BILL ANALYSIS Ó AB 1535 Page 1 Date of Hearing: April 8, 2014 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Susan A. Bonilla, Chair AB 1535 (Bloom) - As Amended: April 1, 2014 SUBJECT : Pharmacists: naloxone hydrochloride. SUMMARY : Permits a pharmacist to furnish naloxone hydrochloride (NH) pursuant to standardized procedures or protocols developed and approved by the California Board of Pharmacy (BOP) and the Medical Board of California (MBC). Specifically, this bill : 1)Permits a pharmacist to furnish NH in accordance with standardized procedures or protocols developed and approved by both BOP and MBC, in consultation with the California Society of Addiction Medicine, the California Pharmacists Association, and other appropriate entities. 2)Requires BOP and MBC to include in the standardized procedures or protocols: a) Procedures to ensure education of the person to whom the drug is furnished, including, but not limited to, opioid overdose prevention, recognition, and response; safe administration of NH; potential side effects or adverse events; and the imperative to seek emergency medical care for the patient; b) Procedures to ensure education of the person to whom the drug is furnished regarding the availability of drug treatment programs; and, c) Procedures for the notification of the patient's primary care provider, with patient consent, of any drugs or devices furnished to the patient, or entry of appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider and with patient consent. 3)Prohibits a pharmacist furnishing NH from allowing a person receiving NH to waive the drug consultation. AB 1535 Page 2 4)Requires a pharmacist to complete a training program on the use of opioid antagonists that consists of at least one hour of approved continuing education on the use of NH, prior to furnishing NH pursuant to this bill. 5)Authorizes BOP and MBC to ensure compliance with this bill, and states that each board is specifically charged with enforcing it with respect to its respective licensees. 6)States that this bill shall not be construed to expand the authority of a pharmacist to prescribe any drug. EXISTING LAW : 1)Establishes BOP to administer and enforce the Pharmacy Law. (Business and Professions Code (BPC) Section 4001). 2)Establishes MBC to administer and enforce the Medical Practice Act. (BPC 2004) 3)Authorizes pharmacists to furnish emergency contraception drug therapy, self-administered hormonal contraceptives, nicotine replacement products, and administer immunizations in accordance with standardized procedures or protocols, as specified. (BPC 4052) 4)Authorizes pharmacists to furnish prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention (CDC) for individuals traveling outside of the United States. (BPC 4052) 5)Authorizes a pharmacist to provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention. (BPC 4052) 6)Authorizes a licensed health care provider to prescribe and dispense NH 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. (Civil Code (CC) Section 1714.22) AB 1535 Page 3 7)Authorizes a licensed health care provider to issue standing orders for the administration of NH to a person at risk of an opioid-related overdose, a family member, friend, or other person in a position to assist a person experiencing or reasonably suspected of experiencing an overdose. (CC 1714.22) 8)Requires a person who is prescribed or possesses NH pursuant to a standing order to receive training provided by an opioid overdose prevention and treatment training program operated by a local health jurisdiction or that is registered by a local health jurisdiction that provides, at a minimum, training in: a) The causes of an opiate overdose; b) Mouth to mouth resuscitation; c) How to contact appropriate emergency medical services; and, d) How to administer NH. (CC 1714.22) 9)Does not require a person who is prescribed NH directly from a licensed prescriber to receive training from an opioid prevention and treatment training program. (CC 1714.22) FISCAL EFFECT : Unknown COMMENTS : 1)Purpose of this bill . This bill will allow a pharmacist to furnish NH to a person at risk of an opioid-related overdose, a family member, friend, or other person in a position to assist a person experiencing or reasonably suspected of experiencing an overdose, pursuant to standardized procedures or protocols developed and approved by BOP and MBC. This bill will enable the wider distribution of a safe, easy-to-administer and life-saving drug in accordance with recommendations from the United States Department of Health and Human Services. This bill is sponsored by the Drug Policy Alliance. 2)Author's statement . According to the author's office, "Due to increases in the use and abuse of prescription painkillers in our state, prescription drug overdose is now the leading cause AB 1535 Page 4 of accidental death in California - killing more people than car accidents or gunshots. [NH] is a safe and effective antidote to opioid overdoses that, when administered by a family member or another witness, can prevent death or disability. Currently, [NH] is available only by prescription, or from programs operating under standing orders from a physician. This bill would improve access to this life-saving medication by allowing pharmacists to furnish naloxone in accordance with standardized procedures developed an approved by [MBC] and [BOP]." 