Existing law authorizes school districts, county offices of education, and charter schools to provide emergency naloxone hydrochloride or another opioid antagonist, as defined, to school nurses or trained personnel who have volunteered, as provided. Existing law authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. Existing law authorizes each public and private elementary and secondary school in the state to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school, as provided.

This bill would require each public and elementary and secondary school in the state, including charter schools, to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its schoolsite at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would require school districts, county offices of education, and charter schools to report to the State Department of Education, on an annual basis at the end of every school year, all incidents of on-campus pupil opioid exposure during that school year. The bill would make other conforming changes. By imposing new duties on public schools, the bill would impose a state-mandated local program.

This bill would authorize a school district, county office of education, or charter school to permit pupils in grades 9 to 12, inclusive, to carry and administer prescription on their person, while on a schoolsite or participating in school activities, naloxone hydrochloride or another opioid antagonist while on a school campus or participating in school activities, upon obtaining written statements from (1) a physician, surgeon, or physician assistant, confirming that the pupil has met all the requirements necessary for obtaining the prescription and the pupil is able to administer the naloxone hydrochloride or another opioid antagonist, and (2) the pupil’s parent, foster parent, or guardian, consenting to the pupil’s administration of naloxone hydrochloride or another opioid antagonist, authorizing designated school personnel to consult with the pupil’s health care provider, and releasing the school district, county office of education, or charter school, and school personnel, from civil liability, as provided. that has received over-the-counter approval from the United States Food and Drug Administration. The bill would prohibit a pupil who is permitted to carry and administer prescription administers naloxone hydrochloride or another opioid antagonist and who administers naloxone hydrochloride or another opioid antagonist, on a schoolsite or while participating in school activities, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose from being liable in a civil action or subject to criminal prosecution. prosecution, unless the pupil’s acts or omissions constitute gross negligence or willful and wanton misconduct. The bill would also prohibit a school district, county office of education, or charter school that permits a pupil to carry and administer naloxone hydrochloride or another opioid antagonist, school, or an employee of the school district, county office of education, or charter school, from being liable in a civil action or subject to criminal prosecution or professional review for the a pupil’s acts or omissions in administering the naloxone hydrochloride or another opioid antagonist. antagonist, unless an act or omission of the school district, county office of education, or charter school, or an employee of the school district, county office of education, or charter school, constitutes gross negligence or willful and wanton misconduct.

Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, as defined, and private postsecondary educational institutions, as defined, as the segments of postsecondary education in the state.

Existing law requires the governing board of each community college district and the Trustees of the California State University to provide educational and preventive information about opioid overdose and the use and location of opioid overdose reversal medication to students, as provided. Existing law requires those governing boards to require that campus health centers apply to use the statewide standing order issued by the State Public Health Officer to distribute dosages of a federally approved opioid overdose reversal medication, and apply to participate in the Naloxone Distribution Project administered by the State Department of Health Care Services, as provided. Existing law requests the Regents of the University of California to comply with these requirements.

This bill would require every campus of the California Community Colleges, the California State University, the University of California, an independent institution of higher education, and a private postsecondary educational institution to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its campus at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

This bill would, among other things, authorize a community college to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses and trained personnel who have volunteered, as specified, and authorize school nurses and trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would require a qualified supervisor of health or administrator at a community college electing to use naloxone hydrochloride or another opioid antagonist for emergency medical aid to obtain the prescription for naloxone hydrochloride or another opioid antagonist from an authorizing physician and surgeon, as defined. The bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for any act in the issuing of a prescription or order, pursuant to these provisions, unless the act constitutes gross negligence or willful or malicious conduct. The bill would prohibit a person trained under these provisions who administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for this administration, unless their act or omission constitutes gross negligence or willful and wanton misconduct.

This bill would exempt from civil or criminal liability any person who, in good faith and not for compensation, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on a campus of the California State University, the University of California, an independent institution of higher education, or a private postsecondary educational institution, unless their act or omission constitutes gross negligence or willful and wanton misconduct.

Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone or another opioid antagonist to first responders and at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability any a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct. misconduct, as provided.

This bill would require each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would exempt from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. The bill would exempt from civil or criminal liability a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.