CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5804
68TH LEGISLATURE
2024 REGULAR SESSION
Passed by the Senate March 4, 2024
  Yeas 49  Nays 0

President of the Senate
Passed by the House February 27, 2024
  Yeas 95  Nays 0

Speaker of the House of Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5804 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Secretary
Secretary
Approved
FILED
Secretary of State
State of Washington

SUBSTITUTE SENATE BILL 5804

AS AMENDED BY THE HOUSE
Passed Legislature - 2024 Regular Session
State of Washington
68th Legislature
2024 Regular Session
BySenate Early Learning & K-12 Education (originally sponsored by Senators Kuderer, Wellman, Dhingra, Frame, Hasegawa, Hunt, Liias, Lovelett, Nguyen, Nobles, Stanford, Valdez, and C. Wilson)
READ FIRST TIME 01/17/24.
AN ACT Relating to opioid overdose reversal medication in public schools; and amending RCW 28A.210.390 and 28A.210.395.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28A.210.390 and 2019 c 314 s 39 are each amended to read as follows:
(1) For the purposes of this section:
(a) (("High school" means a school enrolling students in any of grades nine through twelve;
(b))) "Opioid overdose reversal medication" has the meaning provided in RCW 69.41.095;
(((c)))(b) "Opioid-related overdose" has the meaning provided in RCW 69.41.095; and
(((d)))(c) "Standing order" has the meaning provided in RCW 69.41.095.
(2)(a) For the purpose of assisting a person at risk of experiencing an opioid-related overdose, a ((high))public school may obtain and maintain opioid overdose reversal medication through a standing order prescribed and dispensed in accordance with RCW 69.41.095.
(b) Opioid overdose reversal medication may be obtained from donation sources, but must be maintained and administered in a manner consistent with a standing order issued in accordance with RCW 69.41.095.
(c) A school district ((with two thousand or more students)) must obtain and maintain at least one set of opioid overdose reversal medication doses in each of its ((high))public schools as provided in (a) and (b) of this subsection. A school district that demonstrates a good faith effort to obtain the opioid overdose reversal medication through a donation source, but is unable to do so, is exempt from the requirement in this subsection (2)(c).
(3)(a) The following personnel may distribute or administer the school-owned opioid overdose reversal medication to respond to symptoms of an opioid-related overdose pursuant to a prescription or a standing order issued in accordance with RCW 69.41.095: (i) A school nurse; (ii) a health care professional or trained staff person located at a health care clinic on public school property or under contract with the school district; or (iii) designated trained school personnel.
(b) Opioid overdose reversal medication may be used on school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property. A school nurse or designated trained school personnel may carry an appropriate supply of school-owned opioid overdose reversal medication on field trips or sanctioned excursions.
(c) Public schools are encouraged to include opioid overdose reversal medication in each first aid kit maintained on school property and in any coach or sports first aid kits maintained by the public school, provided that these kits are not accessible to people other than school personnel who have been designated to distribute or administer opioid overdose reversal medication under this section.
(d) Public schools are encouraged to include at least one location of opioid overdose reversal medication on the school's emergency map.
(4) Training for school personnel who have been designated to distribute or administer opioid overdose reversal medication under this section must meet the requirements for training described in RCW 28A.210.395 and any rules or guidelines for such training adopted by the office of the superintendent of public instruction. Each ((high))public school is encouraged to designate and train at least one school personnel to distribute and administer opioid overdose reversal medication if the ((high))public school does not have a full-time school nurse or trained health care clinic staff.
(5)(a) The liability of a person or entity who complies with this section and RCW 69.41.095 is limited as described in RCW 69.41.095.
(b) If a student is injured or harmed due to the administration of opioid overdose reversal medication that a practitioner, as defined in RCW 69.41.095, has prescribed and a pharmacist has dispensed to a school under this section, the practitioner and pharmacist may not be held responsible for the injury unless he or she acted with conscious disregard for safety.
(6) This section governs school operation and management under RCW 28A.710.040 and 28A.715.020 and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW.
Sec. 2. RCW 28A.210.395 and 2019 c 314 s 40 are each amended to read as follows:
(1) For the purposes of this section:
(a) "Opioid overdose reversal medication" has the meaning provided in RCW 69.41.095; and
(b) "Opioid-related overdose" has the meaning provided in RCW 69.41.095.
(2)(a) To prevent opioid-related overdoses and respond to medical emergencies resulting from overdoses, by January 1, 2020, the office of the superintendent of public instruction, in consultation with the department of health and the Washington state school directors' association, shall develop opioid-related overdose policy guidelines and training requirements for public schools and school districts.
(b)(i) The opioid-related overdose policy guidelines and training requirements must include information about: The identification of opioid-related overdose symptoms; how to obtain and maintain opioid overdose reversal medication on school property issued through a standing order in accordance with RCW 28A.210.390; how to obtain opioid overdose reversal medication through donation sources; the distribution and administration of opioid overdose reversal medication by designated trained school personnel; free online training resources that meet the training requirements in this section; and sample standing orders for opioid overdose reversal medication.
(ii) The opioid-related overdose policy guidelines may: Include recommendations for the storage and labeling of opioid overdose reversal medications that are based on input from relevant health agencies or experts; and allow for opioid-related overdose reversal medications to be obtained, maintained, distributed, and administered by health care professionals and trained staff located at a health care clinic on public school property or under contract with the school district.
(c) In addition to being offered by the school, training on the distribution or administration of opioid overdose reversal medication that meets the requirements of this subsection (2) may be offered by nonprofit organizations, higher education institutions, and local public health organizations.
(3)(a) By ((March 1, 2020))September 1, 2024, the Washington state school directors' association must collaborate with the office of the superintendent of public instruction and the department of health to either update existing model policy or develop a new model policy that meets the requirements of subsection (2) of this section.
(b) ((Beginning with the 2020-21 school year, the following school))School districts must adopt an opioid-related overdose policy((: (a)[(i)] School districts with a school that obtains, maintains, distributes, or administers opioid overdose reversal medication under RCW 28A.210.390; and (b) [(ii)] school districts with two thousand or more students))in accordance with RCW 28A.210.390.
(c) The office of the superintendent of public instruction and the Washington state school directors' association must maintain the model policy and procedure on each agency's website at no cost to school districts.
(4) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall develop and administer a grant program to provide funding to public schools ((with any of grades nine through twelve)) and public higher education institutions to purchase opioid overdose reversal medication and train personnel on the administration of opioid overdose reversal medication to respond to symptoms of an opioid-related overdose. The office must publish on its website a list of annual grant recipients, including award amounts.
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