Ga. Code § 31-2A-20

Current through 2023-2024 Legislative Session Chapter 709
Section 31-2A-20 - Accessibility to opioid antagonists in government buildings and courthouses; guidelines and training; limitations on liability
(a) As used in this Code section, the term:
(1) "Automated external defibrillator" shall have the same meaning as set forth in Code Section 31-11-53.1.
(2) "Courthouse" means a building occupied by judicial courts and containing rooms in which judicial proceedings are held, provided that such building contains an automated external defibrillator.
(3) "Government entity" means any state board, commission, agency, or department, or the governing authority of any county, municipality, or consolidated government, but such term shall not include local school systems, public schools, charter schools, or university buildings.
(4) "Opioid antagonist" shall have the same meaning as set forth in Code Section 26-4-116.2.
(5) "Opioid related overdose" shall have the same meaning as set forth in Code Section 26-4-116.2.
(6) "Qualified government building" means a building in which a government entity is housed or meets in its official capacity, including the portion occupied by a government entity of any building that is not publicly owned, provided that such building contains an automated external defibrillator.
(7) "University building" means any building which forms a part of the University System of Georgia, including any college or university under the government, control, and management of the Board of Regents of the University System of Georgia, or any building under the control of the State Board of the Technical College System of Georgia.
(b) The department shall consult with the Department of Behavioral Health and Developmental Disabilities and may consult with any other medical, clinical, or peer support professionals or organizations it deems appropriate to identify and develop educational resources and guidelines on opioid related overdoses. The department shall develop a model training and implementation policy for opioid antagonist administration. All such educational resources and guidelines and the model training and implementation policy shall be maintained in a prominent manner on the department's principal public website.
(c) All qualified government buildings and courthouses shall:
(1) Maintain a supply of at least three unit doses of opioid antagonists; and
(2) Ensure that such supply of opioid antagonists is available and accessible during regular business hours and outside of regular business hours for all government entity events.
(d) A government entity may make opioid antagonists accessible during government entity events that occur on property that is not publicly owned.
(e) No one employee, officer, agent, contractor, or other individual shall be solely responsible for providing training pursuant to subsection (f) of this Code section for any government entity.
(f)
(1) Every government entity that is based in or operates out of a qualified government building shall establish and implement an internal training and implementation policy for opioid antagonist administration. Such policy may be based on the model training and implementation policy developed by the department pursuant to subsection (b) of this Code section. Each such government entity shall be authorized to receive and administer grants, gifts, contracts, moneys, and donations for the purpose of implementing this Code section.
(2) Each internal training and implementation policy provided for in paragraph (1) of this subsection shall:
(A) Provide details about how an individual can access opioid antagonist administration training;
(B) Specify the location or locations of the government entity's supply of opioid antagonists;
(C) Contain an affirmative statement that any trained individual may administer an opioid antagonist to any person whom the trained individual believes in good faith to be experiencing an opioid related overdose; and
(D) Contain the following statement: "Georgia law provides that any trained individual shall be immune from civil liability or professional discipline for any good faith act or omission to act in the emergency administration of an opioid antagonist to a person believed to be having an opioid related overdose."
(g) All employees, officers, agents, and contractors of government entities and all other individuals who receive training pursuant to subsection (f) of this Code section shall be immune from civil liability or professional discipline for any good faith act or omission to act related to the emergency administration of an opioid antagonist pursuant to this Code section. Good faith shall not include willful misconduct, gross negligence, or recklessness.
(h) Notwithstanding any law to the contrary, funds appropriated or otherwise made available to a government entity may be used to comply with the requirements of this Code section by such government entity.
(i) A government entity shall not be subject to civil liability for damages for any failure to provide an automated external defibrillator or opioid antagonist pursuant to this Code section.

OCGA § 31-2A-20

Added by 2024 Ga. Laws 462,§ 5, eff. 7/1/2024.