House Bill 1006
By: Representatives Hugley of the 141st, Williams of the 168th, and Kendrick of the 95th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the
Department of Public Health, so as to require the inclusion of an opioid antagonist in first aid
kits maintained at certain establishments; to provide for definitions; to authorize individuals
to possess opioid antagonists on certain premises; to authorize trained personnel to
administer opioid antagonists; to provide for immunity; to provide for related matters; to
provide for legislative findings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that:
(1) The spread of opioid use in our state has created a significant public health crisis;
(2) Far too many lives of Georgians have been harmed or even tragically cut short due to
the use of these drugs;
(3) Increasing the availability of opioid antagonists in our communities is one way to fight
this crisis and reduce the incidence of persons overdosing on opioids;
(4) During the 2023-2024 legislative session, this body passed legislation which requires
opioid antagonists, like Narcan, to be made available in schools and government buildings;
(5) Opioid use is likely higher in establishments like bars and restaurants than in our
schools and government buildings. Consequently, opioid antagonists need to be made
more available in such establishments;
(6) At present, the federal Occupational Safety and Health Administration requires that
adequate first aid supplies be available in workplaces, including bars and restaurants; and
(7) Opioid antagonists should be included within such supplies.
SECTION 2.
Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department
of Public Health, is amended by adding a new Code section to read as follows:
<ins>"31-2A-21.
(a) As used in this Code section, the term:
(1) 'Alcoholic beverages' means and includes all alcohol, distilled spirits, beer, malt
beverages, wine, and fortified wine.
(2) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the serving of food, if provided, is
only incidental to the consumption of those beverages. Such term includes, but is not
limited to, taverns, nightclubs, cocktail lounges, and cabarets. Such term also includes
an establishment operating as a restaurant or other type of business if such establishment
operates as a bar during some portion of its hours of operation.
(3) 'Bar employee' means an individual who is employed at a bar in consideration for
direct or indirect monetary wages or profit.
(4) 'Bar employer' means an individual or a business that employs one or more
individuals at a bar.
(5) 'Bar personnel' means bar employers and bar employees.
(6) 'First aid kit' means a portable collection of medical supplies and equipment designed
to provide immediate treatment during certain circumstances.
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<ins>(7) 'Individual' means a natural person.
(8) 'Opioid antagonist' shall have the same meaning as set forth in subsection (a) of Code
Section 26-4-116.2.
(9) 'Opioid related overdose' shall have the same meaning as set forth in subsection (a)
of Code Section 26-4-116.2.
(10) 'Restaurant' means an eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives
or offers for sale food to the public, guests, or employees, as well as kitchens and catering
facilities in which food is prepared on the premises for serving elsewhere.
(11) 'Restaurant employee' means an individual who is employed at a restaurant in
consideration for direct or indirect monetary wages or profit.
(12) 'Restaurant employer' means an individual or a business that employs one or more
individuals at a restaurant.
(13) 'Restaurant personnel' means restaurant employers and bar employees.
(b) No individual shall be prohibited from possessing an opioid antagonist on the premises
of a bar or restaurant.
(c) A bar employer or restaurant employer shall acquire and maintain a supply of at least
three doses of an opioid antagonist in a secure location on the premises of such bar or
restaurant. Such supply shall be maintained within at least one first aid kit and in
accordance with the manufacturer's instructions.
(d) A bar employer or restaurant employer shall establish and implement an internal
training and implementation policy for opioid antagonist administration by bar personnel
or restaurant personnel, respectively. Each internal training and implementation policy
shall:
(1) Specify the location or locations of the bar's or restaurant's supply of opioid
antagonists;
(2) Show individuals being trained how to administer such opioid antagonist;
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<ins>(3) Contain an affirmative statement that any trained individual may administer an opioid
antagonist to any person whom the trained individual believes in good faith to be
experiencing an opioid related overdose;
(4) Contain the following statement: 'Georgia law provides that any trained individual
shall be immune from civil liability or criminal prosecution for any good faith act or
omission to act in the emergency administration of an opioid antagonist to a person
believed to be having an opioid related overdose.'; and
(5) Include such other statements or requirements as may be determined to be necessary
by the department and promulgated through regulation.
(e) A bar employer or restaurant employer shall ensure that at least one member of the bar
personnel or restaurant personnel who received training pursuant to subsection (d) of this
Code section is on site when the bar or restaurant is open to the public.
(f) Bar personnel or restaurant personnel who receive training pursuant to subsection (d)
of this Code section shall be immune from civil liability and criminal prosecution for any
good faith act or omission to act in the emergency administration of an opioid antagonist.
Good faith shall not include willful misconduct, gross negligence, or recklessness."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.