Colorado § 22-1-119.1 - Policy for employee and agent possession and administration of opioid antagonists - definitions.

§ 22-1-119.1. Policy for employee and agent possession and administration of opioid antagonists - definitions.

(1) A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school may adopt and implement a policy whereby:

(a) A school under its jurisdiction may acquire and maintain a stock supply of opioid antagonists on school grounds; on a school bus operated by a district school, a school district, the charter school institute, an institute charter school, or a nonpublic school; or both. In addition to acquiring and maintaining a stock supply of opioid antagonists, the school may maintain an opioid antagonist in an automated external defibrillator or defibrillator cabinet in the school or on a school bus.

(b) An employee or agent of the school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, or both, may administer an opioid antagonist on school grounds or a school bus to assist an individual whom the employee or agent believes to be suffering from an opioid-related drug overdose event or is at risk of experiencing an opioid-related drug overdose event. A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school that adopts and implements a policy pursuant to this subsection (1)(b) is encouraged to provide training to its employees or agents, including risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.

(c) An employee or agent of the school may furnish opioid antagonists on school grounds or on a school bus to an individual, including a student.

(2) An employee or agent of a school; or an employee or agent of the school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus; or both, acting in accordance with a policy adopted pursuant to this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.

(3) As used in this section:

(a) "Opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d).

(b) "Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that:

(I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;

(II) A layperson would reasonably believe to be caused by an opioid-related drug overdose event; and

(III) Requires medical assistance.

(4) The general assembly encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to adopt and implement a policy for an employee or agent of the school to furnish an opioid antagonist on school grounds or on a school bus to an individual, including a student. In developing the policy, the general assembly also encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to consider parent and student input; include education and training to parents and students regarding opioid antagonists, non-laboratory opioid detection tests, or non-laboratory additive detection tests; consider recommendations to students of a certain age or grade level for whom the policy applies; and collaborate with groups that have developed opioid education and awareness campaigns to enhance the policy.

(5) A school district, a district school, a district charter school, the state charter school institute, an institute charter school, or a nonpublic school may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section, including acquiring and maintaining a stock supply of opioid antagonists pursuant to subsection (1)(a) of this section, providing training to employees or agents to be eligible to administer an opioid antagonist pursuant to subsection (1)(b) of this section, and providing training to students.

Source: L. 2019: Entire section added, (SB 19-227), ch. 273, p. 2575, § 1, effective May 23. L. 2024: (1), (3)(a), IP(3)(b), and (3)(b)(II) amended, (HB 24-1037), ch. 458, p. 3170, § 19, effective June 6; (1)(a), (1)(b), and (2) amended and (1)(c) and (4) added, (HB 24-1003), ch. 121, p. 394, § 2, effective August 7. L. 2025: (1) amended, (SB 25-164), ch. 168, p. 681, § 3, effective August 6; (1)(c) and (4) amended, (SB 25-300), ch. 428, p. 2446, § 20, effective August 6; (1)(c) and (4) amended and (5) added, (HB 25-1293), ch. 282, p. 1462, § 2, effective August 6.

Editor's note: (1) Amendments to subsections (1)(a) and (1)(b) by HB 24-1003 and HB 24-1037 were harmonized.

(2) Amendments to subsection (1)(c) by SB 25-164 were superseded by HB 25-1293.

(3) Amendments to subsection (1)(c) by SB 25-300 were harmonized in part with and superseded in part by HB 25-1293.

(4) Amendments to subsection (4) by SB 25-300 and HB 25-1293 were harmonized.

Cross references: For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024.