Any school employee who dispenses any drug, as such term is defined in section 12-280-103 (16), to a student in accordance with written instructions from a parent or legal guardian shall not be liable for damages in any civil action or subject to prosecution in any criminal proceedings for an adverse drug reaction suffered by the student as a result of dispensing such drug.
Source: L. 81: Entire section added, p. 706, � 25, effective July 1. L. 2012: Entire section amended, (HB 12-1311), ch. 281, p. 1625, � 64, effective July 1. L. 2019: Entire section amended, (HB 19-1172), ch. 136, p. 1682, � 115, effective October 1.
22-1-119.1. Policy for employee and agent possession and administration of opioid antagonists - definitions. (1) A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school may adopt and implement a policy whereby:
(a) A school under its jurisdiction may acquire and maintain a stock supply of opioid antagonists on school grounds; on a school bus operated by a district school, a school district, the charter school institute, an institute charter school, or a nonpublic school; or both. In addition to acquiring and maintaining a stock supply of opioid antagonists, the school may maintain an opioid antagonist in an automated external defibrillator or defibrillator cabinet in the school or on a school bus.
(b) An employee or agent of the school, or an employee or agent of a school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus, or both, may administer an opioid antagonist on school grounds or a school bus to assist an individual whom the employee or agent believes to be suffering from an opioid-related drug overdose event or is at risk of experiencing an opioid-related drug overdose event. A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school that adopts and implements a policy pursuant to this subsection (1)(b) is encouraged to provide training to its employees or agents, including risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.
(c) An employee or agent of the school may furnish opioid antagonists on school grounds or on a school bus to an individual, including a student.
(2) An employee or agent of a school; or an employee or agent of the school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus; or both, acting in accordance with a policy adopted pursuant to this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.
(3) As used in this section:
(a) Opioid antagonist has the same meaning as set forth in section 12-30-110 (7)(d).
(b) Opioid-related drug overdose event means an acute condition, including a decreased level of consciousness or respiratory depression, that:
(I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;
(II) A layperson would reasonably believe to be caused by an opioid-related drug overdose event; and
(III) Requires medical assistance.
(4) The general assembly encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to adopt and implement a policy for an employee or agent of the school to furnish an opioid antagonist on school grounds or on a school bus to an individual, including a student. In developing the policy, the general assembly also encourages each school district board of education, the charter school institute, and each governing board of a nonpublic school to consider parent and student input; include education and training to parents and students regarding opioid antagonists, non-laboratory opioid detection tests, or non-laboratory additive detection tests; consider recommendations to students of a certain age or grade level for whom the policy applies; and collaborate with groups that have developed opioid education and awareness campaigns to enhance the policy.
(5) A school district, a district school, a district charter school, the state charter school institute, an institute charter school, or a nonpublic school may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section, including acquiring and maintaining a stock supply of opioid antagonists pursuant to subsection (1)(a) of this section, providing training to employees or agents to be eligible to administer an opioid antagonist pursuant to subsection (1)(b) of this section, and providing training to students.
Source: L. 2019: Entire section added, (SB 19-227), ch. 273, p. 2575, � 1, effective May 23. L. 2024: (1), (3)(a), IP(3)(b), and (3)(b)(II) amended, (HB 24-1037), ch. 458, p. 3170, � 19, effective June 6; (1)(a), (1)(b), and (2) amended and (1)(c) and (4) added, (HB 24-1003), ch. 121, p. 394, � 2, effective August 7. L. 2025: (1) amended, (SB 25-164), ch. 168, p. 681, � 3, effective August 6; (1)(c) and (4) amended, (SB 25-300), ch. 428, p. 2446, � 20, effective August 6; (1)(c) and (4) amended and (5) added, (HB 25-1293), ch. 282, p. 1462, � 2, effective August 6.
Editor's note: (1) Amendments to subsections (1)(a) and (1)(b) by HB 24-1003 and HB 24-1037 were harmonized.
(2) Amendments to subsection (1)(c) by SB 25-164 were superseded by HB 25-1293.
