BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1535
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          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. 









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          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)  









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          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  








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            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  








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            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  








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            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  








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            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  








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            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  








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            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








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          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)  








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          319-3301