3)Naloxone hydrochloride . NH is an antidote to opioids. It is traditionally used in the hospital setting to reverse the effects of opiates given during surgery, and may be given to newborns to decrease the effects of opiates received by the pregnant mother prior to delivery. It is currently available by prescription only, but is not a scheduled drug. NH reverses an overdose by blocking the central nervous system effects of several types of opiate medications such as morphine, oxycodone, methadone or illegal substances such as heroin. According to its Food and Drug Administration (FDA) approved label, NH only causes pharmacologic effects if there are opioids in someone's body. This means that if NH is administered to someone who is not overdosing, nothing will happen. NH is not addictive and has not shown to produce either physical or psychological dependence. According to the Opioid Overdose Toolkit from the Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the United States Department of Health and Human Services: "The safety profile of NH is remarkably high, especially when used in low doses and titrated to effect. When given to individuals who are not opioid-intoxicated or opioid-dependent, NH produces no clinical effects, even at high doses. Moreover, while rapid opioid withdrawal in tolerant patients may be unpleasant, it is not life-threatening. "NH can be safely be used to manage opioid overdose in pregnant women." NH is administered by injection into a large muscle, such as AB 1535 Page 5 the thighs, buttocks, or shoulder, or through a nasal spray, and can reverse the effects of an opioid overdose. The purpose is to restart the patient's breathing, but may not necessarily cause complete revival. NH is effective for 30-90 minutes, during which time emergency services should be sought for the patient. When injected into an overdose victim whose heart is still beating, "it's virtually 100% effective," said Wilson Compton, deputy director at the National Institute on Drug Abuse. According to the National Institute of Health, NH has a shelf life of approximately two years and should be stored at room temperature and away from direct light. A typical injectable or nasal spray NH kit costs $15-$25 per dose. 4)Current California pharmacist furnishing laws . California pharmacists are currently authorized to furnish the following medications without a prescription after appropriate training and pursuant to specified conditions: a) Emergency contraception drug therapy and self-administered hormonal contraceptives; b) Nicotine replacement products; c) Prescription medications not requiring a diagnosis that are recommended by CDC for individuals traveling outside of the United States; d) Administer immunizations; and, e) Initiate and administer epinephrine. 5)Community and first responder NH programs . Overdose is common among persons who use opioids, including heroin and prescription drug users. A study published in the 2006 Journal of Substance Abuse Treatment found that of 329 drug users, 64.6% had witnessed a drug overdose and 34.6% had experienced an unintentional drug overdose. The Network for Public Health Law says that 17 states, plus the District of Columbia, have adopted laws expanding access to NH. Many states limit access to certain first responders, but a trend towards wider access is emerging. For example, New York recently developed a pilot program to give a AB 1535 Page 6 nasal-spritzer form of the drug to police in Suffolk County. A Feb. 6, 2014 article in the Los Angeles Times reported that Suffolk County police reversed 172 of the 178 overdoses in which officers administered NH over the last 18 months. Community based programs have existed since 1996 to get NH into the hands of those able to help. The national advocacy organization Harm Reduction Coalition (HRC) reports that there are currently over 200 take-home naloxone programs in communities throughout the United States. These programs expand naloxone access to drug users and others by providing comprehensive training on overdose prevention, recognition, and response (including calling 911 and rescue breathing) in addition to prescribing and dispensing naloxone. These programs typically obtain NH via physician-directed standing orders, which enable NH to be distributed without reference to an individual patient. In 2010, HRC surveyed 50 of these programs and reported on their results in the February 17, 2012 Morbidity and Mortality Weekly Report (MMWR), a publication of the CDC. The survey found that since these programs first began, 53,032 persons were trained on the use of NH and the programs received reports of 10,171 overdose reversals. 6)Calls for greater access . There are several community-based efforts underway (discussed further below) to encourage physicians to prescribe NH concurrently with opioids for patients who meet criteria for higher overdose risk. However, data on concurrent prescription rates are limited and not suggestive of frequent application. 2013 Medi-Cal data provided by this bill's sponsors indicate that while 62% of Medi-Cal prescribers prescribe opioids, less than two tenths of one percent prescribe NH. Some community-based programs are urging a closer connection between primary care providers and opioid patients. For example, Project Lazarus and Operation OpioidSAFE in North Carolina are community-based, integrated prescription drug prevention programs that involve multiple tiers of intervention made up of family, social welfare groups, and medical professionals. According to those programs' own published results, they have proven very successful at reducing deaths among patients that are increased risk of narcotic abuse. However, the reach of such programs are AB 1535 Page 7 limited by their funding and geography. The findings of the 2012 MMWR report suggests that wider distribution of NH and training in its administration might prevent numerous deaths from opioid overdoses and save thousands of dollars in public funds. However, nearly half of the responding NH programs reported problems obtaining NH due to cost and supply chain availability. The MMWR report framed this as a significant public health issue: "To address the substantial increases in opioid-related drug overdose deaths, public health agencies could consider comprehensive measures that include teaching laypersons how to respond to overdoses and administer naloxone to those in need." 7)Role of pharmacists in furnishing NH . According to a March 2014 research letter published in the Journal of the American Medical Association, the highest-risk and highest-use group of opioid users is more likely to obtain