2019 -- S 0409 SUBSTITUTE A

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LC001399/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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 General Assembly as follows:

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     SECTION 1. Section 16-21-35 of the General Laws in Chapter 16-21 entitled "Health

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and Safety of Pupils" is hereby amended to read as follows:

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     16-21-35. Opioid-related drug overdose -- Use of opioid antagonists -- Immunity for

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those administering.

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     (a) For the purposes of this section, the following terms shall have the following

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meanings:

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     (1) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or

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disinhibits the effects of opioids acting on those receptors, including naloxone hydrochloride, also

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known as Narcan or naloxone.

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     (2) "Opioid-related drug overdose" means a condition including, but not limited to,

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extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death

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resulting from the consumption or use of an opioid or another substance with which an opioid

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was combined, or that a layperson would reasonably believe to be an opioid-related drug

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overdose that requires medical assistance.

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

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sponsored events or activities.

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     (b) All public and private elementary, middle schools, junior high schools, and high

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schools, shall provide and maintain on-site in each school facility opioid antagonists, as defined

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herein.

 

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     (c) To treat a case of suspected opioid overdose in a school setting, any trained nurse-

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teacher may administer an opioid antagonist, during an emergency, to any student or staff

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suspected of having an opioid-related drug overdose whether or not there is a previous history of

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opioid abuse. School nurse-teachers may receive training in the administration of opioid

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antagonists provided by the department of health. Provided, school School physicians shall

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prepare standing orders for the procedures to be followed in dealing with a suspected opioid

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overdose in a school setting. Such standing orders shall not require any school nurse-teacher to

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administer an opioid antagonist.

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     (d) Opioid antagonists shall be maintained in quantities and types deemed adequate by

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the department of elementary and secondary education and the department of health, which shall

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incorporate into their policies, rules, and regulations a procedure for addressing incidents of

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opioid-related drug overdose in order to provide for the health and safety of children. Any policy,

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rule, or regulation shall ensure that the opioid antagonist is kept in a conspicuous place, readily

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available, but with provisions made for the safekeeping and security of the opioid antagonist so

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that the security of the medication will not be compromised.

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     (e) No school nurse-teacher shall be liable for civil damages that may result from acts or

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omissions relating to the use of the opioid antagonist that may constitute ordinary negligence; nor

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shall the school personnel mentioned in this subsection be subject to criminal prosecution that

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may result from acts or omissions in the good faith administration of an opioid antagonist. This

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immunity does not apply to acts or omissions constituting gross negligence or willful or wanton

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conduct. Any school nurse-teacher or other school personnel using an opioid antagonist shall be

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protected from both civil and criminal liability pursuant to the provisions of chapter 28.9 of title

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21 (the good samaritan overdose prevention act of 2016).

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     (f) No school nurse-teacher shall be subject to penalty or disciplinary action for refusing

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to be trained in the administration of an opioid antagonist.

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     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 private schools in addition to public schools to provide and

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maintain on-site in each school facility opioid antagonists (e.g. Narcan) and would also provide

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that the law would apply to elementary schools as well as middle and upper schools.

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     This act would take effect upon passage.

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