Opioid overdose reversal medication: school resource officers., the official text

An act to add Section 49414.37 to the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL'S DIGEST

Existing law authorizes a school district, county office of education, and charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses and trained personnel who have volunteered, and authorizes 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.
This bill, to be known as the School Safety and Opioid Overdose Prevention Act, and commencing with the 2027–28 school year, would require a school resource officer, as defined, to (1) upon assignment to a schoolsite, and at least every 2 years thereafter, complete an opioid overdose recognition and response training, as specified, and (2) report, on or before July 1, 2028, and annually thereafter until July 1, 2030, to the State Department of Public Health, among other things, the number of times the school resource officer administered an opioid antagonist while serving at a schoolsite. The bill would prohibit a school resource officer who administers an opioid antagonist while assigned to a schoolsite, and their employing or contracting entity, from being held liable in a civil action or being subject to criminal prosecution for the school resource officer’s acts or omissions, unless those acts or omissions constitute gross negligence or willful and wanton misconduct, as provided.
The bill would require the State Department of Health Care Services, in consultation with the State Department of Education and the commission, to provide implementation guidance to local educational agencies and law enforcement agencies on accessing opioid antagonists at low or no cost and integrating overdose response into school safety planning. The bill would require the State Department of Public Health, on or before July 1, 2031, to submit a report to the Legislature with the information annually reported by school resource officers, and incorporate the information into a specified statewide dashboard, as provided.

The people of the State of California do enact as follows:

SECTION 1.
This act shall be known, and may be cited, as the School Safety and Opioid Overdose Prevention Act.

SEC. 2.
Section 49414.37 is added to the Education Code, to read:
49414.37.
(a) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, county office of education, or charter school serving pupils in kindergarten or any of grades 1 to 12, inclusive.
(2) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose.
(3) “School resource officer” means an individual who is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and who is employed by, or contracts with, a local educational agency, city, county, or other law enforcement agency to act in a school assignment.
(4) “Schoolsite” means an individual school campus of a local educational agency or an area where a school-sponsored activity of a local educational agency is currently being held.
(b) (1) (A) Notwithstanding any other law and commencing with the 2027–28 school year, a school resource officer, upon assignment to a schoolsite, and at least every two years thereafter, shall complete opioid overdose recognition and response training that is approved by the Commission on Peace Officer Standards and Training (POST), the State Department of Health Care Services, or the Board of State and Community Corrections (BSCC). The training may be integrated into existing continuing professional training requirements for POST or BSCC standards and training for corrections to minimize administrative burden and ensure consistency across agencies.
(B) Training completed by a school resource officer pursuant to subparagraph (A) shall also fulfill the training requirements of subdivision (d) of Section 49414.3.
(2) Pursuant to Section 49414.3, a school resource officer may volunteer to administer an opioid antagonist to a person who appears to be experiencing an opioid overdose.
(c) Notwithstanding any other law, a school resource officer, while assigned to a schoolsite, who administers an opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose constitutes the rendering of emergency care. The school resource officer, or the entity employing or contracting with the school resource officer, shall not be liable in a civil action or be subject to criminal prosecution for the school resource officer’s acts or omissions in administering the opioid antagonist, unless an act or omission of the school resource officer constitutes gross negligence or willful or wanton misconduct connected to the administration of the opioid antagonist.
(d) The State Department of Health Care Services, in consultation with the department and POST, shall provide implementation guidance to local educational agencies and law enforcement agencies on accessing opioid antagonists at low or no cost and integrating overdose response into school safety planning.
(e) (1) A school resource officer shall report, on or before July 1, 2028, and annually thereafter until July 1, 2030, to the State Department of Public Health, in a form and manner prescribed by the State Department of Public Health, the number of units of opioid antagonists received, the number of times the school resource officer administered an opioid antagonist while serving at a schoolsite, and the number of times the school resource officer needed an opioid antagonist but did not have one available.
(2) The State Department of Public Health shall incorporate the data reported pursuant to paragraph (1) into the statewide opioid overdose surveillance dashboard maintained by the State Department of Public Health, or its successor statewide opioid surveillance platform, to ensure the data is publicly accessible and integrated with statewide opioid overdose surveillance efforts.
(f) (1) On or before July 1, 2031, the State Department of Public Health shall submit a report to the Legislature in compliance with Section 9795 of the Government Code with the information collected pursuant to paragraph (1) of subdivision (e).
(2) Pursuant to Section 10231.5 of the Government Code, this subdivision is inoperative on January 1, 2035.
(g) This section may be implemented using existing state and local resources, including, but not limited to, the Naloxone Distribution Project administered by the State Department of Health Care Services, opioid settlement funds, federal grants, and private or philanthropic donations to procure opioid antagonists and support opioid overdose recognition and response training.