(3) Amendments to subsection (1)(c) by SB 25-300 were harmonized in part with and superseded in part by HB 25-1293.
(4) Amendments to subsection (4) by SB 25-300 and HB 25-1293 were harmonized.
Cross references: For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024.
22-1-119.2. Policy for employee and agent furnishing synthetic opiate detection tests and non-laboratory additive detection tests - legislative intent - definitions. (1) A school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school may adopt and implement a policy whereby a school under its jurisdiction may acquire and maintain a supply of non-laboratory synthetic opiate detection tests, non-laboratory additive detection tests, or both, and an employee or agent of the school may furnish non-laboratory synthetic opiate detection tests, non-laboratory additive detection tests, or both, on school grounds to any individual.
(2) As used in this section, unless the context otherwise requires:
(a) Non-laboratory additive detection test means a product that is intended or designed to detect the presence of an additive to a synthetic opiate or an immediate precursor to a synthetic opiate.
(b) Non-laboratory synthetic opiate detection test means a product that is intended or designed to detect the presence of a synthetic opiate.
Source: L. 2022: Entire section added, (HB 22-1326), ch. 225, p. 1645, � 20, effective July 1. L. 2024: Entire section amended, (HB 24-1003), ch. 121, p. 395, � 3, effective August 7.
Cross references: (1) For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to � 2-2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to Legislative Resources and Requirements on the Colorado General Assembly's website.
(2) For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024.
22-1-119.3. Policy for student possession and administration of prescription medication - rules - definitions. (1) A school district board of education shall adopt and implement a policy whereby, except as described in subsection (3) of this section, a student enrolled in a school of the school district may possess and self-administer on school grounds, upon a school bus, or at any school-sponsored event any medication that is prescribed by a licensed health-care practitioner to be used by the student and shall adopt and implement a policy consistent with subsections (3)(c), (3)(d), and (3)(d.5) of this section.
(2) (a) If a school district board of education adopts and implements a policy described by subsection (1) of this section, a parent or legal guardian of a student who is enrolled in a school of the school district and for whom medication is prescribed by a licensed health-care practitioner shall notify the school's administration of the student's medical needs and of the fact that the student may be in possession of his or her prescribed medications as described in subsection (1) of this section. The notification, when appropriate, shall include the treatment plan that has been devised for the student by a licensed health-care practitioner.
(b) If a school's administration receives notice from a student's parent or legal guardian that the student may be in possession of his or her prescribed medications, the school's administration shall ensure that such notice is provided to the student's teachers and the school nurse or other person who is designated to provide health services to students at the school.
(c) Nothing in this section shall be construed to limit the ability of a public school to require a parent or legal guardian of a student who has medication prescribed for a life-threatening condition to provide to the school a sufficient supply of the medication to be stored at the school to be administered to the student in the event of a health emergency.
(3) (a) A policy adopted by a school district board of education pursuant to subsection (1) of this section must include but need not be limited to:
(I) A process by which a school may restrict a student from possessing and self-administering on school grounds, on a school bus, or at a school-sponsored event a medication that is prescribed by a licensed health-care practitioner to be used by the student. The process must require the school administration to make a determination as to whether a student's possession or self-administration of the medication poses a significant risk of harm to the student or to other students.
(II) A requirement that if a student has medication prescribed for a life-threatening condition, a sufficient supply of the medication is provided to the school by the student's parent or legal guardian, stored safely at the school, and kept readily available to be administered to the student in a timely fashion in the event of a health emergency; and
(III) Processes for the storage, possession, and administration of medical marijuana in a nonsmokeable form to a student who holds a valid recommendation for medical marijuana upon the grounds of the preschool or primary or secondary school in which the student is enrolled. For purposes of this section, a public school shall treat a recommendation for a nonsmokeable form of medical marijuana from a licensed physician as medication that is prescribed by a licensed health-care practitioner.
(b) A student who possesses a prescribed medication on school grounds, upon a school bus, or at a school-sponsored event in accordance with a policy adopted by a school district pursuant to this section may possess only enough of his or her prescribed medication to render a sufficient dosage to the student to adequately treat the student's condition for a single day or for the duration of the event, whichever is appropriate; except that this provision shall not apply to a student who requires and possesses an insulin pump or other medical device that delivers dosages of prescribed medication to the student over a period of time that exceeds a single day or the duration of the event.
