BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2013-2014 Regular Session


          AB 635 (Ammiano)
          As Amended April 11, 2013
          Hearing Date: June 18, 2013
          Fiscal: No
          Urgency: No
          RD


                                        SUBJECT
                                           
                         Drug Overdose Treatment: Liability

                                      DESCRIPTION  

          Existing law establishes a seven county pilot program, until  
          January 1, 2016, which provides a qualified immunity to licensed  
          health care providers who prescribe naloxone (a prescription  
          drug to counteract an opiate overdose), and to unlicensed  
          trained persons that administer naloxone in emergency situations  
          where they believe, in good faith, that the other person is  
          experiencing a drug overdose.  

          This bill would expand the pilot program by removing the sunset,  
          removing the restriction to only seven counties, authorizing  
          licensed health care providers to also prescribe naloxone to  
          third parties (family members, friends, or other persons in a  
          position to assist a person at risk of an opioid-related  
          overdose), as well as to issue standing orders for the  
          distribution and/or administration of naloxone.  This bill would  
          also amend the program's limited liability provisions to instead  
          confer: 
           qualified immunity from civil liability, criminal prosecution,  
            or professional review to licensed health care providers who  
            issue prescriptions or standing orders pursuant to the  
            program; and 
           immunity from civil action or criminal prosecution, or  
            professional review, to any persons who possess or distribute  
            naloxone pursuant to a prescription or standing order, or  
            acting with reasonable care in administering naloxone, as  
            specified.   

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          This bill would also require that person who is prescribed  
          naloxone or possesses it pursuant to a standing order receive  
          training, as defined. 

                                      BACKGROUND 

          Opioid overdoses are characterized by central nervous system and  
          respiratory depression, leading to coma and death.  While there  
          are various opioid antagonists, the most popular appears to be  
          naloxone, which has the ability to counteract depression of the  
          central nervous and respiratory system caused by an opioid  
          overdose.  Naloxone is administered by either injection into  
          vein or muscle or via a nasal atomizer.  Once administered,  
          naloxone takes effect after around a minute, with effects  
          lasting around 45 minutes, potentially saving the person's life.  
           The New York Times August 21, 2005 article entitled The Shot  
          That Saves, noted:

            If given early enough, naloxone can prevent damage to the  
            brain caused by lack of oxygen and leave the victim  
            unharmed.  According to research  . . .  at least 75 percent  
            of overdose deaths involve multiple drugs, usually mixtures  
            of heroin and other depressants like alcohol.  Removing the  
            opioid from the mix with naloxone is often enough to revive  
            victims.  

            Naloxone itself is virtually harmless.  Its most common side  
            effects are withdrawal symptoms like nausea, shakiness and  
            agitation in those who are physically dependent on opioids.   
            While uncomfortable, these symptoms are not dangerous.   
            Rarely, seizures can occur, but this risk is far lower than  
            the risk to those who are not treated.  The drug has no  
            effect on those who haven't taken opioids. 
            . . . 
            According to a study published in the journal Drug and  
            Alcohol Dependence, 57 percent of 1,184 hard drug users  
            interviewed had witnessed at least one overdose.  Medical  
            help was sought in only two-thirds of the instances, and  
            this was usually only after efforts to revive the victim by  
            hitting him or rubbing him with ice had failed . . . . More  
            than half of the drug users in the study cited fear of  
            arrest as the main reason for delaying or failing to seek  
            help.


                                                                      




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          In 2007, in order to facilitate the prescription of naloxone to  
          trained individuals in California, SB 767 (Ridley-Thomas, Ch.  
          477, Stats. 2007) established a seven county pilot program  
          through January 1, 2010, that provided licensed health care  
          providers with a qualified immunity from civil liability or  
          criminal prosecution when they prescribed naloxone. That  
          immunity only applies where the health care provider dispensed  
          that drug in connection with an opioid overdose prevention and  
          training program - those programs, either registered or run by a  
          local health jurisdiction, train individuals for how to  
          recognize and respond to an opiate overdose.  AB 2145 (Ammiano,  
          Ch. 545, Stats. 2010) has since extended the sunset date for the  
          program to January 1, 2016, extended the deadline for the  
          reporting requirements to January 1, 2015, and added a new  
          qualified immunity for unlicensed trained persons who administer  
          an opioid antidote in emergency situations where they believe,  
          in good faith, that the other person is experiencing a drug  
          overdose.  