opioids from a physician's prescription than from a drug dealer. And these prescriptions are filled at pharmacies. The Center for Pharmacy Services (CPS), a community pharmacy in Pittsburgh, Pennsylvania, collaborated with the Overdose Prevention Project to develop a model that enlists pharmacists in overdose prevention. The model uses pharmacists to educate patients and physicians about opioid safety and the effectiveness of prophylactic prescription of NH to prevent fatal overdose. Beginning in February 2011, patients presenting at CPS with a prescription for an opioid analgesic were offered counseling on opioid safety, including potential side effects, how to take opioid pain relievers safely, possible signs of opioid over-medication and/or overdose, and safe disposal of unused prescription medicines. Patients are also provided with opioid safety educational materials. The patient and/or caregiver also receives instruction on how to identify and effectively respond to an overdose and how to administer naloxone. In the CPS program, a patient who receives the opioid safety AB 1535 Page 8 education can request a prescription for NH. The pharmacist facilitates this by fax, sending a simple form to the prescribing physician requesting they sign an order to prescribe NH along with the opioids prescribed. This bill seeks to follow the CPS model by allowing pharmacists to furnish NH pursuant to a protocol, thereby streamlining the process by which an individual receives the drug. AB 1535 will require BOP and MBC to establish a protocol (essentially, formalized directions) requiring that furnishing pharmacists: a) Educate the patient on opioid overdose prevention, recognition, and response; safe administration of NH; potential side effects or adverse events; and the imperative to seek emergency medical care for the patient; b) Inform the patient about the availability of drug treatment programs; and, c) Notify the patient's primary care provider, with patient consent, of any drugs or devices furnished to the patient, or entry of appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider and with patient consent. 8) Arguments in support . The sponsor, Drug Policy Alliance, writes, "On behalf of the Drug Policy Alliance, a national advocate for drug policies based on science, compassion, health and human rights, we are proud to work in partnership with the California Pharmacy Association and Assemblymember Bloom to sponsor AB 1535. This bill, if passed, will permit pharmacists to furnish [NH], the opiate overdose reversal medicine, upon request to patients and others who may be present at the scene of an overdose, pursuant to protocols to be developed by the California Medical Board and the Board of Pharmacy?. "Public health experts agree that increasing access to [NH] is a key strategy in preventing drug overdose deaths. The AB 1535 Page 9 American Medical Association, the White House Office of National Drug Control Policy, and the Director of the National Institutes of Drug Abuse, among others, have called for expanded access to [NH]?. Pharmacists are consistently recognized as among the most highly trusted healthcare professionals. They are trained experts in working with patients at risk of the harms associated with prescription medications. Pharmacists interact with patients and their family members more often than many physicians. They are well positioned to provide overdose prevention information and [NH] to patients on long-term or high-dose opioid therapies, their caregivers, and others who may witness an accidental overdose." The sponsor, California Pharmacists Association, writes, "Solving America's drug abuse problem is one of the more complicated challenges facing us as a society. While there is no quick fix to solving the problem, increasing access to [NH] will have an immediate impact on the number of opioid overdose deaths in California. Just this month, U.S. Attorney General Eric Holder called for increased distribution of naloxone and Massachusetts Governor Deval Patrick issued emergency standing orders that would have the same effect as AB 1535. California should pass this bill to increase access to this life-saving medication." 9) Previous legislation . AB 635 (Ammiano) (Chapter 707, Statutes of 2013) expanded an existing pilot program which provides qualified immunity to licensed health care providers who prescribe NH by removing the program's sunset date, expanding the program's reach from seven to all counties, authorizing licensed health care providers to prescribe NH 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 NH. REGISTERED SUPPORT / OPPOSITION : Support California Pharmacists Association (sponsor) Drug Policy Alliance (sponsor) A New PATH AB 1535 Page 10 Addiction Research and Treatment Amity Foundation Behind the Orange Curtain Broadway Treatment Center Broken No More California Hospital Association California Mental Health Directors Association California Narcotic Officers' Association California Opioid Maintenance Providers California Retailers Association California Society of Addiction Medicine Center for Living and Learning CRI-HELP, Inc. Drug and Alcohol Addiction Awareness and Prevention Program Families ACT! Fred Brown Recovery Services Gateways Hospital and Mental Health Center Grief Recovery After a Substance Passing Health Officers Association of California Health Right 360 Hillview Mental Health Center Hope of the Valley Rescue Mission In Depth Legal Services for Prisoners with Children Los Angeles Centers for Alcohol and Drug Abuse Los Angeles Community Action Network Medical Board of California Motion Picture Association of America Not One More Paving the Way Foundation Phoenix House of Los Angeles Primary Purpose Sober Living Homes SHIELDS For Families Soberspace Solace The County Alcohol and Drug Program Administrators Association of California The Mary Magdalene Project Three individuals Opposition None on file. Analysis Prepared by : Sarah Huchel / B.,P. & C.P. / (916) AB 1535 Page 11 319-3301