BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1748


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          Date of Hearing:   April 19, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1748  
          (Mayes) - As Amended April 14, 2016


                              As Proposed to be Amended


          SUBJECT:  PUPIL HEALTH:  OPIOID ANTAGONIST: LIABILITY


          KEY ISSUES:   


          1)SHOULD A PHYSICIAN WHO ISSUES A PRESCRIPTION FOR AN OPIOID  
            ANTAGONIST TO A SCHOOL DISTRICT, COUNTY OFFICE OF EDUCATION,  
            OR CHARTER SCHOOL IN ACCORDANCE WITH THE PROVISIONS OF  
            EXISTING LAW BE GIVEN QUALIFIED IMMUNITY FROM CIVIL AND  
            CRIMINAL LIABILITY FOR NEGLIGENCE, BUT NOT GROSS NEGLIGENCE OR  
            WILLFUL OR MALICIOUS MISCONDUCT, IN CONNECTION WITH THE  
            ISSUANCE OF THE PRESCRIPTION?


          2)SHOULD A VOLUNTEER TRAINED BY THE SCHOOL WHO ACTS WITH  
            REASONABLE CARE IN ADMINISTERING AN OPIOID ANTAGONIST IN AN  
            EMERGENCY TO PREVENT THE POSSIBLE DRUG OVERDOSE OF ANOTHER  
            PERSON BE GIVEN QUALIFIED IMMUNITY FROM CIVIL AND CRIMINAL  
            LIABILITY?


                                      SYNOPSIS








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          In response to a growing epidemic of opioid-related overdoses,  
          this bill seeks to authorize schools to obtain and stock a  
          supply of the prescription-only drug naloxone (or other  
          so-called opioid antagonists) which can reverse the effects of  
          an overdose and save the life of the person experiencing an  
          overdose.  This bill would require public schools to provide  
          naloxone or another opioid antagonist to trained personnel who  
          have volunteered to provide emergency medical aid to persons  
          suffering, or reasonably believed to be suffering, from an  
          opioid overdose.  As proposed to be amended, the bill also would  
          authorize school nurses and other trained volunteers to  
          administer naloxone or another opioid antagonist in emergency  
          overdose situations, and would provide qualified immunity for  
          prescribing and administering an opioid antagonist, as  
          specified.  The bill also sets forth various procedures for  
          tracking the use of such auto-injectors in such school  
          emergencies, and it requires public schools to ensure that each  
          employee who volunteers is provided defense and indemnification  
          by the school district, county office of education, or charter  
          school for any and all civil liability, as specified.  Finally,  
          the bill would also authorize a public school to accept gifts,  
          grants, and donations from any source for the support of the  
          public school carrying out these provisions.  The author has  
          proposed a number of amendments to the bill to address the  
          concerns of the California School Employees Association (CSEA)  
          regarding workability and liability issues for their members,  
          many of whom serve as trained volunteers to provide emergency  
          care in other situations.  At the time of this analysis, it is  
          believed that CSEA has removed its opposition with the author's  
          commitment to take the proposed amendments discussed in this  
          analysis.


          Keen observers of the Legislature will recognized that lawmakers  
          have enacted a number of bills in recent years authorizing lay  
          people and trained volunteers in schools to voluntarily render  
          medical aid in specific emergency situations, such as  








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          administering cardiopulmonary resuscitation (CPR), an automated  
          external defibrillator (AED), an epinephrine auto-injector  
          (epi-pen), naloxone hydrocholoride (or other opioid antagonist),  
          and emergency antiseizure medication to students with epilepsy  
          (Diastat), among other things.  The California Teachers  
          Association opposes this bill because it is apparently concerned  
          about a growing trend towards enacting new laws that make  
          teachers and other school employees increasingly responsible for  
          administering emergency medical care to students, even if  
          nominally done on a "volunteer" basis after receiving basic  
          training.  They contend that the health and safety of children  
          are best met through the services of credentialed school nurses,  
          and that "there is absolutely no reason for education employees,  
          other than trained school nurses, to be recruited to administer  
          medications."  This bill previously passed the Assembly  
          Education by a 7-0 vote.


