Text of GA HB 1170 (2024)

24 LC 54 0349 House Bill 1170 By: Representatives Hawkins of the 27th, Mathiak of the 74th, Gaines of the 120th, Gambill of the 15th, and Kennard of the 101st A BILL TO BE ENTITLED AN ACT To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the 1 Department of Public Health, so as to require that certain state government buildings, 2 courthouses, and university buildings maintain and make accessible opioid antagonists; to 3 provide for definitions; to provide for the identification, development, and dissemination of 4 educational materials and for the development of a model policy for training individuals on 5 emergency opioid antagonist administration by the department; to provide that certain 6 government entities shall establish and implement an internal policy; to provide for 7 immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 9 SECTION 1. 10 Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department 11 of Public Health, is amended by adding a new Code section to read as follows: 12 "31-2A-20. 13 (a) As used in this Code section, the term: 14 (1) 'Automated external defibrillator' shall have the same meaning as set forth in Code 15 Section 31-11-53.1. 16 H. B. 1170 - 1 - 24 LC 54 0349 (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in 17 which judicial proceedings are held. 18 (3) 'Government entity' means any state board, commission, agency, or department or 19 any other form of state or local government, but such term shall not include local school 20 systems, public schools, or charter schools. 21 (4) 'Opioid antagonist' shall have the same meaning as set forth in Code Section 22 26-4-116.2. 23 (5) 'Opioid related overdose' shall have the same meaning as set forth in Code Section 24 26-4-116.2. 25 (6) 'Qualified government building' means a building in which a government entity is 26 housed or meets in its official capacity, including the portion occupied by a government 27 entity of any building that is not publicly owned, provided that such building contains an 28 automated external defibrillator. 29 (7) 'University building' means any building which forms a part of the University System 30 of Georgia, including any college or university under the government, control, and 31 management of the Board of Regents of the University System of Georgia, or any 32 building under the control of the State Board of the Technical College System of Georgia. 33 (b) The department shall consult with the Department of Behavioral Health and 34 Developmental Disabilities and may consult with any other medical, clinical, or peer 35 support professionals or organizations it deems appropriate to identify and develop 36 educational resources and guidelines on opioid related overdoses. The department shall 37 develop a model training and implementation policy for opioid antagonist administration. 38 All such educational resources and guidelines and the model training and implementation 39 policy shall be maintained in a prominent manner on the department's principal public 40 website. 41 (c) All qualified government buildings, courthouses, and university buildings shall: 42 (1) Maintain a supply of at least three unit doses of opioid antagonists; and 43 H. B. 1170 - 2 - 24 LC 54 0349 (2) Ensure that such supply of opioid antagonists is available and accessible during 44 regular business hours and outside of regular business hours for all government, 45 educational, and student sponsored events. 46 (d) A government entity may make opioid antagonists accessible during government entity 47 events that occur on property that is not publicly owned. 48 (e) No one employee, officer, agent, contractor, or other individual shall be solely 49 responsible for providing training pursuant to subsection (f) of this Code section for any 50 government entity. 51 (f)(1) Every government entity that is based in or operates out of a qualified government 52 building shall establish and implement an internal training and implementation policy for 53 opioid antagonist administration. Such policy may be based on the model training and 54 implementation policy developed by the department pursuant to subsection (b) of this 55 Code section. Each such government entity shall be authorized to receive and administer 56 grants, gifts, contracts, moneys, and donations for the purpose of implementing this Code 57 section. 58 (2) Each internal training and implementation policy provided for in paragraph (1) of this 59 subsection shall: 60 (A) Provide details about how an individual can access opioid antagonist 61 administration training; 62 (B) Specify the location or locations of the government entity's supply of opioid 63 antagonists; 64 (C) Contain an affirmative statement that any trained individual may administer an 65 opioid antagonist to any person whom the trained individual believes in good faith to 66 be experiencing an opioid related overdose; and 67 (D) Contain the following statement: 'Georgia law provides that any trained individual 68 shall be immune from civil liability or professional discipline for any good faith act or 69 H. B. 1170 - 3 - 24 LC 54 0349 omission to act in the emergency administration of an opioid antagonist to a person 70 believed to be having an opioid related overdose.' 71 (g) All employees, officers, agents, and contractors of government entities and all other 72 individuals who receive training pursuant to subsection (f) of this Code section shall be 73 immune from civil liability or professional discipline for any good faith act or omission to 74 act related to the emergency administration of an opioid antagonist pursuant to this Code 75 section. Good faith shall not include willful misconduct, gross negligence, or recklessness. 76 (h) Notwithstanding any law to the contrary, funds appropriated or otherwise made 77 available to a government entity may be used to comply with the requirements of this Code 78 section by such government entity." 79 SECTION 2. 80 All laws and parts of laws in conflict with this Act are repealed. 81 H. B. 1170 - 4 -