BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 1311 AUTHOR: Hill AMENDED: April 10, 2014 HEARING DATE: April 24, 2014 CONSULTANT: Moreno SUBJECT : Public health: antimicrobial stewardship. SUMMARY : Requires general acute care hospitals, by July 1, 2015, to adopt and implement an antimicrobial stewardship policy, as specified; develop a physician supervised multidisciplinary antimicrobial stewardship committee, subcommittee, or workgroup; appoint at least one physician or pharmacist who has attended training specifically on antimicrobial stewardship to the committee, subcommittee, or workgroup, as specified; and, report antimicrobial stewardship program activities to appropriate hospital committees, as specified. Existing law: 1.Provides for the licensure and inspection of health facilities, including general acute care hospitals, by the Department of Public Health (DPH). 2.Requires general acute care hospitals to develop a process for evaluating the judicious use of antibiotics, the result of which is required to be monitored by appropriate representatives and committees involved in quality improvement activities. This bill: 1.Requires general acute care hospitals, by July 1, 2015, to: a. Adopt and implement an antimicrobial stewardship policy in accordance with guidelines established by the federal government and professional organizations; b. Develop a physician supervised multidisciplinary antimicrobial stewardship committee, subcommittee, or workgroup; c. Appoint to the committee, subcommittee, or workgroup, at least one physician or pharmacist who has attended training specifically on antimicrobial stewardship; including, but not limited to, a continuing education training program Continued--- SB 1311 | Page 2 offered by the federal Centers for Disease Control and Prevention (CDC), the Society for Healthcare Epidemiology of America (SHEA), or similar recognized professional organizations, or post graduate training with a concentration in antimicrobial stewardship; and, d. Report antimicrobial stewardship program activities to each appropriate hospital committee undertaking clinical quality improvement activities. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. COMMENTS : 1.Author's statement. According to the author, the CDC estimates that each year at least two million people are infected with - and at least 23,000 people die from - antibiotic resistant infections. Each year, antibiotic resistant infections result in at least $20 billion in direct health care costs and at least $35 billion in lost productivity. The CDC has listed antibiotic resistance as its top public health threat for 2014. Antimicrobial stewardship programs (ASPs) are critical tools for reducing antibiotic resistance, reducing healthcare costs, and improving patient outcomes. Current law requires that general acute care hospitals "develop a process for evaluating the judicious use of antibiotics." But while the law is intended to require stewardship programs at all hospitals, it doesn't specifically state so. The Infectious Diseases Society of America (IDSA) says that although California has "the first legislative mandate of its kind, it does not specify that hospitals must intervene to improve antimicrobial use, that is, to have an antimicrobial stewardship program." Due to this ambiguity, only 50 percent of hospitals have established an ASP and only 22 percent said they were influenced by current law to develop a stewardship program. 2.Background. According to the CDC, antibiotic resistance is a quickly growing, extremely dangerous problem. World health leaders have described antibiotic-resistant bacteria as "nightmare bacteria" that "pose a catastrophic threat" to people in every country in the world. Most infections occur in the community, like skin infections with Methicillin-resistant Staphylococcus aureus (MRSA) and sexually transmitted diseases. However, most deaths related to antibiotic resistance occur from drug-resistant infections picked up in healthcare settings, such as hospitals and SB 1311 | Page 3 nursing homes. According to a February 2013 joint letter from IDSA and the SHEA to the National Quality Forum, ample data exist from both inpatient and outpatient settings demonstrating that antibiotics are often prescribed sub-optimally or inappropriately. Antibiotics are misused in a variety of ways. They are often administered when they are not needed, continued when they are no longer necessary, or prescribed at the wrong dose. Broad-spectrum agents may be used unnecessarily against bacteria that are very susceptible or the wrong antibiotic may be given to treat a particular infection. Over the past 30 years, bacteria that are extremely resistant to traditional treatments or resistant to multiple drugs have spread widely among patients in healthcare settings. In some cases these pathogens have been pan-resistant, meaning that they are resistant to all available antibiotics. The unique nature of antibiotics, in which the use of the drugs in one patient can impact the effectiveness of the drug in a different patient, make antibiotic overuse a serious patient safety issue and public health threat. The World Health Organization has characterized antibiotic resistance as "a crisis that has been building up over decades, so that today common and life-threatening infections are becoming difficult or even impossible to treat." Resistant infections not only result in increased morbidity and mortality, but increased economic burdens. For example, studies have shown that antibiotic-resistant infections are associated with longer lengths of stay and increased mortality, both in the hospital and in intensive care units. 