          This bill would expand this program statewide, delete the sunset  
          and the reporting requirements, and, among other things, modify  
          the limited liability provisions for both licensed health care  
          professionals who prescribe, dispense or distribute naloxone, as  
          well as unlicensed persons who act with reasonable care to  
          administer naloxone to a person is experiencing or is suspected  
          to be experiencing an overdose.  
                                CHANGES TO EXISTING LAW
           
           Existing law , the California Uniform Controlled Substances Act,  
          strictly regulates the distribution of controlled substances  
          within California.  (Health & Saf. Code Sec. 11000 et seq.)  

           Existing law  prohibits the prescription, administration, or  
          dispensing of a controlled substance to an addict, except under  
          certain circumstances.  (Health & Saf. Code Sec. 11156; Bus. &  
          Prof. Code Sec. 2241.)
           
          Existing law  provides that 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 applies to the licensed health care provider even when  
          the opioid antagonist is administered by and to someone other  

                                                                      




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          than the person to whom it is prescribed.  (Civ. Code Sec.  
          1714.22(b).)

           Existing law  permits a person who is not otherwise licensed to  
          administer an opioid antagonist to administer an opioid  
          antagonist in an emergency without fee if the person has  
          received the training information as specified and believes in  
          good faith that the other person is experiencing a drug  
          overdose.  The person shall not, as a result of his or her acts  
          or omissions, be liable for any violation of any professional  
          licensing statute, or subject to any criminal prosecution  
          arising from or related to the unauthorized practice of medicine  
          or the possession of an opioid antagonist.  (Civ. Code Sec.  
          1714.22(c).)

           Existing law  requires that each local health jurisdiction that  
          operates or registers an opioid overdose prevention and  
          treatment training program, by January 1, 2015, collect, and  
          report to the Senate and Assembly Judiciary Committees,  
          specified data on programs within the jurisdiction, including,  
          among other things: the number of opioid antagonist doses  
          prescribed, the number of opioid antagonist doses administered,  
          the number of individuals who received opioid antagonist  
          injections who were properly revived and the number who were not  
          revived, as well as the number of adverse events associated with  
          an opioid antagonist dose that was distributed as part of an  
          opioid overdose prevention and treatment training program.   
          (Civ. Code Sec. 1714.22(d).)

           Existing law  limits the application of this law to the Counties  
          of Alameda, Fresno, Humboldt, Los Angeles, Mendocino, San  
          Francisco, and Santa Cruz and includes a January 1, 2016 sunset.  
           (Civ. Code Sec. 1714.22(e)-(f).)

           Existing law  defines for these purposes "opioid antagonist" and  
          "opioid overdose prevention and treatment training program."   
          (Civ. Code Sec. 1714.22(a).)

           This bill  would remove the restriction to the counties above and  
          repeal the sunset date.  
           This bill  would authorize a licensed health care provider who is  
          authorized by law to prescribe an opioid antagonist to, if  
          acting with reasonable care, prescribe and subsequently dispense  
          or distribute an opioid antagonist to a person at risk of an  
          opioid-related overdose or to a family member, friend, or other  

                                                                      




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          person in a position to assist a person at risk of an  
          opioid-related overdose. 

           This bill  would permit a licensed health care provider who is  
          authorized by law to prescribe an opioid antagonist to issue  
          standing orders for:
           the distribution of  an opioid antagonist to a person at risk  
            of an opioid-related overdose or to a family member, friend,  
            or other person in a position to assist a person at risk of an  
            opioid-related overdose; and
           the administration of an opioid antagonist to a person at risk  
            of an opioid-related overdose by a family member, friend, or  
            other person in a position to assist a person experiencing or  
            reasonably suspected of experiencing an opioid overdose.

           This bill  would provide that a licensed health care provider who  
          acts with reasonable care shall not be subject to professional  
          review, found liable in a civil action, or be subject to  
          criminal prosecution for issuing a prescription or standing  
          order pursuant to the bill. 

           This bill  would provide that, notwithstanding any other law, a  
          person who possesses or distributes an opioid antagonist  
          pursuant to a prescription or standing order shall not be  
          subject to professional review, be found liable in a civil  
          action, or be subject to criminal prosecution for this  
          possession or distribution. 

           This bill  would provide that, notwithstanding any other law, a  
          person who acts with reasonable care and administers an opioid  
          antagonist to a person who is experiencing or is suspected of  
          experiencing an overdose shall not be subject to professional  
          review, be liable in a civil action, or be subject to criminal  
          prosecution for this administration.