          SUMMARY:  Provides qualified immunity to a physician who issues  
          a prescription for an opioid antagonist to a school district,  
          county office of education, or charter school, and to a trained  
          volunteer at the school who administers it to a person  
          experiencing an overdose. Specifically, this bill, among other  
          things:   


          1)Authorizes a pharmacy to furnish naloxone or another opioid  
            antagonist to a school district, county office of education  
            (COE), or charter school if both of the following are true:  
            (a) the naloxone or another opioid antagonist is furnished  
            exclusively for use at a school district schoolsite, COE  
            schoolsite, or charter school; and (b) a physician and surgeon  
            provides a written order that specifies the quantity of  
            naloxone or other opioid antagonist to be furnished.


          2)Authorizes school districts, COEs and charter schools to  
            provide emergency naloxone or another opioid antagonist to  
            school nurses or trained personnel for the purpose of  








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            providing emergency medical aid to persons suffering, or  
            reasonably believed to be suffering, from an opioid overdose.   
            Requires the school district, COE, or charter school to  
            provide the required training at no cost to the volunteer and  
            during the volunteer's regular working hours if it chooses to  
            exercise this authority.


          3)Defines the following terms:


             a)   "Authorizing physician and surgeon" may include, but is  
               not limited to, a physician and surgeon employed by, or  
               contracting with, a local educational agency, a medical  
               director of the local health department, or a local  
               emergency medical services director.


             b)   "Volunteer" or "trained personnel" means an employee who  
               has volunteered to administer naloxone or another opioid  
               antagonist to a person if the person is suffering, or  
               reasonably believed to be suffering, from an opioid  
               overdose, has been designated by a school, and has received  
               specified training.


          4)Authorizes each public and private elementary and secondary  
            school to designate one or more volunteers to receive initial  
            and annual refresher training regarding the storage and  
            emergency use of naloxone from the school nurse or other  
            qualified person designated by an authorizing physician and  
            surgeon.  Requires the school district, COE, or charter school  
            to provide the required training at no cost to the volunteer  
            and during the volunteer's regular working hours if it chooses  
            to exercise this authority.
          5)Clarifies that no benefit shall be granted to or withheld from  
            any individual based on his or her offer to volunteer and  
            there shall be no retaliation against any individual for  
            rescinding his or her offer to volunteer, including after  








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            receiving training.


          6)Requires the Superintendent of Public Instruction (SPI) to  
            establish minimum standards of training for the administration  
            of naloxone or another opioid antagonist and to review the  
            minimum standards of training every five years, or sooner as  
            deemed necessary by the SPI.  Requires the SPI to consult with  
            organizations and providers with expertise in administering  
            naloxone and administering medication in a school environment.


          7)Requires the training to include, among other things: (a)  
            techniques for recognizing symptoms of an opioid overdose; (b)  
            standards and procedures for the storage, restocking, and  
            emergency use of naloxone; and (c) written materials covering  
            the information required in the training.


          8)Requires the Department of Education to include, on its  
            Internet Web site, a clearinghouse for best practices in  
            training nonmedical personnel to administer an emergency  
            opioid antagonist medication to pupils.  Further requires the  
            training to specify basic emergency follow-up procedures,  
            including, but not limited to, a requirement for the school or  
            charter school administrator or, if the administrator is not  
            available, another school staff member to call the emergency  
            911 telephone number and to contact the pupil's parent or  
            guardian.  Clarifies that the requirement for the school or  
            charter school administrator or other school staff member to  
            call the emergency 911 telephone number shall not require a  
            pupil to be transported to an emergency room.


