(a) Each school district must adopt and implement a policy regarding the maintenance, administration, and disposal of opioid antagonists at each campus in the district serving students in grades 6 through 12 and may voluntarily adopt and implement such a policy at each campus in the district, including campuses serving students in a grade level below grade 6.
(b) An open-enrollment charter school or private school may adopt and implement a policy regarding the maintenance, administration, and disposal of opioid antagonists. If an open-enrollment charter or private school adopts a policy under this subchapter, the opioid antagonist policy must comply with the Texas Education Code §38.222. The policy may apply:
  (1) only at campuses of the school serving students in grades 6 through 12; or
  (2) at each campus of the school, including campuses serving students in a grade level below grade 6.
(c) A policy adopted under this subchapter must:
  (1) provide that school personnel and school volunteers who are authorized and trained may administer an opioid antagonist to a person who they reasonably believe is experiencing an opioid-related drug overdose;
  (2) require each school campus, subject to a policy adopted under this subchapter, have one or more school personnel members or school volunteers authorized and trained to administer an opioid antagonist present during regular school hours;
  (3) establish the number of opioid antagonists that must be available at each campus at any given time; and
  (4) require the supply of opioid antagonists at each school campus, subject to a policy adopted under this subchapter, be stored in a secure location and be easily accessible to school personnel and school volunteers authorized and trained to administer an opioid antagonist.

Source Note: The provisions of this §40.84 adopted to be effective November 1, 2023, 48 TexReg 6207