BILL ANALYSIS SENATE HEALTH AND HUMAN SERVICES COMMITTEE ANALYSIS Senator Deborah V. Ortiz, Chair BILL NO: SB 1695 S AUTHOR: Escutia B AMENDED: April 1, 2002 HEARING DATE: April 3, 2002 1 FISCAL: Appropriations 6 9 CONSULTANT: 5 Matosantos / bjs SUBJECT Drug overdose deaths SUMMARY Makes various finding and declarations about the rise in drug overdose deaths and the fact that they are preventable. Authorizes local emergency medical services agencies to allow EMT-Is who meet specified criteria to administer naloxone hydrochloride. Requires the California Health and Human Services Agency to publish a report on drug overdose trends, to publish educational materials on prevention of drug overdoses and to assist entities interested in the prevention of drug overdose deaths. Requires the Agency to issue grants to local entities that meet specified criteria, for drug overdose prevention, recognition and response projects. ABSTRACT Existing law: Authorizes paramedics, physicians, nurses, nurse practitioners and emergency medical technicians II to administer naloxone hydrochloride, the antidote to heroin Continued--- STAFF ANALYSIS OF SENATE BILL 1695 (Escutia) Page 2 overdose. This bill: 1.Finds that because drug overdose deaths are preventable, it is appropriate for California to prevent the onset of drug use, to provide cessation treatment for drug addicts, to prosecute those who sell controlled substances, and to prevent deaths and suffering among those who can not or will not stop using drugs at this time. 2.Finds that increasing rates of heroin use and the widened variability of its potency have resulted in an escalating death toll among both novice, younger users and an aging population of heroin addicted adults. Finds that the number of drug overdose deaths in both rural and urban counties in California has risen and that heroin overdose is a leading cause of death among adult males ages 20 to 54. 3.Finds that there are many preventable deaths in California among our oldest citizens and chronically ill Californians who rely on opiate-based medications. Finds that efforts need to be made to improve the education of prescription drug users and their families and to improve the response of our emergency medical services to both illicit and legal opiate-based drug overdoses. 4.Finds that heroin overdoses are usually witnessed, that they occur between one and three hours after the last injection, and that there is ample time to save victims' lives. 5.Finds that naloxone hydrochloride is a highly effective antidote to heroin overdose that is easily administered. Finds that police, firefighters, and emergency services personnel who first respond to medical emergencies need to be trained and authorized to administer the antidote to heroin overdose. 6.Authorizes any local emergency medical service agency to allow emergency medical technicians I to administer naloxone hydrochloride if the EMT-Is have completed training and passed a test to ensure that the drug is administered appropriately. Continued--- STAFF ANALYSIS OF SENATE BILL 1695 (Escutia) Page 3 7.Requires the California Health and Human Services Agency to publish a report on drug overdose trends that considers data from the previous five years and provides information on effective interventions to reduce the rate of fatal or nonfatal drug overdose. Requires the Agency to publish the report by December 31, 2004 and thereafter every other year until 2010. 8.Requires the Agency to provide for the production and publication of drug overdose prevention, recognition, and response literature, and to provide assistance to entities and individuals interested in the prevention of fatal and nonfatal drug overdose. Requires that this literature stress that drug use remains illegal, highly dangerous and that complete abstinence from illegal drug use is the healthiest choice. These requirements are effective after January 1, 2004 and are subject to a budget appropriation. 9.Requires the Agency to make grants to local drug overdose prevention, recognition and response projects proposed by county health departments, municipal health projects, correctional units, and community-based organizations that meet specified criteria. Requirements are effective July 1, 2004 and are contingent upon a budget appropriation. 10.Grants priority to proposals that provide drug users information about drug treatment programs or other strategies for abstaining from illegal drug use. 11.Requires the Agency to consider the following criteria when awarding grants: Policies and projects to encourage people to call 911 when they witness a potentially fatal drug overdose. The implementation of drug overdose prevention, recognition and response education programs and training in organizations that have access to drug users and their families, and to patients and families of patients prescribed opiate-based medications. Programs to educate Californians over 65 of the risks associated with using opiate-based medications, ways to prevent overdose and appropriate response to Continued--- STAFF ANALYSIS OF SENATE BILL 1695 (Escutia) Page 4 overdose. The institution of naloxone hydrochloride prescription and distribution projects, and the education and training on drug overdose response and treatment of emergency personnel. 