West Virginia Code § 18-5-22d

Providing for the maintenance and use of opioid antagonist;
Open in Lexace · Ask the AI about this section
administration; notice; indemnity from liability; rules.
(a) A public, private, parochial or denominational school located within this state may
possess and maintain at the school a supply of an opioid antagonist for use in emergency
medical care or treatment for an adverse opioid event. Opioid antagonists shall be
maintained by the school in a secure location which is only accessible by meedical personnel
and authorized nonmedical personnel and not by students.
(b) A school nurse, as set forth in section twenty-two of this article, is authorized to
administer an opioid antagonist to a student, school personnel oru a person during regular
school hours, at a school function, or at an event on school property when the school nurse
medically believes the individual is experiencing an adverse topioid event.
(c) Nonmedical school personnel who have been trained in the administration of an opioid
antagonist and who have been designated and authorized by the school to administer the
opioid antagonist are authorized to administer an olpioid antagonist to a student, school
personnel or a person during regular school hsours, at a school function, at an event on
school property when the authorized and designated nonmedical school personnel
reasonably believes, based upon their training, that the individual is experiencing an adverse
opioid event. g
(d) Prior notice to the parents of a student of the administration of the opioid antagonist is
not required. Immediately following the administration of the opioid antagonist, the school
shall provide notice to the parent of a student who received the opioid antagonist.
(e) A school nurse or trained and authorized nonmedical school personnel who administer an
opioid antagonist as provided in this section is immune from liability for any civil action
arising out of an act or omission resulting from the administration of the opioid antagonist
unless the act or omission was the result of the school nurse or trained and authorized
nonWmedical school personnel's gross negligence or willful misconduct.
(f) All county boards of education are required to collect and compile aggregate data on
adverse opioid events resulting in the administration of school maintained opioid antagonist
in their county during a school year and forward the data to State Superintendent of
Schools. The State Superintendent of Schools shall prepare an annual report to be presented
to the Joint Committee on Government and Finance as set forth in article three, chapter four
of this code, by December 31 of each year.
(g) Nothing in this section requires a public, private, parochial or denominational school
located within this state to possess an opioid antagonist. A public, private, parochial or
denominational school located within this state or a county board of education is immune
from liability from any civil action arising from the public, private, parochial or
denominational school located within this state not possessing an opioid antagonist in the
school.
(h) The State Board of Education, as defined in article two of this chapter, shall consult with
the State Health Officer, as defined in section four, article three, chapter thirty of this code,
and promulgate rules necessary to effectuate the provisions of this section in accordance
with the provisions of article three-b, chapter twenty-nine-a of this code. The rules shall
provide, at a minimum, for:
(1) The criteria for selection and minimum requirements of nonmedical schoeol personnel
who may administer opioid antagonist following the necessary training;
(2) The training requirements necessary for nonmedical school personnel to be authorized to
administer an opioid antagonist; u
(3) Training on what constitutes an adverse opioid event;
(4) Storage requirements for maintaining the opioid anatagonist within the schools;
(5) Comprehensive notice requirements to the parelnts of a student who was administered a
school maintained opioid antagonist including who administered the antagonist, the rational
for administering the antagonist, the approximate time of the administration of the opioid
antagonist and any other necessary elemeints to make the student's parents fully aware of
the circumstances surrounding the administration of the antagonist;
(6) Any and all necessary documentation to be kept and maintained regarding receipt,
inventory, storage and usage of all opioid antagonist;
(7) Detailed reporting requirements for county boards of education on incidents of use of
school maintained opioid antagonist during a school year; and
(8) Any other requirements necessary to fully implement this section.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.