Bill Text For SB0085 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 5|SENATE BILL NO. 85                   By: McCortney of the Senate       |
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 6|                                         and                           |
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 7|                                         McEntire and Bush of the      |
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10|                        COMMITTEE SUBSTITUTE                           |
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11|       An Act relating to opiate antagonists; amending                 |
  |       Section 1, Chapter 322, O.S.L. 2013, as amended by              |
12|       Section 1, Chapter 36, O.S.L. 2017 (63 O.S. Supp.               |
  |       2018, Section 1-2506.1), which relates to                       |
13|       administration of opiate antagonists; modifying                 |
  |       personnel considered first responders; providing                |
14|       definitions; authorizing certain personnel to                   |
  |       administer opiate antagonist; providing for certain             |
15|       training; allowing administration to authorize any              |
  |       person to administer opiate antagonist under certain            |
16|       circumstances; providing certain legal protections;             |
  |       providing for codification; providing an effective              |
17|       date; and declaring an emergency.                               |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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21|    SECTION 1.     AMENDATORY     Section 1, Chapter 322, O.S.L.       |
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22|2013, as amended by Section 1, Chapter 36, O.S.L. 2017 (63 O.S.        |
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23|Supp. 2018, Section 1-2506.1), is amended to read as follows:          |
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arsid16399487 SB85 HFLR                                            Page 1
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 1|    Section 1-2506.1  A.  First responders shall have the authority    |
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 2|to administer, without prescription, opiate antagonists when           |
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 3|encountering an individual exhibiting signs of an opiate overdose.     |
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 4|For the purposes of this provision, a first responder shall include:   |
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 5|    1.  Law enforcement officials;                                     |
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 6|    2.  Emergency medical technicians;                                 |
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 7|    3.  Firefighters;                                                  |
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 8|    4.  Medical personnel at secondary schools including any public    |
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 9|or charter schools, technology center schools and institutions of      |
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10|higher education; and                                                  |
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11|    5.  Forensic laboratory personnel of the Oklahoma State Bureau     |
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12|of Investigation as designated by the Executive Director; and          |
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13|    6.  Certified alcohol and drug counselors and licensed alcohol     |
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14|and drug counselors.                                                   |
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15|    B.  As used in this section:                                       |
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16|    1.  "Medical personnel at schools" means a certified school        |
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17|nurse or any other nurse employed by or under contract with a          |
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18|school, any licensed practitioner of the healing arts, or any person   |
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19|designated by the school administration to administer an opiate        |
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20|antagonist in the event of a suspected overdose pursuant to Section    |
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21|2 of this act;                                                         |
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22|    2.  "Certified alcohol and drug counselor" means any person who    |
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23|is not exempt pursuant to the provisions of Section 1872 of Title 59   |
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24|of the Oklahoma Statutes and is not licensed under the Licensed        |
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arsid16399487 SB85 HFLR                                            Page 2
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 1|Alcohol and Drug Counselors Act, but who provides alcohol and drug     |
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 2|counseling services within the scope of practice while employed by     |
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 3|an entity certified by the Department of Mental Health and Substance   |
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 4|Abuse Services, or who is exempt from such certification, or who is    |
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 5|under the supervision of a person recognized by the Oklahoma Board     |
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 6|of Licensed Alcohol and Drug Counselors as a supervisor.  A            |
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 7|certified alcohol and drug counselor may provide counseling services   |
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 8|for co-occurring disorders if he or she has been certified by the      |
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 9|Board to provide counseling as provided in this section for            |
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10|co-occurring disorders; and                                            |
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11|    3.  "Licensed alcohol and drug counselor" means any person who     |
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12|provides alcohol and drug counseling services within the scope of      |
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13|practice, including co-occurring disorders, for compensation to any    |
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14|person and is licensed pursuant to the provisions of the Licensed      |
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15|Alcohol and Drug Counselors Act.  The term "licensed alcohol and       |
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16|drug counselor" shall not include those professions exempted by        |
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17|Section 1872 of Title 59 of the Oklahoma Statutes.                     |
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18|    C.  Any first responder administering an opiate antagonist in a    |
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19|manner consistent with addressing opiate overdose shall be covered     |
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20|under the Good Samaritan Act.                                          |
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21|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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22|in the Oklahoma Statutes as Section 1210.242 of Title 70, unless       |
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23|there is created a duplication in numbering, reads as follows:         |
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arsid16399487 SB85 HFLR                                            Page 3
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 1|    A.  Any school nurse, public health nurse, licensed practitioner   |
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 2|of the healing arts, nurse working under contract with a school        |
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 3|district or any person designated by the school administration to      |
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 4|administer an opiate antagonist in the event of a suspected overdose   |
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 5|is authorized to administer an opiate antagonist when encountering a   |
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 6|student or other individual exhibiting signs of an opiate overdose.    |
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 7|    B.  The administration of a public school may authorize one or     |
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 8|more persons employed by the school to receive training offered by     |
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 9|the Department of Mental Health and Substance Abuse Services, a law    |
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10|enforcement agency or any other entity in recognizing the signs of     |
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11|an opiate overdose and administering an opiate antagonist.  Persons    |
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12|designated to receive this training may include, but are not limited   |
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13|to, the certified and noncertified staff members required to receive   |
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14|annual training in cardiopulmonary resuscitation and the Heimlich      |
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15|maneuver under Section 1210.199 of Title 70 of the Oklahoma            |
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16|Statutes.  If in-person training is not readily available in the       |
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17|area, the person or persons designated under this provision may        |
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18|access opiate antagonist training materials available online through   |
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19|the State Department of Health or another entity.  Such training       |
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20|shall include information on how to spot symptoms of an overdose,      |
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21|instruction in basic resuscitation techniques, instruction on proper   |
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22|administration of an opiate antagonist and the importance of calling   |
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23|911 for help.                                                          |
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arsid16399487 SB85 HFLR                                            Page 4
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 1|    C.  In the absence of the person or persons specifically           |
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 2|designated and trained to administer an opiate antagonist under the    |
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 3|provisions of this section, the administration of a school may         |
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 4|authorize any person to administer an opiate antagonist to a student   |
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 5|or other individual exhibiting signs of an overdose.                   |
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 6|    D.  Any person administering an opiate antagonist to a student     |
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 7|or other individual at a school site or school-sponsored event in a    |
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 8|manner consistent with addressing opiate overdose shall be covered     |
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 9|under the Good Samaritan Act.  A school and any of its employees or    |
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10|designees shall be immune from civil liability in relation to the      |
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11|administration of an opiate antagonist in the event of a suspected     |
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12|overdose.                                                              |
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13|    SECTION 3.  This act shall become effective July 1, 2019.          |
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14|    SECTION 4.  It being immediately necessary for the preservation    |
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15|of the public peace, health or safety, an emergency is hereby          |
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16|declared to exist, by reason whereof this act shall take effect and    |
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17|be in full force from and after its passage and approval.              |
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19|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated     |
  |04/11/2019 - DO PASS, As Amended.                                      |
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arsid16399487 SB85 HFLR                                            Page 5
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