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  
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          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.  
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          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  
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               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.

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          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.





































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          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  
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          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