2015 -- H 5047

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LC000177

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Bennett, Diaz, Hull, Shekarchi, and Handy

     Date Introduced: January 08, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

     16-21-35. Opioid-related drug 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) "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) "Opiod-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 medical assistance.

     (3) "School setting" means circumstances occurring while at school or at school-

sponsored events or activities.

     (b) All public schools educating any pupil in grades six (6) through twelve (12) 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 school

employee shall 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. Teachers and other school administration and personnel shall receive training in the

administration of opioid antagonists which shall be conducted by a school nurse teacher.

     (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 who 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 and that its proper use is made known to school personnel.

     (e) No school teacher, school nurse teacher, school administrator, or other school

personnel shall be liable for civil damages which may result from acts or omissions relating to the

use of the opioid antagonist which may constitute ordinary negligence; nor shall the school

personnel mentioned in this subsection be subject to criminal prosecution which 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 teacher, school nurse teacher, school administrator or other school

personnel shall be subject to penalty or disciplinary action for refusing to be trained in the

administration of opioid antagonist.

     (g) The administration of and training of school personnel to administer opioid antagonist

in accordance with this section shall not be considered the practice of nursing or the delegation of

nursing practice.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

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     This act would require schools educating pupils in grades six (6) through twelve (12) to

maintain opioid antagonists on the school premises for administration in an emergency to pupils

suspected of having an opioid-related drug overdose by school personnel. This act would also

provide immunity to school personnel for the administration of an opioid antagonist in a school

setting.

     This act would take effect upon passage.

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