1.Authorizes the Agency to solicit, receive and expend funds from private foundations, the federal government, and other sources to fund overdose prevention, recognition and response programs. FISCAL IMPACT Unknown. Moderate costs, likely under $1 million to the Emergency Medical Services Authority and the California Health and Human Services Agency. There may be minor costs to local governmental entities that decide to allow local public safety personnel to carry and administer opioid antagonists. BACKGROUND AND DISCUSSION It is estimated that between 1,000 and 1,300 Californians die of illegal drug overdoses every year. Since the mid-1990s, the largest proportion of these deaths has been attributed to heroin, often used in combination with other drugs or alcohol. In recent years, increasing rates of heroin use and the variability of its potency has resulted in an escalating death toll among both novice younger users and an aging population of heroin-addicted adults. Heroin overdose is now a leading cause of death for men between the ages of 20 and 54 in several cities and counties in the western part of the United States. According to the federal Centers for Disease Control and Prevention, the number of fatal drug overdoses in California quadrupled between 1980 and 1997. In the counties of Kern, Orange, Riverside, Sacramento and San Joaquin, the rate of drug overdose fatalities increased ranging from 200 percent to 500 percent, between 1990 and 1998. The majority of these deaths are attributed to heroin use, often used in combination with alcohol or other drugs. Continued--- STAFF ANALYSIS OF SENATE BILL 1695 (Escutia) Page 5 A heroin overdose death typically occurs one to three hours after the last injection, and studies suggest that the majority of heroin overdoses are witnessed. There is often ample time to save the victim's life provided that witnesses are able and willing to intervene. A recent study by the San Francisco General Hospital found that if an overdose victim had a pulse at the time of paramedic arrival, the likelihood of survival was 94 percent. Continued--- In California, paramedics, physicians, nurses, nurse practitioners and specified emergency technicians are authorized to administer the antidote to heroin overdose, naloxone hydrochloride. Naloxone is considered highly effective and relatively easy to administer. SB 1695 seeks to authorize local emergency services agencies to allow appropriately trained emergency response personnel to administer naloxone hydrochloride to prevent heroin overdose deaths. It requires the California Health and Human Services Agency to conduct a study every other year of the rates and causes of fatal and non-fatal drug overdoses and effective strategies to prevent overdoses. SB 1695 also requires that the Agency provide for the production and publication of drug overdose, prevention, recognition and response literature that stresses that drug use remains illegal and that complete abstinence from illegal drug use is the healthiest choice. Lastly, the bill requires that the Agency make grants to local entities for drug overdose prevention, recognition and response projects that provide information about lifesaving interventions and response, and provide information to drug users about drug treatment programs. The author and supporters of SB 1695 argue that thousands of families in California are confronted with the destructive effects of addiction and the realities of getting their loved ones into viable treatment programs. Supporters argue that heroin overdoses and opiate-based overdoses are largely preventable and that it is appropriate for California to prevent these deaths. SB 1695 focuses on prevention of drug overdoses and provides individuals at risk for overdose the opportunity to be rehabilitated if they survive. The American Nurses Association (ANA) of California opposes SB 1695. Specifically, the ANA opposes allowing EMT-Is to administer naloxone hydrochloride. ANA believes that allowing EMT-Is to administer this heroin overdose antidote may result in unintended consequences, may hurt victims and may be unethical. ANA argues that allowing EMT-Is to perform duties beyond those included in their current scope of practice promotes a secondary health care delivery system in rural areas and underserved communities. ANA argues that the administration of naloxone hydrochloride requires skill and training beyond the current requirements Continued--- STAFF ANALYSIS OF SENATE BILL 1695 (Escutia) Page 7 of an EMT-I. Previous legislation: SB 1695 (Escutia) is substantively similar to SB 1134 (Escutia) which was approved by the Legislature last year without a single opposing vote. SB 1134 was vetoed by the Governor who cited cost reasons in his veto message. SB 1695 includes most of the provisions of SB 1134 and revises these provisions to contain costs. POSITIONS Support: Center for Policy Reform (sponsor) California Association of Alcoholism and Drug Abuse Counselors California Conference of Local Health Officers California Medical Association California Society of Addition Medicine County Alcohol and Drug Program Administrators Association of California Emergency Medical Services Administrators' Association of California Parents for Addition Treatment and Healing Tarzana Treatment Centers Oppose: American Nurses Association of California