S3678

An Act concerning the emergency administration of opioid antidotes at institutions of higher education and supplementing chapter 61D of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Institution of higher education” means a public or independent institution of higher education.

“Licensed campus medical professional” means a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey and is employed or engaged by an institution of higher education.

“Opioid antidote” means any drug, regardless of dosage amount or method of administration, which has been approved by the United States Food and Drug Administration (FDA) for the treatment of an opioid overdose. "Opioid antidote" includes, but is not limited to, naloxone hydrochloride, in any dosage amount, which is administered through nasal spray or any other FDA-approved means or methods.

“Opioid overdose” means an acute condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid drug or another substance with which an opioid drug was combined, and that a layperson would reasonably believe to require medical assistance.

“Secretary” means the Secretary of Higher Education.

“Trained designee” means an employee of an institution of higher education who has received training on the administration of opioid antidotes under the provisions of this act.

2. a. An institution of higher education shall obtain a supply of opioid antidotes pursuant to a standing order under section 4 of the “Overdose Prevention Act,” P.L.2013, c.46 (C.24:6J-4), or section 1 of P.L.2017, c.88 (C.45:14-67.2), to be maintained in one or more secure and easily accessible locations at the institution for the purpose of responding to an opioid overdose emergency. Opioid antidotes shall be maintained by the institution in quantities and types deemed adequate by the governing board of the institution, in consultation with the secretary and the Department of Human Services.

b. An institution of higher education shall develop a policy, in accordance with guidelines established by the secretary pursuant to section 3 of this act, for the emergency administration of an opioid antidote to a student, staff member, or other person who is experiencing an opioid overdose. The policy shall:

(1) designate a licensed campus medical professional to oversee the institution’s program for the maintenance and emergency administration of opioid antidotes;

(2) permit a licensed campus medical professional and trained employees designated pursuant to subsection c. of this section to administer an opioid antidote to any person whom the licensed campus medical professional or trained employee in good faith believes is experiencing an opioid overdose; and

(3) require the transportation of an overdose victim to a hospital emergency room by emergency services personnel after the administration of an opioid antidote, even if the person’s symptoms appear to have resolved.

c. A licensed campus medical professional shall have the primary responsibility for the emergency administration of an opioid antidote in accordance with a policy developed under this section. The governing board of an institution of higher education shall designate additional employees of the institution who volunteer to administer an opioid antidote in the event that a person experiences an opioid overdose when a licensed campus medical professional is not physically present at the scene. The designated employees shall only be authorized to administer opioid antidotes after receiving the training required under subsection b. of section 3 of this act.

3. a. The secretary, in consultation with the Department of Human Services and appropriate medical experts, shall establish guidelines for the development of a policy by an institution of higher education for the emergency administration of opioid antidotes. Each institution of higher education shall implement the guidelines in developing a policy pursuant to section 2 of this act.

b. The guidelines shall include a requirement that a licensed campus medical professional and each employee designated pursuant to subsection c. of section 2 of this act receive training on standardized protocols for the administration of an opioid antidote to a person who experiences an opioid overdose. The training shall include the overdose prevention information described in subsection a. of section 5 of the "Overdose Prevention Act," P.L.2013, c.46 (C.24:6J-5). The guidelines shall specify an appropriate entity or entities to provide the training.

4. An employee of an institution of higher education, including a licensed campus medical professional, trained designee, or any other officer or agent of an institution of higher education, pharmacist, or a prescriber of opioid antidotes for an institution of higher education through a standing order, shall not be held liable for any good faith act or omission consistent with the provisions of this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

5. This act shall take effect on the first day of the fourth month next following the date of enactment, except the Secretary of Higher Education may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires public and independent institutions of higher education in New Jersey to obtain a supply of opioid antidotes to be maintained in one or more secure and easily accessible locations at the institution. The bill requires the institutions to develop a policy for the emergency administration of an opioid antidote to a student, staff member, or other person who is experiencing an opioid overdose. The policies must: (1) designate a licensed campus medical professional to oversee the institution’s program for the maintenance and emergency administration of opioid antidotes; (2) permit a licensed campus medical professional and other designated trained employees of the institution to administer an opioid antidote to any person whom the licensed campus medical professional or trained employee in good faith believes is experiencing an opioid overdose; and (3) require the transportation of an overdose victim to a hospital emergency room by emergency services personnel after the administration of an opioid antidote.

Under an institution’s policy, a licensed campus medical professional will have the primary responsibility for the emergency administration of an opioid antidote. The governing board of an institution of higher education will designate additional employees of the institution who volunteer to administer an opioid antidote in the event that a person experiences an opioid overdose when a licensed campus medical professional is not physically present at the scene. The licensed campus medical professionals and designated employees are required to receive training on standardized protocols for the administration of an opioid antidote to a person who experiences an opioid overdose. The training will include the overdose prevention information set forth in the State’s "Overdose Prevention Act.”

The bill directs the Secretary of Higher Education, in consultation with the Department of Human Services and appropriate medical experts, to establish guidelines for institutions of higher education in developing their policies for the administration of opioid antidotes, including guidelines concerning the training requirements for licensed campus medical professionals and designated employees. Institutions of higher education will be required to implement the guidelines in developing their policies. The bill provides immunity from liability for licensed campus
medical professionals, trained designees, and other employees or agents of an institution of higher education, and for pharmacists and prescribers of opioid antidotes for an institution of higher education, for good faith acts or omissions consistent with the bill’s provisions.