           This bill  would require that a person who is prescribed an  
          opioid antagonist or possesses it pursuant to a standing order  
          shall receive the training provided by an opioid overdose  
          prevention and treatment training program.
          
                                        COMMENT
           
          1.    Stated need for the bill  

          According to the author: 

                                                                      




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            Drug overdoses are now the leading cause of injury death in  
            the United States, surpassing motor vehicle crash deaths.   
            According to the most recent data released by the Centers for  
            Disease Control and Prevention [(CDC)], there were 37,000 drug  
            overdose deaths in the United States in 2009.  In 2008, the  
            most recent year data is available, there were 4,334 drug  
            poisoning deaths in California. Counties experiencing the  
            highest numbers of overdose deaths are: Alameda, Fresno, Kern,  
            Los Angeles, Orange, Riverside, Sacramento, San Bernardino,  
            San Diego, San Francisco, and Santa Clara Counties. 

            According to the CDC, in 2009, 28,754 (91 percent) of all  
            unintentional poisoning deaths were caused by drugs.  The  
            class of drugs known as prescription opioids, which includes  
            such drugs as methadone, hydrocodone (Vicodin), and oxycodone  
            (Oxycontin), was most commonly involved, followed by cocaine  
            and heroin. Drug poisoning is the leading cause of injury  
            death in California and its effects are felt throughout all  
            sectors of the state.

            When a person overdoses on opioids he/she experiences  
            depression of the central nervous system and is in danger of  
            dying because the opioids slow down, and eventually stop, the  
            person's breathing. Naloxone (also known as Narcan) is  
            routinely used in hospitals and by paramedics in the field to  
            revive individuals who are suspected to be overdosing on  
            opioids.

            In California, overdose prevention programs operate in a  
            handful of cities and counties, but have limited reach in  
            terms of addressing the overdose issue statewide. Both SB 767  
            [(Ridley-Thomas, Ch. 477, Stats. 2007)] and AB 2145 [(Ammiano,  
            Ch. 545, Stats. 2010)] only covered the [c]ounties of Alameda,  
            Fresno, Humboldt, Los Angeles, Mendocino, San Francisco, and  
            Santa Cruz. These counties were designated as pilot counties  
            because they had existing overdose prevention programs in  
            place already, through their local syringe access and disposal  
            programs.  The Harm Reduction Coalition is working with health  
            advocates in Stanislaus, San Joaquin, Sacramento, Sonoma, San  
            Diego, Kern, Santa Clara, Ventura and Orange counties who are  
            either already doing independent naloxone distribution as part  
            of an overdose prevention program, or would like to start, as  
            they are now considered 'best practice' components of high  
            quality programs that focus on the health of drug users.

                                                                      




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            AB 635 safely expands the availability and distribution of  
            this life-saving drug. [ . . . ]

          2.    Pilot program reports demonstrate naloxone can be safely  
            administered by trained lay persons and save a significant  
            number of lives  

          To reduce rates of fatal opioid exposure, naloxone, a  
          nonscheduled prescription drug has been distributed as part of  
          an emergency kit for opiate abusers in various cities, as  
          victims of opioid overdoses may be unconscious, incapacitated,  
          or otherwise unable to inject themselves.  As noted in the  
          Background, since 2007, seven California counties have been  
          authorized by law to operate a pilot program to allow licensed  
          health care providers to prescribe, dispense, or distribute  
          naloxone even where they know that the opioid antagonist will be  
          administered by and to some other than the person to whom it is  
          prescribed. 

          Pursuant to AB 2145, the author has submitted copies of reports  
          submitted by Los Angeles, San Francisco, Santa Cruz, Humboldt,  
          and Alameda in 2011 (Fresno and Mendocino have not had funds for  
          these programs since 2009 and therefore did not have data to  
          report).  Overall, those reports tend to demonstrate that when  
          used, in most cases, lives were saved.  Many of the reports  
          echoed that where the drug did not work, it's suspected that the  
          person was already dead when it was administered.  The adverse  
          effects noted in these reports involved anger or vomiting, which  
          are considered to be within the "normal range" of adverse  
          outcomes, though the side effects can also include seizures.    
          More specifically, a summary of the reports provided by the  
          author demonstrates that in 2011: 
           In two Alameda County programs, naloxone was prescribed and  
            distributed to 225 individuals, 65 overdose treatments with  
            naloxone were reported, and 64 people were successfully  
            revived.  Adverse events, such as anger, vomiting, confusion,  
            were minor and associated with the rapid withdrawal caused by  
            naloxone. 
           In the one Humboldt County program, naloxone was prescribed  
            and distributed to 13 trained clients in 2011, four overdose  
            interventions were reported, and all four people were revived.  
            No adverse events were reported.
           Between the three Los Angeles County programs, naloxone was  
            prescribed and distributed to 199 individuals in 2011, 42  

