School Access to Naloxone Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3065 To amend the Public Health Service Act to provide funding for trained school personnel to administer drugs and devices for emergency treatment of known or suspected opioid overdose, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 2, 2023 Mr. PHILLIPS (for himself, Mr. JOYCE of Ohio, Mr. BACON, Ms. CRAIG, Mr. CRENSHAW, Mr. FITZPATRICK, Mr. GUEST, Ms. PETTERSEN, Ms. SHERRILL, Ms. SPANBERGER, Mr. TONKO, Mr. TRONE, and Ms. WILD) introduced the following bill; which was referred to the Committee on En- ergy and Commerce A BILL To amend the Public Health Service Act to provide funding for trained school personnel to administer drugs and devices for emergency treatment of known or suspected opioid overdose, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘School Access to 4 Naloxone Act of 2023’’. 5 VerDate Sep 11 2014 03:09 May 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3065.IH H3065 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3065 IH SEC. 2. GRANTS FOR REDUCING OPIOID OVERDOSE 1 DEATHS. 2 (a) USE OF FUNDS.—Section 544(c) of the Public 3 Health Service Act (42 U.S.C. 290dd–3(c)) is amended— 4 (1) in paragraph (1), by inserting ‘‘or admin- 5 istering’’ after ‘‘prescribing’’; and 6 (2) in paragraph (2), by inserting ‘‘or on the 7 administration of’’ after ‘‘prescribing of’’. 8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 9 544(g) of the Public Health Service Act (42 U.S.C. 10 290dd–3(g)) is amended by striking ‘‘to carry out this sec- 11 tion’’ and inserting ‘‘to carry out this section and section 12 544A’’. 13 SEC. 3. GRANTS FOR REDUCING OPIOID OVERDOSE 14 DEATHS IN ELEMENTARY AND SECONDARY 15 SCHOOLS. 16 Title V of the Public Health Service Act is amended 17 by inserting after section 544 of such Act (42 U.S.C. 18 290dd–3) the following: 19 ‘‘SEC. 544A. REDUCING OPIOID OVERDOSE DEATHS IN ELE- 20 MENTARY AND SECONDARY SCHOOLS. 21 ‘‘(a) IN GENERAL.—The Secretary may award grants 22 to eligible entities to provide for the administration, at 23 public and private elementary and secondary schools under 24 the jurisdiction of the eligible entity, of drugs and devices 25 VerDate Sep 11 2014 03:09 May 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3065.IH H3065 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3065 IH for emergency treatment of known or suspected opioid 1 overdose. 2 ‘‘(b) APPLICATIONS.—To seek a grant under this sec- 3 tion, an eligible entity shall submit to the Secretary an 4 application at such time, in such manner, and con- 5 taining— 6 ‘‘(1) the information required under section 7 544(b); 8 ‘‘(2) the certifications specified in subsection 9 (c); and 10 ‘‘(3) such other information as the Secretary 11 shall require. 12 ‘‘(c) CERTIFICATIONS.—The certifications specified 13 in this subsection, with respect to each elementary school 14 and secondary school in the eligible entity’s jurisdiction, 15 are the following: 16 ‘‘(1) The school has in place a program under 17 which the school will permit trained personnel of the 18 school to administer drugs or devices for purposes of 19 providing emergency treatment of known or sus- 20 pected opioid overdose. 21 ‘‘(2) The school will maintain a supply of such 22 drugs and devices in a location that is easily acces- 23 sible to trained personnel of the school for the pur- 24 pose of administering such drugs and devices. 25 VerDate Sep 11 2014 03:09 May 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3065.IH H3065 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3065 IH ‘‘(3) The school has in place a plan for having 1 on the premises of the school during all operating 2 hours one or more individuals who are such trained 3 personnel. 4 ‘‘(4) The State attorney general of the State in 5 which the school is located certifies that the State— 6 ‘‘(A) has reviewed any applicable civil li- 7 ability protection law to determine the applica- 8 tion of such law with regard to elementary and 9 secondary school trained personnel who may ad- 10 minister drugs and devices for emergency treat- 11 ment in the case of a known or suspected opioid 12 overdose; and 13 ‘‘(B) has concluded that such law provides 14 adequate civil liability protection applicable to 15 such trained personnel. 16 ‘‘(d) DEFINITIONS.—In this section: 17 ‘‘(1) The term ‘civil liability protection law’ 18 means a State law offering legal protection to indi- 19 viduals who give aid in an emergency to an indi- 20 vidual who is ill, in peril, or otherwise incapacitated. 21 ‘‘(2) The term ‘eligible entity’ has the meaning 22 given to such term in section 544. 23 VerDate Sep 11 2014 03:09 May 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3065.IH H3065 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3065 IH ‘‘(3) The term ‘trained personnel’ means, with 1 respect to an elementary or secondary school, an in- 2 dividual— 3 ‘‘(A) who is a school nurse or other indi- 4 vidual designated by the principal or other ap- 5 propriate administrative staff of the school to 6 administer drugs or devices for emergency 7 treatment in the case of a known or suspected 8 opioid overdose; 9 ‘‘(B) who has received training in the ad- 10 ministration of such drugs or devices; and 11 ‘‘(C) whose training in the administration 12 of such drugs or devices meets appropriate 13 medical standards and has been documented by 14 appropriate administrative staff of the school.’’. 15 Æ VerDate Sep 11 2014 03:09 May 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3065.IH H3065 pbinns on DSKJLVW7X2PROD with $$_JOB