(c) A student shall not possess or self-administer medical marijuana on school grounds, upon a school bus, or at any school-sponsored event, except as provided for in paragraph (d) of this subsection (3).
(d) (I) A primary caregiver may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. School personnel may volunteer to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form to any student with a valid recommendation for medical marijuana. The primary caregiver or volunteer shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students.
(II) Nothing in this section requires the school district staff to administer medical marijuana.
(III) A school district board of education or charter school may adopt policies regarding who may act as a primary caregiver pursuant to this paragraph (d) and the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event.
(IV) This subsection (3)(d) does not apply to a school district or charter school if:
(A) The school district or charter school loses or will lose federal funding as a result of implementing this subsection (3)(d);
(B) The school district or charter school can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this subsection (3)(d); and
(C) The school district or charter school posts on its website in a conspicuous place a statement regarding its decision not to comply with this paragraph (d).
(V) Student possession, use, distribution, or sale or being under the influence of a cannabinoid product inconsistent with this paragraph (d) is not permitted.
(VI) This paragraph (d) shall be known as Jack's Law.
(d.5) (I) Medical marijuana in a nonsmokeable form shall be administered at a school pursuant to this subsection (3)(d.5) according to a written plan for the administration of medical marijuana in a nonsmokeable form that is agreed to and signed by the school principal or his or her designee and a parent or legal guardian that is consistent with the school board's adopted policy required by subsection (3)(a)(III) of this section and the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction.
(II) Prior to the administration of medical marijuana in a nonsmokeable form at school, the student's parent or legal guardian shall complete and submit to the school the documentation required by rule of the state board of education, including but not limited to:
(A) A written medical marijuana recommendation that includes the signature of one of the recommending physicians and the purpose, recommended dosage, frequency, and length of time between dosages of the medical marijuana in a nonsmokeable form to be administered; and
(B) A written statement from the student's parent or legal guardian releasing the school, and employees and volunteers of the school, from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan.
(III) (A) Subject to the requirements specified in subsections (3)(d.5)(I) and (3)(d.5)(II) of this section, school personnel may possess, and administer to a student who holds a valid recommendation for medical marijuana, medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event. The school personnel shall not administer the nonsmokeable medical marijuana in a manner that creates disruption to the educational environment or causes exposure to other students. If a student who is subject to the provisions of this subsection (3)(d.5) takes a school trip outside of the state of Colorado or participates in a school activity outside of the state of Colorado, the provisions of this subsection (3)(d.5) do not apply for the time during which the student is engaged in the trip or activity outside of the state of Colorado.
(B) Nothing in this subsection (3)(d.5) requires any school personnel to administer medical marijuana.
(C) It is an exception from the state's criminal laws for school personnel to possess and administer medical marijuana in a nonsmokeable form in compliance with this subsection (3)(d.5) to a student who holds a valid recommendation for medical marijuana, except as otherwise provided in section 18-18-406.3.
(D) A school district board of education or a school administration shall not discipline or retaliate against any school personnel who volunteers to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction.
(IV) A school may adopt policies regarding the reasonable parameters of the administration and use of medical marijuana in a nonsmokeable form upon the grounds of the preschool or primary or secondary school in which the student is enrolled, or upon a school bus or at a school-sponsored event.
(V) This subsection (3)(d.5) does not apply to a school if:
(A) The school loses or will lose federal funding as a result of implementing this subsection (3)(d.5);
(B) The school can demonstrate a reasonable, documented expectation of lost federal funding based on federal guidance or grant requirements directly as a result of implementing this subsection (3)(d.5); and
(C) The school posts on its website in a conspicuous place a statement regarding its decision not to comply with this subsection (3)(d.5).
(VI) Student possession, use, distribution, or sale, or a student being under the influence, of a cannabinoid product inconsistent with this subsection (3)(d.5) is not permitted.