                                                                      




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            overdose treatments with naloxone were reported, with 41  
            people successfully revived.  The only adverse event reported  
            was anger in one case, associated with the rapid withdrawal  
            caused by naloxone. 
           In the San Francisco County program, overdose prevention  
            education and naloxone were provided to 1135 individuals  
            between January 2010 and December 2011.  Additionally, 680  
            previously-trained individuals returned for refills.  During  
            2010-2011, 185 individuals reported using their naloxone  
            and/or the skills learned in the training program to revive an  
            overdosing person, and 182 were successful revived.  No  
            adverse events occurred outside of anger. 
           In the Santa Cruz County program, training and distribution of  
            naloxone was provided to 100 individuals and 10 overdose  
            reversals using naloxone were reported, all of which were  
            successful and had no adverse outcomes. 

          Of note, the author and sponsor point out that the Center for  
          Disease Control and Prevention reports that drug overdoses are  
          now the leading cause of injury (i.e. accidental) death in the  
          U.S., surpassing motor vehicle crash deaths, and this bill could  
          help reduce those deaths.  In support of the bill, the  
          California Opioid Maintenance Providers writes that this bill  
          would help "address needless overdose deaths that occur when  
          either a person at risk of overdose or a friend or family member  
          of such a person does not have access to the medications that  
          can reverse the symptoms of overdose known as opioid  
          antagonists.  Multiple studies of overdose have shown that death  
          rarely occurs immediately from a drug related overdose, and most  
          deaths occur 1 to 3 hours after the initial dose of drugs.  Many  
          overdoses are reversible if the individual gets medical  
          assistance in time." (Footnote citation omitted.)  

          Accordingly, this bill seeks to expand the access and  
          distribution of to this life-saving treatment by removing the  
          limitation of the current pilot program to those seven counties  
          and by permitting a licensed health care provider who is  
          authorized by law to prescribe an opioid antagonist to, if  
          acting with reasonable care, prescribe and subsequently dispense  
          or distribute an opioid antagonist to a person at risk of an  
          opioid-related overdose or to a family member, friend, or other  
          person in a position to assist a person at risk of an  
          opioid-related overdose.  In furtherance of that same goal, this  
          bill would authorize a licensed health care provider to issue  

                                                                      




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          standing orders<1> for the distribution and administration of an  
          opioid antagonist to any of those persons, in order to assist a  
          person at risk of an opioid-related overdose, or who is  
          experiencing or is reasonably suspected to be experiencing an  
          opioid overdose. 

          3.    Limited liability provisions reduce the ability of an  
            injured party to seek recovery and should therefore operate to  
            serve important public policy in a measured fashion  

          The existing pilot program provides a qualified immunity from  
          civil liability and criminal prosecution to licensed health care  
          providers who prescribe naloxone even when the opioid antagonist  
          is administered by and to someone other than the person to whom  
          it is prescribed, and to persons who administer the opioid  
          antagonist in an emergency to another person who they believe in  
          good faith to be experiencing an overdose.   In order to  
          increase the use of naloxone in emergency situations, this bill  
          not only expands the explicit authorization for licensed health  
          care providers to issue prescriptions and standing orders for  
          naloxone, but it also seeks to remove barriers in the  
          prescription, dispensing of, distribution, or administration of  
          this drug by providing certain immunities for both licensed  
          health care professionals and persons possessing, distributing,  
          or administering the drug.  

          Specifically, to reduce the hesitation of physicians or other  
          licensed health care providers in prescribing naloxone, this  
          bill would provide that a licensed health care provider who acts  
          with reasonable care shall not be subject to professional  
          review, be found liable in a civil action, or be subject to  
          criminal prosecution for issuing a prescription or standing  
          order in accordance with this bill.  As acknowledged by the  
          author, even in doing so, this bill will not prohibit a health  
          care provider from being sued for negligence.   

          Additionally, this bill seeks to reduce concerns of third  
          parties (family members or friends) who fear lawsuits, criminal  
          ---------------------------
          <1> Standing orders, which include protocols, generally  
          prescribe the action to be taken in caring for a patient with a  
          certain condition, including the dosage and route of  
          administration for a drug or the schedule for the administration  
          of a therapeutic procedure. The important characteristic of a  
          standing order is that all the patients who meet the criteria  
          for the order receive the same treatment.  

