ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 4852 and 1170

STATE OF NEW JERSEY

220th LEGISLATURE

  ADOPTED JANUARY 23, 2023

 


 

Sponsored by:

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblywoman  AURA K. DUNN

District 25 (Morris and Somerset)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Assemblyman  CLINTON CALABRESE

District 36 (Bergen and Passaic)

Assemblyman  WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblyman  ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblywomen McKnight, Jaffer, Assemblymen Karabinchak, Freiman, Assemblywoman Murphy, Assemblymen Benson, Danielsen and Assemblywoman Speight

 

 

 

 

SYNOPSIS

     Requires institutions of higher education to maintain supply and develop policy governing use of naloxone hydrochloride nasal spray for opioid overdose emergencies.

 

CURRENT VERSION OF TEXT

     Substitute as adopted by the Assembly Higher Education Committee.

 


An Act concerning the emergency administration of naloxone hydrochloride nasal spray at institutions of higher education and supplementing 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” or “institution” 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.

     “Naloxone hydrochloride nasal spray” means medication approved by the United States Food and Drug Administration (FDA), in the form of a nasal spray to treat an opioid overdose.

     “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.

     “Resident assistant” means a student enrolled at an institution of higher education who is responsible for assisting students residing in a residence hall operated by an institution of higher education.

 

     2.    a.  An institution of higher education shall obtain a supply of naloxone hydrochloride nasal spray through a standing order issued pursuant to 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 throughout the campus for the purpose of responding to an opioid overdose emergency.  The naloxone hydrochloride nasal spray shall be maintained by the institution in quantities and types deemed adequate by the governing board of the institution in consultation with the Commissioner of Human Services and the Secretary of Higher Education.

     b.    An institution of higher education shall develop a policy concerning the emergency administration of naloxone hydrochloride nasal spray for opioid overdose emergencies occurring on campus.  The policy shall:

     (1)   designate a licensed campus medical professional to oversee the institution’s program for the maintenance and emergency administration of naloxone hydrochloride nasal spray on campus;

     (2)   permit a licensed campus medical professional to designate members of the higher education community including, but not limited to, resident assistants, emergency responders, campus security officers, and licensed athletic trainers to administer naloxone hydrochloride nasal spray to any person whom the member in good faith believes is experiencing an opioid overdose on campus; and

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

     c.     A member of the higher education community designated to administer naloxone hydrochloride nasal spray by a licensed campus medical professional shall only be authorized to administer the spray after receiving the training required pursuant to subsection b. of section 3 of this act.

     d. In the event that a licensed athletic trainer, who is designated pursuant to this section to administer naloxone hydrochloride nasal spray, administers the spray, it shall not constitute a violation of the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.).

 

     3.    a.  The Secretary of Higher Education, in consultation with the Commissioner 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 naloxone hydrochloride nasal spray.  Each institution of higher education shall implement the guidelines in developing a policy pursuant to subsection b. of section 2 of this act.

     b.    The guidelines shall include a requirement that a licensed campus medical professional and members of the higher education community designated by the licensed campus medical professional pursuant to subsection c. of section 2 of this act receive training on standard protocols for the emergency administration of naloxone hydrochloride nasal spray to a person experiencing an opioid overdose on campus. 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.    A licensed campus medical professional, member of the higher education community designated to administer naloxone hydrochloride nasal spray pursuant to subsection b. of section 2 of this act, pharmacist, or an authorized health care practitioner who issues a standing order for naloxone hydrochloride nasal spray to an institution of higher education shall not be held liable for any good faith act or omission consistent with the provisions of this act.  For purposes 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.