(VII) The student's parent, guardian, or designee shall deliver the student's medical marijuana in a nonsmokeable form, in a container that contains clearly labeled instructions or the plan for administration must clearly specify instructions for the dosing, timing, and delivery route instructions from one of the student's recommending physicians, to the volunteer or school personnel designated by the school as the person who secures the medical marijuana before the student attends school for the school day. The volunteer or school personnel shall administer the medical marijuana pursuant to the instructions or plan for administration from one of the student's recommending physicians, including dosing, timing, and delivery route instruction. The volunteer or school personnel who secures the medical marijuana in a nonsmokeable form shall place the medical marijuana in a locked storage container that does not significantly delay access to or the administration of the medical marijuana in a nonsmokeable form in a medical emergency. The person who secures the medical marijuana in a nonsmokeable form may return any unused medical marijuana to the student's parent, guardian, or designee at the end of each school day, or, if allowed by the treatment plan, the medical marijuana in a nonsmokeable form may be kept on school grounds overnight in a locked storage container.
(VIII) Neither this section nor any other state or federal law, including without limitation the Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as amended, and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 794, as amended, may be used to require a school or any employee or volunteer thereof to store medical marijuana on the grounds of a school, school bus, or school-sponsored event or to administer medical marijuana.
(IX) For purposes of this subsection (3)(d.5), school personnel means school personnel designated by agreement between the principal or his or her designee and a parent or legal guardian, including any school personnel acting as a volunteer pursuant to subsection (3)(d)(I) of this section.
(e) Notwithstanding the provisions of section 22-33-106 (1)(d)(II), a school district or charter school may not discipline a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school.
(f) A school district or charter school may not deny eligibility to attend school to a student who holds a valid recommendation for medical marijuana solely because the student requires medical marijuana in a nonsmokeable form as a reasonable accommodation necessary for the child to attend school.
(4) The state board of education may promulgate rules for the implementation of this section.
(5) A school district board of education that adopts a policy pursuant to subsection (1) of this section shall be exempt from rules promulgated by the state board of education pursuant to the Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act, section 22-1-119.5.
(6) For purposes of this section, medication and medical marijuana do not include a physical, behavioral, psychological, verbal, or any other nontangible therapy course of treatment.
(7) Nothing in this section requires school personnel to volunteer to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form to any student with a valid recommendation for medical marijuana. A school may not require school personnel to possess, administer, or assist in the administration of medical marijuana in a nonsmokeable form against their will, nor may a school discipline school personnel for refusing to possess, administer, or assist in the administration of medical marijuana under this section.
(8) This section does not apply to a private or nonpublic school.
(9) A school located on federal land is exempt from the provisions of this section related to the administration of medical marijuana if the federal government prohibits the administration of medical marijuana at a school located on federal land.
(10) The department of education shall not subject any person licensed pursuant to article 60.5 of this title 22 to any disciplinary action related to the possession, administration, or assistance in the administration of cannabis-based medicine as allowed by this section.
(11) A school, school district, school district director, school or school district employee, or volunteer acting in good faith in accordance with the provisions of this section is immune from criminal prosecution and civil suit for such actions.
Source: L. 2011: Entire section added, (SB 11-012), ch. 62, p. 161, � 2, effective March 25. L. 2015: (3)(c) amended, (SB 15-014), ch. 199, p. 688, � 9, effective May 18. L. 2016: (3)(c) amended and (3)(d), (3)(e), and (3)(f) added, (HB 16-1373), ch. 232, p. 935, � 1, effective June 6. L. 2018: (3)(d.5) added, (HB 18-1286), ch. 365, p. 2187, � 1, effective June 4. L. 2021: (1), (3)(a), (3)(d)(I), IP(3)(d)(IV), (3)(d)(IV)(A), (3)(d)(IV)(B), (3)(d.5)(I), (3)(d.5)(III)(B), (3)(d.5)(IV), (3)(d.5)(V)(A), (3)(d.5)(V)(B), (3)(d.5)(VII), and (3)(d.5)(IX) amended and (3)(d.5)(III)(D) and (6) to (11) added, (SB 21-056), ch. 96, p. 382, � 2, effective September 7.