                                                                      




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          prosecution or being made subject to professional review for  
          administering this medication or simply being in possession of  
          this drug, by providing that notwithstanding any other law: (1)  
          a person who possesses or distributes an opioid antagonist  
          pursuant to a prescription or standing order shall not be  
          subject to professional review, be found liable in a civil  
          action, or be subject to criminal prosecution for this  
          possession or distribution; and (2) a person who acts with  
          reasonable care and administers an opioid antagonist to a person  
          who is experiencing or is suspected of experiencing an overdose  
          shall not be subject to professional review, be liable in a  
          civil action, or be subject to criminal prosecution for this  
          administration.

          As a general rule, California law provides that everyone is  
          responsible, not only for the result of his or her willful acts,  
          but also for an injury occasioned to another by his or her want  
          of ordinary care or skill in the management of his or her  
          property or person, except so far as the latter has, willfully  
                                                                      or by want of ordinary care, brought the injury upon himself or  
          herself.  (Civ. Code Sec. 1714(a).)  Although immunity  
          provisions are rarely preferable because they, by their nature,  
          prevent an injured party from seeking a particular type of  
          recovery, the Legislature has in limited scenarios approved  
          measured immunity from liability (as opposed to blanket  
          immunities) to promote other policy goals that could benefit the  
          public.  

              a.   This bill arguably promotes a policy goal of providing  
               emergency treatment in a safe and reasonable manner to save  
               lives  .   

             The California Attorneys for Criminal Justice, in support of  
            this bill, writes that "many drug-related overdose deaths are  
            caused by the attempt to avoid penalties.  Deterrence policies  
            that penalize California citizens for accessing medical  
            services in the event of an emergency drug overdose show  
            little to no effectiveness at reducing drug use.  Furthermore,  
            the costs of these deaths to the people of California far  
            outweigh any policy benefit of reduced drug use.  AB 635 would  
            facilitate the ability of licensed professionals to provide  
            aid to those who are in danger of opioid overdose without fear  
            of reprisal for themselves or for those receiving that help."

            Proponents of this bill also note that: 

                                                                      




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               The state's longest-running naloxone prescription program  
               in San Francisco has provided over 3600 take-home naloxone  
               prescriptions since 2003 through collaboration with the San  
               Francisco Department of Public Health, using a "standing  
               order" model with over 900 lives saved.  In addition,  
               prescribers at SFDPH public health clinics are  
               co-prescribing naloxone with prescription opioids to their  
               patients.  However, many licensed health care practitioners  
               still fear prescribing take-home opioid antagonists to  
               their patients because of potential civil and criminal  
               liability. 

            As a matter of public policy, given the information submitted  
            to the Committee, that generally demonstrates that opioid  
            antagonists such as naloxone can be safely administered by  
            trained individuals with substantial success and relatively  
            few and comparatively minor adverse outcomes for individuals  
            receiving the drug, the expansion of this program arguably  
            appears justified.  To the extent that qualified immunity  
            provisions may help foster the growth of such programs and  
            practices, this bill could feasibly help reduce the number of  
            unnecessary drug overdoses in this state, as noted by many of  
            the proponents of this bill.   As commented by the California  
            Public Defenders Association, writing in support of the bill:  
            "[t]his bill recognizes that an individual who is potentially  
            overdosing on an opioid substance should have the greatest  
            possible access to an opioid antagonist that may possibly save  
            that person's life." 

            Thus, the question necessarily becomes whether the proposed  
            immunity provisions would appropriately balance the public  
            policy of saving lives where there is a reasonable method of  
            providing assistance against the ability for an injured person  
            to seek recourse for injuries sustained as a result of the  
            administration of naloxone.  (See Comment 3b below for further  
            discussion). 

            b.    Amendments to ensure the immunity provisions are measured  

            As noted above, despite the general disfavoring of immunity  
            provisions for the reasons stated above, where there is a  
            generally safe, reliable, and easily administrable treatment  
            that can prevent unnecessary death, as a matter of public  
            policy, it may be appropriate to confer a limited immunity as  

                                                                      




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            a way of encouraging the provision of a potentially  
            life-saving treatment.  At the same time, qualified immunity,  
            as opposed to blanket immunity, is preferable to ensure a  
            party injured in the provision of this care can seek recourse  
            in the courts in appropriate circumstances. 

