BILL NUMBER: SB 767	CHAPTERED  10/11/07

	CHAPTER  477
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2007
	APPROVED BY GOVERNOR  OCTOBER 11, 2007
	PASSED THE SENATE  SEPTEMBER 11, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2007
	AMENDED IN ASSEMBLY  SEPTEMBER 7, 2007
	AMENDED IN SENATE  MAY 15, 2007
	AMENDED IN SENATE  APRIL 12, 2007

INTRODUCED BY   Senator Ridley-Thomas

                        FEBRUARY 23, 2007

   An act to add and repeal Section 1714.22 of the Civil Code,
relating to drug overdose treatment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 767, Ridley-Thomas. Drug overdose treatment: liability.
   Existing law authorizes a physician and surgeon to prescribe,
dispense, or administer prescription drugs, including prescription
controlled substances, to an addict under his or her treatment, as
specified. Existing law prohibits, except in the regular practice of
his or her profession, any person from knowingly prescribing,
administering, dispensing, or furnishing a controlled substance to or
for any person who is not under his or her treatment for a pathology
or condition other than an addiction to a controlled substance,
except as specified.
   This bill would authorize, until January 1, 2011, a licensed
health care provider, who is already permitted pursuant to existing
law to prescribe an opioid antagonist, as defined, if acting with
reasonable care, to prescribe and subsequently dispense or distribute
an opioid antagonist in conjunction with an opioid overdose
prevention and treatment training program, as defined, without being
subject to civil liability or criminalprosecution. The bill would
require a local health jurisdiction that operates or registers an
opioid overdose prevention and treatment training program to collect
prescribed data and report it to the Senate and Assembly Committees
on Judiciary by January 1, 2010. The bill would provide that these
provisions apply only to specified counties.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares that because
drug overdose deaths are preventable, it is therefore an appropriate
role for the state to do all of the following:
   (a) Seek to prevent the onset of drug use through preventive
measures.
   (b) Provide cessation treatment for those addicted to drugs.
   (c) Prosecute those who sell controlled substances.
   (d) Seek to prevent needless death and damage caused by drug
overdose by implementing appropriate crisis interventions when these
interventions are needed.
  SEC. 2.  Section 1714.22 is added to the Civil Code, to read:
   1714.22.  (a) For purposes of this section:
   (1) "Opioid antagonist" means naloxone hydrochloride that is
approved by the federal Food and Drug Administration for the
treatment of a drug overdose.
   (2) "Opioid overdose prevention and treatment training program" or
"program" means any program operated by a local health jurisdiction
or that is registered by a local health jurisdiction to train
individuals to prevent, recognize, and respond to an opiate overdose,
and that provides, at a minimum, training in all of the following:
   (A) The causes of an opiate overdose.
   (B) Mouth to mouth resuscitation.
   (C) How to contact appropriate emergency medical services.
   (D) How to administer an opioid antagonist.
   (b) A licensed health care provider who is permitted by law to
prescribe an opioid antagonist may, if acting with reasonable care,
prescribe and subsequently dispense or distribute an opioid
antagonist in conjunction with an opioid overdose prevention and
treatment training program, without being subject to civil liability
or criminal prosecution. This immunity shall apply to the licensed
health care provider even when the opioid antagonist is administered
by and to someone other than the person to whom it is prescribed.
   (c) Each local health jurisdiction that operates or registers an
opioid overdose prevention and treatment training program shall, by
January 1, 2010, collect, and report to the Senate and Assembly
Committees on Judiciary, all of the following data on programs within
the jurisdiction:
   (1) Number of training programs operating in the local health
jurisdiction.
   (2) Number of individuals who have received a prescription for,
and training to administer, an opioid antagonist.
   (3) Number of opioid antagonist doses prescribed.
   (4) Number of opioid antagonist doses administered.
   (5) Number of individuals who received opioid antagonist
injections who were properly revived.
   (6) Number of individuals who received opioid antagonist
injections who were not revived.
   (7) Number of adverse events associated with an opioid antagonist
dose that was distributed as part of an opioid overdose prevention
and treatment training program, including a description of the
adverse events.
   (d) This section shall apply only to the Counties of Alameda,
Fresno, Humboldt, Los Angeles, Mendocino, San Francisco, and Santa
Cruz.
   (e) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2011, deletes or
extends that date.