2015 -- H 5047 SUBSTITUTE A

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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) "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 medical assistance.

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

sponsored events or activities.

     (b) All public 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 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, 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, 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 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 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 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 middle schools, junior high schools, and high schools to maintain

opioid antagonists on the school premises for administration by school nurse-teachers, in an

emergency to pupils or staff suspected of having an opioid-related drug overdose. School

physicians would prepare standing orders for the procedures to be followed in dealing with a

suspected opioid overdose in a school setting. This act would also provide immunity to school

nurse-teachers for the administration of an opioid antagonist in a school setting.

     This act would take effect upon passage.

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