Cross references: For the legislative declaration in SB 15-014, see section 1 of chapter 199, Session Laws of Colorado 2015. For the legislative declaration in SB 21-056, see section 1 of chapter 96, Session Laws of Colorado 2021.
22-1-119.5. Asthma, food allergy, and anaphylaxis health management - self-administered medication - staff-administered medication - rules - definitions. (1) This section shall be known and may be cited as the Colorado Schoolchildren's Asthma, Food Allergy, and Anaphylaxis Health Management Act.
(2) (a) A student with asthma, a food allergy, other severe allergies, or a related, life-threatening condition may possess and self-administer medication to treat the student's asthma, food or other allergy, anaphylaxis, or other related, life-threatening condition if the student has a treatment plan approved pursuant to this subsection (2) or the student's school district board of education has adopted a policy for student possession and administration of prescription medication pursuant to section 22-1-119.3.
(b) A public school shall, and a nonpublic school is encouraged to, approve a treatment plan for a student enrolled in the school to possess and self-administer medication for asthma, a food allergy, or anaphylaxis if all of the following conditions are met:
(I) A health-care practitioner has prescribed medication for use by the student during school hours, at school-sponsored activities, and while in transit to or from school or school-sponsored activities and has instructed the student in the correct and responsible use of the medication.
(II) The student demonstrates to the health-care practitioner or the health-care practitioner's designee and the school nurse or a school administrator the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed.
(III) The school nurse or a school administrator collaborates with the student's health-care practitioner to formulate a written treatment plan for managing asthma, food allergy, or anaphylaxis episodes of the student and for medication use by the student during school hours, at school-sponsored activities, and while in transit to or from school or school-sponsored activities.
(IV) The student's parent or legal guardian completes and submits to the public or nonpublic school the documentation required by rule of the state board of education, including but not limited to:
(A) A written medical authorization that includes the signature of the health-care practitioner for the medication prescribed; the name, purpose, prescribed dosage, frequency, and length of time between dosages of the medications to be self-administered; and confirmation from the health-care practitioner that the student has been instructed and is capable of self-administration of the prescribed medications;
(B) A written statement from the student's parent or legal guardian releasing the school, school district, any associated entity, and employees and volunteers of the school, school district, and associated entity from liability, except in cases of willful or wanton conduct or disregard of the criteria of the treatment plan; and
(C) A written contract between the school nurse or a school administrator, the student, and the student's parent or legal guardian assigning levels of responsibility to the parent or legal guardian, student, and school employees.
(c) A treatment plan shall be effective only for the school year in which it is approved. The public school shall approve a new treatment plan for each school year so long as the plan meets the conditions specified in paragraph (b) of this subsection (2). The parent or legal guardian shall submit a new treatment plan annually or more often if changes occur to the student's health or prescribed treatment.
(3) A student with a treatment plan approved pursuant to subsection (2) of this section or whose school district board of education has adopted a policy for student possession and administration of prescription medication pursuant to section 22-1-119.3 may possess and self-administer his or her medication while in school, while at school-sponsored activities, and while in transit to or from school or school-sponsored activities.
(4) With the approval of the parent or legal guardian of a student with a treatment plan approved pursuant to subsection (2) of this section, a school may maintain additional asthma, food or other allergy, or anaphylaxis medication to be kept at the school in a location to which the student has immediate access in the event of an asthma, food or other allergy, or anaphylaxis emergency.
(5) Immediately after using emergency-use epinephrine during school hours, a student shall report to the school nurse, to the designee of the school nurse, or to some adult at the school to enable the school nurse, school nurse's designee, or other adult to provide the appropriate follow-up care, which shall include making a 911 emergency call.
(5.5) (a) As used in this subsection (5.5) and in subsection (6) of this section, unless the context otherwise requires:
(I) Administer or administration means to give a dose of medicine to a student who has asthma or a food or other allergy or who is experiencing anaphylaxis, including the use of emergency-use epinephrine, an asthma inhaler, or oral medication.