            Staff notes that this type of qualified immunity is not  
            without precedent under California law.  For example, there is  
            a comparable California statute under existing law relating to  
            automatic external defibrillators (AEDs), whereby this state  
            encourages the provision of emergency care with a reduced risk  
            of civil liability, in order to avoid preventable deaths. In  
            the AED context, however, the qualified immunity does not  
            apply in the case of personal injury or wrongful death which  
            results from the gross negligence or willful or wanton  
            misconduct by the person who uses the AED to render emergency  
            care.  (See Civ. Code Sec. 1714.21.)  

            Earlier this year, this Committee heard and approved a bill,  
            SB 669 (Huff), which sought to promote a wider use of  
            epinephrine auto injectors (commonly referred to as epi-pens)  
            to persons suffering anaphylactic shock due to an allergic  
            reaction, which can quickly lead to death without treatment.  
            To do so, that bill would have, among other things, provided  
            immunity to any trained lay person who administers, in good  
            faith, and without compensation, epinephrine auto injectors to  
            another person in emergency situations.  As amended in this  
            Committee, that bill now mirrors the AED statutes to make the  
            limited liability inapplicable where there was gross  
            negligence or willful or wanton misconduct by the person  
            rendering the emergency care. 

            Arguably, because this bill seeks to encourage the rendering  
            of emergency care in similar fashion (using naloxone as  
            opposed to an epinephrine auto-injector or an AED), the scope  
            of the immunity should also apply in similar fashion as well.   
            Although the limited liability provisions of this bill have  
            been drafted differently from the AED statute, the outcome  
            would arguably be the same in that the licensed care provider  
            must have acted with reasonable care in prescribing the opioid  
            antagonist or issuing a standing order for it, and that the  
            person administering the opioid antagonist must also have  
            acted reasonably. 
             
            That being said, as currently written, the bill is missing two  

                                                                      




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            of the elements in the qualified immunity provisions of the  
            AED statute and similar legislation passed out of this  
            Committee-namely, (1) that the unlicensed person was trained  
            and acted in compliance with that training, and (2) that the  
            emergency care was rendered in good faith, and not for  
            compensation (i.e. ensuring against application to, for  
            example, an emergency medical technician in the performance of  
            his or her job).  Those elements are currently reflected in  
            the qualified immunity provision of the existing pilot  
            program. The following amendments would achieve consistency in  
            law and also make a clarifying amendment:

             Suggested amendment: 

             On page 4, line 5, strike "Notwithstanding any other law," and  
            strike lines 7-10 inclusive. 

            On page 4, line 5, after period insert "Notwithstanding any  
            other law, a
            person not otherwise licensed to administer an opioid  
            antagonist, but trained as required under subdivision (d), who  
            acts with reasonable care in administering an opioid  
            antagonist, in good faith and not for compensation, to a  
            person who is experiencing or is suspected of experiencing an  
            overdose shall not be subject to professional review, be  
            liable in a civil action, or be subject to criminal  
            prosecution for this administration."

            On page 3, line 37 and on page 4, line 3, strike "found"


           Support  :  Berkeley Needle Exchange Emergency Distribution;  
          California Attorneys for Criminal Justice; California  
          Association of Alcohol and Drug Program Executives, Inc.  
          (CAADPE); California Opioid Maintenance Providers; California  
          Public Defenders Association; Civil Justice Association of  
          California (CJAC); City and County of San Francisco; Common  
          Ground, the Westside HIV Community Center; County Alcohol and  
          Drug Program Administrators Association of California (CADPAAC);  
          Drug Policy Alliance (DPA); Harm Reduction Therapy Center;  
          Homeless Health Care Los Angeles; Medical Board of California;  
          National Coalition Against Prescription Drug Abuse; San  
          Francisco Drug Users Union; Shasta Community Health Center; one  
          individual 
           

                                                                      




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          Opposition  :  None Known



                                        HISTORY
           
           Source  :  California Society of Addiction Medicine; Harm  
          Reduction Coalition

           Related Pending Legislation  :  SB 669 (Huff) See Comment 3.

           Prior Legislation :

          AB 2145 (Ammiano, Ch. 545, Stats. 2010) See Background.

          AB 767 (Ridley-Thomas, Ch. 477, Stats. 2007) See Background.

           Prior Vote  :

          Assembly Floor (Ayes 77, Noes 0)
          Assembly Judiciary Committee (Ayes 8, Noes 0) 

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