II 118th CONGRESS 1st Session S. 2946 IN THE SENATE OF THE UNITED STATES September 27 (legislative day, September 22), 2023 Mr. Merkley (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide funding for trained school personnel to administer drugs and devices for emergency treatment of known or suspected opioid overdose, and for other purposes.

1. Short title This Act may be cited as the School Access to Naloxone Act of 2023 . 2. Grants for reducing opioid overdose deaths (a) Use of funds Section 544(c) of the Public Health Service Act ( 42 U.S.C. 290dd–3(c) ) is amended— (1) in paragraph (1), by inserting or administering after prescribing ; and (2) in paragraph (2), by inserting or on the administration of after prescribing of . (b) Authorization of appropriations Section 544(g) of the Public Health Service Act ( 42 U.S.C. 290dd–3(g) ) is amended by striking to carry out this section and inserting to carry out this section and section 544A . 3. Grants for reducing opioid overdose deaths in elementary and secondary schools Title V of the Public Health Service Act is amended by inserting after section 544 of such Act ( 42 U.S.C. 290dd–3 ) the following: 544A. Reducing opioid overdose deaths in elementary and secondary schools (a) In general The Secretary may award grants to eligible entities to provide for the administration, at public and private elementary and secondary schools under the jurisdiction of the eligible entity, of drugs and devices for emergency treatment of known or suspected opioid overdose. (b) Applications To seek a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing— (1) the information required under section 544(b); (2) the certifications specified in subsection (c); and (3) such other information as the Secretary shall require. (c) Certifications The certifications specified in this subsection, with respect to each elementary school and secondary school in the eligible entity’s jurisdiction, are the following: (1) The school has in place a program under which the school will permit trained personnel of the school to administer drugs or devices for purposes of providing emergency treatment of known or suspected opioid overdose. (2) The school will maintain a supply of such drugs and devices in a location that is easily accessible to trained personnel of the school for the purpose of administering such drugs and devices. (3) The school has in place a plan for having on the premises of the school during all operating hours one or more individuals who are such trained personnel. (4) The State attorney general of the State in which the school is located certifies that the State— (A) has reviewed any applicable civil liability protection law to determine the application of such law with regard to elementary and secondary school trained personnel who may administer drugs and devices for emergency treatment in the case of a known or suspected opioid overdose; and (B) has concluded that such law provides adequate civil liability protection applicable to such trained personnel. (d) Definitions In this section: (1) The term civil liability protection law means a State law offering legal protection to individuals who give aid in an emergency to an individual who is ill, in peril, or otherwise incapacitated. (2) The term eligible entity has the meaning given to such term in section 544. (3) The term trained personnel means, with respect to an elementary or secondary school, an individual— (A) who is a school nurse or other individual designated by the principal or other appropriate administrative staff of the school to administer drugs or devices for emergency treatment in the case of a known or suspected opioid overdose; (B) who has received training in the administration of such drugs or devices; and (C) whose training in the administration of such drugs or devices meets appropriate medical standards and has been documented by appropriate administrative staff of the school. .