PRINTER'S NO. 1149
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
886
Session of
2017
INTRODUCED BY HUGHES, FONTANA, COSTA, VULAKOVICH, BREWSTER,
RAFFERTY, RESCHENTHALER, LEACH, STEFANO, TARTAGLIONE, BOSCOLA
AND KILLION, SEPTEMBER 11, 2017
REFERRED TO EDUCATION, SEPTEMBER 11, 2017
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," providing for emergency treatment of
drug overdoses in schools.
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 an
article to read:
ARTICLE XIV-B
EMERGENCY TREATMENT OF DRUG OVERDOSES IN SCHOOLS
Section 1401-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"College." The term shall have the same meaning as the term
"institution of higher education" as defined in section 302 of
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the act of November 29, 2004 (P.L.1383, No.180), known as the
Uniform Crime Reporting Act.
"Department." The Department of Education of the
Commonwealth.
"Drug overdose event." An acute medical condition,
including, but not limited to, 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." A drug that binds to opioid receptors
and blocks or disinhibits the effects of opioids acting on those
receptors. The term includes, but is not limited to, naloxone
hydrochloride, also known as Narcan or naloxone.
"School entity." A public school, including a charter school
or cyber charter school, private school, nonpublic school,
intermediate unit or area vocational-technical school, operating
within this Commonwealth.
Section 1402-B. School access to emergency opioid antagonists.
(a) Administration of opioid antagonists.--In accordance
with a written policy approved by the department under section
1404-B, a college or school entity may obtain a prescription for
and store opioid antagonists to administer in the event of a
drug overdose on campus or onsite.
(b) Authorization.--A college or school entity may authorize
an employee to administer an opioid antagonist which meets the
prescription on file for the college or school entity to:
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(1) a student that the employee in good faith believes
to be experiencing a drug overdose; or
(2) another employee or other individual located on
campus or onsite that the employee in good faith believes to
be experiencing a drug overdose.
(c) Health care professionals.--Notwithstanding section 11
of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
other laws of this Commonwealth, a health care professional
authorized to prescribe opioid antagonists may prescribe,
dispense or distribute opioid antagonists directly in the name
of the college or school entity for storage and administration
in accordance with this article.
Section 1403-B. Storage and administration of emergency opioid
antagonists.
(a) Storage.--In accordance with a written policy approved
by the department under section 1404-B, a college or school
entity may maintain a supply of opioid antagonists in a safe and
secure location on campus or onsite.
(b) Designated employees.-- A college or school entity which
elects to obtain a prescription for and store opioid antagonists
to administer in the event of a drug overdose on campus or
onsite under this article shall designate an employee who shall
be responsible for the storage and administration of opioid
antagonists. The employee designated under this subsection must
successfully complete the training program under section 1404-B
within 90 days of the effective date of this section.
(c) Emergency services.--In the event that a student,
employee or other individual is believed to be experiencing a
drug overdose on the campus or site of a college or school
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entity, the school nurse or designated employee under subsection
(b) shall contact 911 immediately. The school nurse or
designated employee under subsection (b) shall ensure that the
individual is transported to the nearest hospital emergency
department for medical care.
(d) Applicability.--The provisions of the act of September
27, 1961 (P.L.1700, No.699), known as the Pharmacy Act, shall
not apply to any of the following:
(1) Employees responsible for the storage and
administration of opioid antagonists under subsection (b) if
the storage and administration of the opioid antagonists is
done in accordance with the directions from a health care
professional that prescribed, dispensed or distributed the
opioid antagonist.
(2) A person or organization acting in accordance with
this article at the direction of a health care professional
authorized to prescribe an opioid antagonist without
additional charge or compensation.
Section 1404-B. Written opioid antagonists policy.
(a) Written policy.--A college or school entity which elects
to obtain a prescription for and store opioid antagonists for
administration in the event of a drug overdose on campus under
this article shall develop a written policy for storing and
administering opioid antagonists, including the employees who
are authorized to store and administer opioid antagonists. The
written policy shall be approved by the governing body of the
college or school entity.
(b) Department approval.--Before obtaining, storing or
administering opioid antagonists under this article, a college
or school entity shall submit the written policy developed under
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subsection (a) to the department. The department shall have 60
days to approve or disapprove the written policy submitted by
the college or school entity. If the written policy has not been
approved or disapproved by the department within 60 days, the
written policy shall be deemed approved.
(c) Guidelines.--Within 60 days of the effective date of
this section, the department, in consultation with the
Department of Health, shall develop guidelines for a school
entity which educates students in grade levels nine, ten, eleven
or twelve to store and administer opioid antagonists on the
school facility's campus. The guidelines developed under this
subsection:
(1) shall include procedures when dealing with a
suspected opioid overdose;
(2) may not require an employee to administer an opioid
antagonist; and
(3) shall provide the quantities and types of opioid
antagonists which may be stored by a school entity.
Section 1405-B. Opioid antagonists training program .
The department shall, in consultation with the Department of
Health, develop a training program for employees of colleges and
school entities on the proper storage and administration
techniques for opioid antagonists. An employee must complete the
department-approved training program before storing or
administering opioid antagonists under this article.
Section 1406-B. Civil immunity.
The provisions of 42 Pa.C.S. ยงยง 8332 (relating to emergency
response provider and bystander good Samaritan civil immunity),
8337 (relating to civil immunity of school officers or employees
relating to drug or alcohol abuse) and 8337.1 (relating to civil
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immunity of school officers or employees relating to emergency
care, first aid and rescue) shall apply to an employee who
administers an opioid antagonist in accordance with this
article.
Section 2. This act shall take effect in 30 days.
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