PRINTER'S NO. 565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
601
Session of
2023
INTRODUCED BY BOYLE, HOHENSTEIN, PROBST, KINSEY, SCHLOSSBERG,
KENYATTA, SANCHEZ, T. DAVIS, STRUZZI, HILL-EVANS, KRAJEWSKI,
CIRESI, FREEMAN AND N. NELSON, MARCH 21, 2023
REFERRED TO COMMITTEE ON HEALTH, MARCH 21, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in school health services, providing
for possession and use of opioid antagonists.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1426. Possession and Use of Opioid Antagonists.--(a)
Within sixty (60) days of the effective date of this section,
the department, in consultation with the Department of Health,
shall develop a policy requiring each school entity offering
grade nine, ten, eleven or twelve to provide and maintain onsite
opioid antagonists in each school facility.
(b) The policy developed under this section:
(1) Shall include procedures to follow when dealing with a
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suspected opioid overdose.
(2) May not require an individual to administer an opioid
antagonist.
(3) Shall provide the quantities and types of opioid
antagonists to be maintained by each school entity.
(c) To treat a case of suspected opioid overdose in a school
facility, a trained school nurse, teacher or other individual
considered qualified by the department may administer an opioid
antagonist during an emergency to a student or staff member
suspected of having an opioid-related drug overdose whether or
not there is a previous history of opioid abuse.
(d) A school nurse, teacher or other individual may receive
training in the administration of opioid antagonists provided by
the Department of Health.
(e) Opioid antagonists shall be maintained at each school
facility in a safe and secure location.
(f) When an opioid antagonist is administered to an
individual experiencing a drug overdose event at a school
facility, a school nurse, teacher or other individual considered
qualified by the department shall ensure that the individual is
transported to the nearest hospital emergency department for
medical care.
(g) The following shall apply regarding liability:
(1) A school nurse, teacher or individual who has completed
training as required by the department and who, acting in good
faith and with reasonable care, administers an opioid antagonist
to another individual who is believed to be suffering an opioid-
related drug overdose:
(i) Shall be immune from criminal prosecution, sanction
under professional licensing statute and civil liability for
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administering the opioid antagonist.
(ii) May not be subject to professional review for
administering the opioid antagonist.
(iii) May not be liable for civil damages for acts or
omissions resulting from administration of the opioid
antagonist.
(2) The receipt of the required training and the prompt
seeking of additional medical assistance shall create a
rebuttable presumption that the individual acted with reasonable
care in administering the opioid antagonist.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Department" means the Department of Education of the
Commonwealth.
"Drug overdose event" means an acute medical condition,
including severe physical illness, coma, mania, hysteria or
death, resulting from the consumption or use of one or more
controlled substances causing an adverse reaction. A patient's
condition shall be deemed to be a drug overdose if a prudent
person, possessing an average knowledge of medicine and health,
would reasonably believe that the condition is in fact a drug
overdose and requires immediate medical attention.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effects of opioids acting
on those receptors. The term includes naloxone hydrochloride,
also known as Narcan or naloxone.
"School entity" means a public school, including a charter
school or cyber charter school, private school, nonpublic
school, intermediate unit or area career and technical school
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operating within this Commonwealth.
Section 2. This act shall take effect in 60 days.
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