at school or at school- sponsored events or activities.
  • (b) All public elementary, middle schools, junior high schools, and high schools, shall provide and maintain on-site in each schoolfacility opioid antagonists, as defined herein.
  • (c) To treat a case of suspected opioid overdose in a school setting, any trained nurse- teacher authorized school personnel may administer an opioid antagonist, during an emergency, to any student or staff suspected of having an opioid-related drug overdose whether or not there is a previous history of opioid abuse. School nurse-teachers may receive training in the administration of opioid antagonists provided by the department of health. Provided, school School physicians shall prepare standing orders for the procedures to be followed in dealing with a suspected opioid overdose in a school setting. Such standing orders shallnot require any school nurse-teacher authorized schoolpersonnel to administer an opioid antagonist.
  • (1) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors, including naloxone hydrochloride, also known as Narcan or naloxone.
  • (2) "Opioid-related drug overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medicalassistance.
  • (3) "School setting" means circumstances occurring while at school or at school- sponsored events or activities.
  • (b) All public and private elementary, middle schools, junior high schools, and high schools, shall provide and maintain on-site in each school facility opioid antagonists, as defined herein.
  • (c) To treat a case of suspected opioid overdose in a school setting, any trained nurse- teacher may administer an opioid antagonist, during an emergency, to any student or staff suspected of having an opioid-related drug overdose whether or not there is a previous history of opioid abuse. School nurse-teachers may receive training in the administration of opioid antagonists provided by the department of health. Provided, school School physicians shall prepare standing orders for the procedures to be followed in dealing with a suspected opioid overdose in a school setting. Such standing orders shall not require any school nurse-teacher to administer an opioid antagonist.
  • (d) Opioid antagonists shall be maintained in quantities and types deemed adequate by the department of elementary and secondary education and the department of health, which shall incorporate into their policies, rules, and regulations a procedure for addressing incidents of opioid-related drug overdose in order to provide for the health and safety of children. Any policy, rule, or regulation shall ensure that the opioid antagonist is kept in a conspicuous place, readily available, but with provisions made for the safekeeping and security of the opioid antagonist so that the security of the medication will not be compromised.
  • (e) No school nurse-teacher authorized school personnel shall be liable for civil damages that may result from acts or omissions relating to the use of the opioid antagonist that may constitute ordinary negligence; nor shall the authorized school personnel mentioned in this subsection be subject to criminal prosecution that may result from acts or omissions in the good faith administration of an opioid antagonist. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct.
  • (f) No school nurse-teacher authorized school personnel shall be subject to penalty or disciplinary action for refusing to be trained in the administration of an opioid antagonist.
  • (e) No school nurse-teacher shall be liable for civil damages that may result from acts or omissions relating to the use of the opioid antagonist that may constitute ordinary negligence; nor shall the school personnel mentioned in this subsection be subject to criminal prosecution that may result from acts or omissions in the good faith administration of an opioid antagonist. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct. Any school nurse-teacher or other school personnel using an opioid antagonist shall be protected from both civil and criminal liability pursuant to the provisions of chapter 28.9 of title 21 (the good samaritan overdose prevention act of 2016).
  • (f) No school nurse-teacher shall be subject to penalty or disciplinary action for refusing to be trained in the administration of an opioid antagonist.
  • SECTION 2. This act shalltake effect upon passage.
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  • LC001399
  • LC001399/SUB A
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  • LC001399 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • LC001399/SUB A - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO EDUCATION – HEALTH AND SAFETY OF PUPILS
  • ***
  • This act would increase the members of public school personnel to include all trained school administrators, teachers, or school resource officers (SRO) among those authorized to administer an opioid antagonist (e.g. Narcan) where there is an emergency drug overdose in a school setting. It would also provide that the law would apply to elementary as wellas middle and upper schools.
  • This act would take effect upon passage. ======== LC001399 ========
  • LC001399 - Page 3of 3
  • ***
  • This act would require private schools in addition to public schools to provide and maintain on-site in each school facility opioid antagonists (e.g. Narcan) and would also provide that the law would apply to elementary schools as wellas middle and upper schools.
  • This act would take effect upon passage. ======== LC001399/SUB A ========
  • LC001399/SUB A - Page 3of 3

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