20-2-776.5. Opioid antagonists; possession; administration; obligations; immunity from civil liability.

This Code section shall be known and may be cited as “Wesley’s Law.”#

As used in this Code section, the term “opioid antagonist” means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone, hydrochloride, or any other similarly acting drug that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose.#

No visitor or school personnel shall be prohibited from possessing an opioid antagonist on school property or at a school sponsored activity.#

All local school systems or public schools, including charter schools, shall acquire and maintain a supply of opioid antagonists in any secure location where an individual may have an opioid overdose; provided, however, that, if there occurs a shortage of opioid antagonists, the local school systems or public schools, including charter schools, shall make a reasonable effort to maintain a supply of opioid antagonists. Any such supply shall be maintained in accordance with the manufacturer’s instructions.#

Any school personnel may administer an opioid antagonist to any person who the school personnel believes in good faith to be experiencing an opioid overdose:#

1. (1)

   While in school;#

2. (2)

   While at a school sponsored activity;#

3. (3)

   While under the supervision of school personnel; or#

4. (4)

   Before or after normal school activities, such as while in a before-school or after-school program on school operated property.#

School personnel shall be authorized to carry an opioid antagonist on his or her person while in school, at a school sponsored activity, or on school operated property.#

Upon the administration of any opioid antagonist pursuant to this Code section, the local school system or public school, including charter schools, shall immediately activate the emergency medical services system and notify the student’s parent, guardian, or emergency contact or notify such other individual’s emergency contact, if known.#

Any school personnel who in good faith administers or chooses not to administer an opioid antagonist pursuant to this Code section shall be immune from civil liability or professional discipline for any act or omission related to the administration of an opioid antagonist, except that such immunity shall not apply to an act or omission of willful or wanton misconduct, recklessness, or gross negligence.#

A local school system or public school, including a charter school, shall be immune from civil liability for an act or omission related to the implementation of the provisions of this Code section, except that such immunity shall not apply to an act or omission of willful or wanton misconduct, recklessness, or gross negligence.#