(II) Designated school personnel means:
(A) An employee in a school who has been trained on the administration of emergency-use epinephrine consistent with the rules on administration of emergency-use epinephrine and to whom a school nurse has delegated the nursing task of administering emergency-use epinephrine to students; or
(B) An employee in a school who has been trained on the administration of emergency-use epinephrine consistent with the rules on administration of emergency-use epinephrine and to whom a school nurse has delegated the nursing task of administering emergency-use epinephrine to students or who has been trained by a medical professional licensed under article 240 of title 12 or part 1 of article 255 of title 12 and to whom the licensee has delegated the administration of emergency-use epinephrine under the authority of that person's license.
(III) Governing authority of a school means a school district board of education of a public school, the state charter school institute for an institute charter school, or the governing board of a nonpublic school.
(IV) Prescription means any order issued in writing, dated and signed by a physician licensed pursuant to article 240 of title 12, a physician assistant licensed in accordance with section 12-240-113, or an advanced practice registered nurse with prescriptive authority in accordance with section 12-255-112.
(V) School means any public or nonpublic school.
(b) A governing authority of a school may adopt and implement a policy whereby schools under its jurisdiction may acquire and maintain a stock supply of emergency-use epinephrine.
(c) A governing authority of a school may adopt a policy for schools within its jurisdiction to authorize the school nurse or other designated school personnel to administer emergency-use epinephrine to any student that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis, in accordance with standing orders and protocols from a licensed physician, physician assistant, or advanced practice registered nurse with prescriptive authority, regardless of whether the student has a prescription for emergency-use epinephrine.
(d) A governing authority of a school may enter into arrangements with manufacturers of emergency-use epinephrine or third-party suppliers of emergency-use epinephrine to obtain emergency-use epinephrine at fair-market or reduced prices or for free.
(e) The governing authority of a public school that decides to maintain a supply of emergency-use epinephrine as described in this subsection (5.5) shall:
(I) Implement a plan based on the rules developed pursuant to subsection (8) of this section for the management of students with life-threatening allergies enrolled in schools under its jurisdiction; and
(II) Make such plan available on such governing authority's website or the website of each school under the governing authority's jurisdiction, or if such websites do not exist, make such plan available to parents and other interested persons through other practical means as determined by such governing authority.
(f) To qualify for the protections in subsection (6) of this section, the governing authority of a nonpublic school that decides to maintain a supply of emergency-use epinephrine as described in this subsection (5.5) must implement a plan based on the rules adopted by the state board of education as described in subsection (8) of this section.
(g) The department of education shall develop and publish an annual report compiling, summarizing, and analyzing all incident reports submitted to the department pursuant to paragraph (e) of subsection (8) of this section.
(6) Unless the damages were caused by willful or wanton conduct or disregard of the criteria of an approved treatment plan, if the provisions of this section are met, a school, school district, school district director, or school or school district employee not otherwise provided for under section 13-21-108 shall not be liable in a suit for damages as a result of an act or omission related to:
(a) A student's own use of the student's emergency-use epinephrine or any other medication contained in an approved treatment plan; or
(b) The good faith administration of emergency-use epinephrine in accordance with a policy and standing orders and protocols on the administration of emergency-use epinephrine as described in subsection (5.5)(c) of this section and pursuant to a plan adopted pursuant to subsection (5.5)(e) or (5.5)(f) of this section.
(7) Nothing in this section shall be interpreted to create a cause of action or increase or diminish the liability of any person.
(8) The state board of education, with assistance from the department of public health and environment, shall promulgate and revise, as necessary, rules for treatment plans for the management of students with life-threatening allergies pursuant to this section. The state board of education shall adopt rules on or before December 31, 2013, to include but not be limited to:
(a) Education and training for school nurses and designated school personnel on the management of students with life-threatening allergies, including training related to the administration of emergency-use epinephrine. In developing the rules on education and training, the state board shall solicit input from an organization that represents school nurses.
