Bill Text: CA SB997 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Pupil health: opioid antagonists and fentanyl test strips.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State. Chapter 872, Statutes of 2024. [SB997 Detail]

Download: California-2023-SB997-Amended.html

---

Amended  IN  Assembly  June 17, 2024

Amended  IN  Senate  April 08, 2024

Amended  IN  Senate  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 997

---

Introduced by Senator Portantino
(Coauthors: Senators Ochoa Bogh, Rubio, and Wilk)
(Coauthors: Assembly Members Alanis, Arambula, Davies, Dixon, Grayson, Hoover, Lackey, Low, Ortega, Pacheco, Joe Patterson, Blanca Rubio, Sanchez, Schiavo, and Weber)

January 31, 2024

---

An act to add Sections 49414.6 and 49414.9 to the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL'S DIGEST

SB 997, as amended, Portantino. Pupil health: opioid antagonists and fentanyl test strips.

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. 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 or trained personnel who have volunteered, and authorizes school nurses or 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, as provided.

This bill would authorize school districts, county offices of education, and charter schools to develop and adopt a policy that allows pupils in middle schools, junior high schools, high schools, and adult schools to carry a federally approved naloxone hydrochloride nasal product or any other federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would, for those local educational agencies that choose to develop and adopt a policy, to include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved naloxone hydrochloride nasal product or other federally approved opioid antagonist. The bill would require public middle schools, junior high schools, high schools, and adult schools that are operated by a local educational agency to (1) stock and distribute fentanyl test strips, as provided, (2) notify pupils about the presence and location of fentanyl test strips, as provided, and (3) allow pupils to carry fentanyl test strips, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

---

Bill Text

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

SECTION 1.

 Section 49414.6 is added to the Education Code, to read:

49414.6.

 (a) Local educational agencies may develop and adopt a policy that allows pupils in middle schools, junior high schools, high schools, and adult schools to carry a federally approved naloxone hydrochloride nasal product or any other federally approved opioid antagonist for over-the-counter, nonprescription over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.

(b) Local educational agencies that develop and adopt a policy pursuant to subdivision (a) shall include, at a minimum, a requirement that a pupil has received instruction in the administration of the federally approved naloxone hydrochloride nasal product or other federally approved opioid antagonist.

(c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SEC. 2.

 Section 49414.9 is added to the Education Code, to read:

49414.9.

 (a) Middle schools, junior high schools, high schools, and adult schools operated by a local educational agency shall do all of the following:

(1) Stock fentanyl test strips in a secured location and distribute the fentanyl test strips to pupils as needed. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips.

(2) Notify pupils of the presence and location of fentanyl test strips. strips at least once per school year using existing means of communication.

(3) Allow pupils to carry fentanyl test strips on the pupil’s person or in the pupil’s personal property.

(b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.