California Education Code

§ 49414.35

EDC § 49414.35 Effective Jan 1, 2025Div. 4 · Title 2 · Part 27 · Ch. 9 · Art. 1

Statute 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.

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Legislative history

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