(b) Procedures for responding to life-threatening allergic reactions;
(c) A process for the development of individualized health-care and allergy action plans for every student with a known life-threatening allergy, including the self-administration of medications pursuant to subsection (2) of this section;
(d) Protocols to prevent exposure to allergens;
(e) Requirements for each school to submit, on a form developed by the department of education, a report of each incident at the school or a related-school event involving a severe allergic reaction or the administration of emergency-use epinephrine or both;
(f) Requirements for school nurses in schools that have adopted a policy allowing for the administration of emergency-use epinephrine pursuant to subsection (5.5) of this section to report to the department of education whether the school nurse has trained and designated any school personnel to administer emergency-use epinephrine and, if so, the number of employees in the school or school district that have been trained and designated to administer emergency-use epinephrine;
(g) Detailed standards for training programs that must be completed by school nurses and designated school personnel in order to administer emergency-use epinephrine in accordance with subsection (5.5) of this section. Training may be conducted online and, at a minimum, shall cover:
(I) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
(II) Standards and procedures for the storage and administration of emergency-use epinephrine; and
(III) Emergency follow-up procedures after administering emergency-use epinephrine.
(9) The department of public health and environment is authorized to audit school records for the determination of asthma and severe allergy rates within the schools and to determine the proportion of those students with asthma and severe allergies in the schools that have treatment plans allowing for self-administration of asthma and severe allergy medications. The audit shall define the extent of asthma and severe allergies among students and determine the effect of this section on the well-being of children with asthma and severe allergies in schools. The audit shall be conducted in conformance with the requirements of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g.
(10) As used in this section, emergency-use epinephrine means a portable, disposable drug delivery device or product approved by the federal food and drug administration that contains a premeasured, single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
Source: L. 2005: Entire section added, p. 257, � 2, effective April 14. L. 2009: (1), (2)(a), (2)(b), and (4) amended, (SB 09-226), ch. 245, p. 1106, � 7, effective August 5. L. 2011: (2)(a) and (3) amended, (SB 11-012), ch. 62, p. 161, � 1, effective March 25. L. 2013: (5.5) added and (6) and (8) amended, (HB 13-1171), ch. 348, p. 2022, � 1, effective May 28. L. 2019: (5.5)(a)(II)(B) and (5.5)(a)(IV) amended, (HB 19-1172), ch. 136, p. 1682, � 116, effective October 1. L. 2020: (5.5)(a)(II)(B) amended, (HB 20-1183), ch. 157, p. 700, � 52, effective July 1. L. 2025: (5), (5.5)(a)(I), (5.5)(a)(II), (5.5)(b), (5.5)(c), (5.5)(d), IP(5.5)(e), (5.5)(f), (6), (8)(a), (8)(e), (8)(f), IP(8)(g), (8)(g)(II), and (8)(g)(III) amended and (10) added, (SB 25-278), ch. 295, p. 1506, � 1, effective May 30.
Cross references: For the legislative declaration contained in the 2005 act enacting this section, see section 1 of chapter 71, Session Laws of Colorado 2005. For the legislative declaration contained in the 2009 act amending subsections (1), (2)(a), (2)(b), and (4), see section 1 of chapter 245, Session Laws of Colorado 2009.
22-1-119.7. Student possession and administration of opiate antagonists and possession of non-laboratory detection tests. (1) A school district or the state charter school institute shall not prohibit a student of the school district or institute charter school from or discipline a student of the school district or institute charter school for possessing or administering an opiate antagonist on school grounds, on a school bus, or at any school-sponsored event.
(2) A school, school district, or the state charter school institute shall not prohibit a student of the school district or institute charter school from possessing a non-laboratory synthetic opiate detection test, as defined in section 22-1-119.2 (2)(b), or non-laboratory additive detection test, as defined in section 22-1-119.2 (2)(a), on school grounds, on a school bus, or at any school-sponsored event.
(3) A student is not subject to civil liability or criminal prosecution if the student acts as specified in section 13-21-108.7, 13-21-108.8, or 18-1-712.
Source: L. 2024: Entire section added, (HB 24-1003), ch. 121, p. 396, � 4, effective August 7. L. 2025: (2) amended, (SB 25-300), ch. 428, p. 2447, � 21, effective August 6.
Cross references: For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024.