HB1006: HB1006 Public Health, Department of; require inclusion of an opioid antagonist in first aid kits maintained at certain establishments

26 LC 46 1282 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 the1 Department of Public Health, so as to require the inclusion of an opioid antagonist in first aid2 kits maintained at certain establishments; to provide for definitions; to authorize individuals3 to possess opioid antagonists on certain premises; to authorize trained personnel to4 administer opioid antagonists; to provide for immunity; to prov ide for related matters; to5 provide for legislative findings; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 The General Assembly finds that:9 (1) The spread of opioid use in our state has created a significant public health crisis;10 (2) Far too many lives of Georgians have been harmed or even tragically cut short due to11 the use of these drugs;12 (3) Increasing the availability of opioid antagonists in our communities is one way to fight13 this crisis and reduce the incidence of persons overdosing on opioids;14 (4) During the 2023-2024 legislative session, this body passed legislation which requires15 opioid antagonists, like Narcan, to be made available in schools and government buildings;16 H. B. 1006 - 1 - 26 LC 46 1282 (5) Opioid use is likely higher in establishments like bars an d restaurants than in our17 schools and government buildings. Consequently, opioid antagon ists need to be made18 more available in such establishments;19 (6) At present, the federal Occupational Safety and Health Adm inistration requires that20 adequate first aid supplies be available in workplaces, including bars and restaurants; and21 (7) Opioid antagonists should be included within such supplies. 22 SECTION 2.23 Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department24 of Public Health, is amended by adding a new Code section to read as follows:25 "31-2A-21.26 (a) As used in this Code section, the term:27 (1) 'Alcoholic beverages' means and includes all alcohol, dist illed spirits, beer, malt28 beverages, wine, and fortified wine.29 (2) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for30 consumption by guests on the premises and in which the serving of food, if provided, is31 only incidental to the consumption of those beverages. Such te rm includes, but is not32 limited to, taverns, nightclubs, cocktail lounges, and cabarets. Such term also includes33 an establishment operating as a restaurant or other type of business if such establishment34 operates as a bar during some portion of its hours of operation.35 (3) 'Bar employee' means an individual who is employed at a ba r in consideration for36 direct or indirect monetary wages or profit.37 (4) 'Bar employer' means an individual or a business that empl oys one or more38 individuals at a bar.39 (5) 'Bar personnel' means bar employers and bar employees.40 (6) 'First aid kit' means a portable collection of medical supplies and equipment designed41 to provide immediate treatment during certain circumstances.42 H. B. 1006 - 2 - 26 LC 46 1282 (7) 'Individual' means a natural person.43 (8) 'Opioid antagonist' shall have the same meaning as set forth in subsection (a) of Code44 Section 26-4-116.2.45 (9) 'Opioid related overdose' shall have the same meaning as set forth in subsection (a)46 of Code Section 26-4-116.2.47 (10) 'Restaurant' means an eating establishment, including, bu t not limited to, coffee48 shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives49 or offers for sale food to the public, guests, or employees, as well as kitchens and catering50 facilities in which food is prepared on the premises for serving elsewhere.51 (11) 'Restaurant employee' means an individual who is employed at a restaurant in52 consideration for direct or indirect monetary wages or profit.53 (12) 'Restaurant employer' means an individual or a business that employs one or more54 individuals at a restaurant.55 (13) 'Restaurant personnel' means restaurant employers and bar employees.56 (b) No individual shall be prohibited from possessing an opioid antagonist on the premises57 of a bar or restaurant.58 (c) A bar employer or restaurant employer shall acquire and maintain a supply of at least59 three doses of an opioid antagonist in a secure location on the premises of such bar or60 restaurant. Such supply shall be maintained within at least one first aid kit and in61 accordance with the manufacturer's instructions.62 (d) A bar employer or restaurant employer shall establish and implement an internal63 training and implementation policy for opioid antagonist administration by bar personnel64 or restaurant personnel, respectively. Each internal training and implementation policy65 shall:66 (1) Specify the location or locations of the bar's or restaura nt's supply of opioid67 antagonists;68 (2) Show individuals being trained how to administer such opioid antagonist;69 H. B. 1006 - 3 - 26 LC 46 1282 (3) Contain an affirmative statement that any trained individual may administer an opioid70 antagonist to any person whom the trained individual believes i n good faith to be71 experiencing an opioid related overdose;72 (4) Contain the following statement: 'Georgia law provides that any trained individual73 shall be immune from civil liability or criminal prosecution fo r any good faith act or74 omission to act in the emergency administration of an opioid an tagonist to a person75 believed to be having an opioid related overdose.'; and76 (5) Include such other statements or requirements as may be determined to be necessary77 by the department and promulgated through regulation.78 (e) A bar employer or restaurant employer shall ensure that at least one member of the bar79 personnel or restaurant personnel who received training pursuant to subsection (d) of this80 Code section is on site when the bar or restaurant is open to the public.81 (f) Bar personnel or restaurant personnel who receive training pursuant to subsection (d)82 of this Code section shall be immune from civil liability and criminal prosecution for any83 good faith act or omission to act in the emergency administration of an opioid antagonist.84 Good faith shall not include willful misconduct, gross negligence, or recklessness."85 SECTION 3.86 All laws and parts of laws in conflict with this Act are repealed.87 H. 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