§ 49414.35. — 49414.35. (Added by Stats. 2024, Ch. 974, Sec. 1.)

California § 49414.35.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 9.: CHAPTER 9. Pupil and Personnel Health
• Art. 1.: ARTICLE 1. General Powers—School Boards

Text

(a)
Notwithstanding any other law or regulation, a local educational agency shall not prohibit a pupil 12 years of age or older, while on a schoolsite or participating in school activities, from carrying or administering, for the purposes of providing emergency treatment to persons who are suffering, or reasonably believed to be suffering, from an opioid overdose, naloxone hydrochloride or another opioid antagonist.
(b)
Notwithstanding any other law or regulation, a pupil 12 years of age or older of a local educational agency who administers naloxone hydrochloride or another opioid antagonist on a schoolsite or while participating in school activities, in good faith and not for compensation, to a person who appears to be experiencing an opioid
overdose shall not be liable in a civil action or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist, unless the pupil’s acts or omissions constitute gross negligence or willful and wanton misconduct connected to the administration of the naloxone hydrochloride or another opioid antagonist.
(c)
Notwithstanding any other law or regulation, a local educational agency, or an employee of a local educational agency, shall not be subject to professional review, liable in a civil action, or subject to criminal prosecution for a pupil’s acts or omissions in administering naloxone hydrochloride or another opioid antagonist, unless an act or omission of the local educational agency, or the employee of the local educational agency, constitutes gross negligence or willful and wanton misconduct connected to the administration of the naloxone hydrochloride or another opioid
antagonist.
(d)
For purposes of this section, the following definitions apply:
(1)
“Local educational agency” means a school district, county office of education, or charter school.
(2)
“Naloxone hydrochloride or another opioid antagonist” means either of the following:
(A)
A naloxone hydrochloride nasal spray that is federally approved for over-the-counter, nonprescription use.
(B)
Any other opioid overdose reversal medication that is federally approved for over-the-counter, nonprescription use.

Legislative History

Added by Stats. 2024, Ch. 974, Sec. 1. (AB 2998) Effective January 1, 2025.