Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No. 1174

BY: Representative Bennett

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1.  (1)  A public school may purchase a supply of opioid reversal agents approved by the United States Food and Drug Administration (FDA), 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 FDA-approved opioid reversal agents at

fair-market, free or reduced prices for use in the event a student has an opioid overdose.  The FDA-approved opioid reversal agent 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 medication by school personnel who are trained to recognize an opioid overdose and to administer FDA-approved opioid reversal agents.

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

physician who provides the standing protocol for school opioid reversal agents approved by the FDA 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 FDA-approved opioid reversal agent 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.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

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