3.California's program. In February 2010, the DPH Healthcare Associated Infection (HAI) Program developed a statewide antimicrobial stewardship program initiative in order to strengthen and promote optimization of antimicrobial utilization in California health care facilities. According to DPH, the purpose of an antimicrobial stewardship program in a healthcare facility is to measure and promote the appropriate use of antimicrobials by selecting the appropriate agent, dose, duration and route of administration in order to improve patient outcomes, while minimizing toxicity and the emergence of antimicrobial resistance. Although guidelines exist for developing ASPs, there is limited information on practical implementation of these guidelines, particularly in resource-limited settings. According to DPH, its partners in this statewide initiative include the Division of Healthcare SB 1311 | Page 4 Quality and Promotion at CDC, Infectious Disease Association of California, and SHEA. According to the DPH website, current program activities include: a. Spotlight on ASP Project and Enrollment Questionnaire will help define ASP and at the same time spotlight volunteer hospitals that want to highlight and share with others their ASP progress; b. Utilization of a statewide assessment of ASPs present in California healthcare facilities (May 2010 - March 2011) to develop evidence-based recommendations on how to implement or strengthen ASPs given available resources and facility attributes; c. Consultative advice and practical evidence to facilities in order to gain administrative, pharmacy and provider buy-in; d. Regional collaborations among hospitals with similar difficulties and/or healthcare systems so that facilities can learn from one another about strategies; e. Developing recommendations on internal and external outcome antimicrobial metrics with a group of antimicrobial stewardship experts across California; f. Educating long-term care facilities on the benefits of ASPs and conducting research to better study the efficacy of antimicrobial oversight in the long-term care setting; and, g. Defining activities that comprise ASPs in California hospitals. 4.Prior legislation. SB 158 (Florez), Chapter 294, Statutes of 2008, established an infection surveillance, prevention, and control program within DPH to provide oversight of hospital prevention and reporting of general acute care hospital-associated infections, expanded the responsibilities of DPH's HAI Advisory Committee, and requires all hospitals to institute a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. SB 1058 (Alquist), Chapter 296, Statutes of 2008, established the Medical Facility Infection Control and Prevention Act, which requires hospitals to implement specified procedures for screening, prevention, and reporting specified health care associated infections also known as HAIs. Requires hospitals to report positive MRSA and other HAI test results to DPH and requires DPH to make specified information public on its website. SB 1311 | Page 5 SB 739 (Speier), Chapter 526, Statutes of 2006, created a state HAI advisory committee to make recommendations regarding reporting cases of HAI in hospitals. Requires each general acute care hospital, after January 1, 2008, to implement and annually report to DPH its implementation of infection surveillance and infection prevention process measures that have been recommended by CDC Healthcare Infection Control Practices Advisory Committee, as suitable for a mandatory public reporting program. Required, initially, these process measures to include the CDC guidelines for central line insertion practices, surgical antimicrobial prophylaxis, and influenza vaccination of patients and healthcare personnel. Requires DPH, in consultation with the HAI advisory committee, to make this information public no later than six months after receiving the data. Required that general acute care hospitals develop a process for evaluating the judicious use of antibiotics, the results of which shall be monitored jointly by appropriate representatives and committees involved in quality improvement activities. SB 1487 (Speier) of 2004 would have required specified hospitals to have written infection control plans and report to Office of Statewide Health Planning and Development (OSHPD) data, including the rate of HAIs and risk-adjusted infection rate data according to the risk-adjustment methodology determined by CDC. SB 1487 was vetoed by then Governor Schwarzenegger, who's veto message suggested that it was unnecessary because of other national efforts, which could call into question the quality and validity of the data without proper auditing, and because it would impose significant costs to hospitals and OSHPD. 5.Support. The California Hospital Association (CHA) writes that improving the use of antibiotics is an important patient safety and public health issue as well as a national priority. A growing body of evidence demonstrates that hospital-based programs dedicated to improving antibiotic use can both optimize the treatment of infections and reduce adverse events associated with antibiotic use. CHA states that these programs help clinicians improve the quality of patient care and improve patient safety through increased infection cure rates, reduced treatment failures, and increased frequency of correct prescribing for therapy and prophylaxis. SB 1311 | Page 6 6.Should the requirements under this bill be applied to other settings? This bill applies to acute care hospitals. However, according to DPH, the federal Department of Health and Human Services and the Center for Medicare and Medicaid Services stipulate that long-term care facilities should use antibiotics appropriately and encourage utilization of a consulting pharmacist to provide oversight. Additionally, citing existing California law that requires hospitals to monitor and evaluate the utilization of antibiotics, the IDSA, SHEA and Pediatric Infectious Disease Society issued a policy statement in April 2012 suggesting the implementation of ASPs throughout health care. SUPPORT AND OPPOSITION : Support: California Hospital Association Oppose: None received. -- END --