WEST virginia legislature

2024 regular session

Committee Substitute

for

House Bill 5540

By Delegates Stephens, Toney, Sheedy, Ellington, Barnhart, Hite, Willis, Rohrbach, Dittman, and Lewis

[Originating in the Committee on Education;

Reported on February 15, 2024]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-34-1, creating the Fentanyl Prevention and Awareness Education Act; requiring annual education of public school students in grades 6-12; setting forth methods of instruction; and mandating start date of instruction.

Be it enacted by the Legislature of West Virginia:

ARTICLE 34. Laken's Law

§18-34-1. Laken's Law.

(a) The Fentanyl Prevention and Awareness Education Act  or “Laken’s Law” would help prevent overdose deaths in teens and young adults due to fentanyl and fentanyl components. This shall be accomplished through education of students in grades 6-12 in all public schools and be mandated annually using the following methods:

(1) Students will be taught about fentanyl, heroin, and opioids awareness, prevention, and abuse;

(2) Students will be instructed in the life-saving use of NARCAN;

(3) Students will be instructed on the prevention of the abuse of and addiction to fentanyl;

(4) Students will be instructed on available state and community resources and organizations that work to prevent and reduce youth substance use; and

(5) Students will receive health education covering the issues of substance abuse and youth substance abuse in particular.

(b) This mandatory instruction will begin in the 2024-2025 school year.

NOTE: The purpose of this bill is to mandate Fentanyl Prevention and Awareness Education, which shall be known as "Laken's Law".

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.