House Bill 1174

AN ACT TO AUTHORIZE PUBLIC SCHOOLS TO PURCHASE A SUPPLY OR ENTER INTO AN ARRANGEMENT TO RECEIVE A SUPPLY OF THE OPIOID ANTAGONIST NALOXONE FOR A CERTAIN PURPOSE; TO REQUIRE THE SCHOOL DISTRICT TO ADOPT A PROTOCOL FOR THE ADMINISTRATION OF NALOXONE; TO EXEMPT THE SCHOOL DISTRICT AND CERTAIN OF ITS EMPLOYEES WHO PROVIDE THE PROTOCOL FROM LIABILITY FOR INJURIES RESULTING FROM THE ADMINISTRATION OF NALOXONE; TO PROVIDE EXCEPTIONS TO WHICH THE EXEMPTION FROM LIABILITY DOES NOT APPLY; PROVIDE AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A public school may purchase a supply of the opioid antagonist naloxone from a wholesale distributor as defined in Section 41-29-115 or may enter into an arrangement with a wholesale distributor or entity who manufactures as defined in Section 41-29-105 for naloxone at fair-market, free, or reduced prices for use in the event a student has an opioid overdose. The naloxone must be maintained in a secure location on the public school's premises. The participating school district shall adopt a protocol developed by a licensed physician for the administration of the drug by school personnel who are trained to recognize an opioid overdose and to administer naloxone.

(2) The school district and its employees and agents and the

physician who provides the standing protocol for school naloxone

are not liable for any injury arising from the use of the drug

if it is administered by trained school personnel who follow the

standing protocol and whose professional opinion is that the

student is having an opioid overdose:

(a) Unless the trained school personnel's action is willful and wanton;

(b) Notwithstanding that the parents or guardians of the student to whom the naloxone is administered have not been

provided notice or have not signed a statement acknowledging

that the school district is not liable; and

(c) Regardless of whether authorization has been given by the student's parents or guardians or by the student's physician, physician's assistant, or advanced practice registered nurse.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.