          9)Requires any school district, COE, or charter school electing  
            to utilize naloxone for emergency aid to distribute a notice  
            at least once per school year to all staff containing the  
            following information:









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             a)   A description of the volunteer request stating that the  
               request is for volunteers to be trained to administer  
               naloxone or another opioid antagonist to a person if the  
               person is suffering, or reasonably believed to be  
               suffering, from an opioid overdose; and,
             b)   A description of the training that the volunteer will  
               receive.


             c)   The right of an employee to rescind his or her offer to  
               volunteer.


             d)   A statement that no benefit will be granted to or  
               withheld from any individual based on his or her offer to  
               volunteer and there will be no retaliation against any  
               individual for rescinding his or her offer to volunteer,  
               including after receiving the training.


          10)Requires a qualified supervisor of health at a school  
            district, COE, or charter school electing to utilize naloxone  
            or another opioid antagonist for emergency aid to do the  
            following:
             a)   Obtain from an authorizing physician and surgeon a  
               prescription for each school for naloxone or another opioid  
               antagonist.
             b)   Be responsible for stocking the naloxone or another  
               opioid antagonist and restocking it if it is used.  


          11)Provides that a school nurse or, if the school does not have  
            a school nurse or the school nurse is not onsite or available,  
            a volunteer may administer naloxone or another opioid  
            antagonist to a person exhibiting potentially life-threatening  
            symptoms of an opioid overdose at school or a school activity  
            when a physician is not immediately available.  Clarifies that  
            a volunteer may only administer naloxone or another opioid  








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            antagonist by nasal spray.


          12)Provides that an authorizing physician and surgeon shall not  
            be subject to professional review, be liable in a civil  
            action, or be subject to criminal prosecution for the issuance  
            of a prescription or order pursuant to this bill, unless the  
            physician and surgeon's issuance of the prescription or order  
            constitutes gross negligence or willful or malicious conduct.





          13)Requires a school district, COE, or charter school electing  
            to utilize naloxone or another opioid antagonist for emergency  
            aid to ensure that each employee who volunteers under this  
            section will be provided defense and indemnification by the  
            school district, COE, or charter school for any and all civil  
            liability, in accordance with, but not limited to, that  
            provided in Division 3.6 (commencing with Section 810) of  
            Title 1 of the Government Code.  Further requires this  
            information to be reduced to writing, provided to the  
            volunteer, and retained in the volunteer's personnel file.
          14)Provides, notwithstanding any other law, that a person  
            trained as required under this act, who administers naloxone  
            hydrochloride or another opioid antagonist, in good faith and  
            not for compensation, to a person who appears to be  
            experiencing an opioid overdose shall not be subject to  
            professional review, be liable in a civil action, or be  
            subject to criminal prosecution for his or her acts or  
            omissions in administering the naloxone hydrochloride or  
            another opioid antagonist.  Provides, however, that this  
            protection shall not apply in a case of gross negligence or  
            willful or wanton misconduct of the person who renders  
            emergency care treatment by the use of naloxone hydrochloride  
            or another opioid antagonist.










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          15)Clarifies that any public employee who volunteers to  
            administer naloxone or another opioid antagonist under this  
            act is not providing emergency medical care "for  
            compensation," notwithstanding the fact that he or she is a  
            paid public employee.


          16)Authorizes a state agency, the department, or a public school  
            to accept gifts, grants, and donations from any source for the  
            support of the public school carrying out this act, including,  
            but not limited to, the acceptance of naloxone hydrochloride  
            or another opioid antagonist from a manufacturer or  
            wholesaler.


          EXISTING LAW:   


          1)Under the Government Tort Claims Act, establishes that except  
            as otherwise provided by statute, a public employee is not  
            liable for an injury resulting from his act or omission where  
            the act or omission was the result of the exercise of the  
            discretion vested in him, whether or not such discretion be  
            abused.  (Government Code Section 820.2.)


          2)Provides that no person who in good faith, and not for  
            compensation, renders emergency medical or nonmedical care at  
            the scene of an emergency shall be liable for any civil  
            damages resulting from any act or omission other than an act  
            or omission constituting gross negligence or willful or wanton  
            misconduct.  (Health and Safety Code Section 1799.102.)


          3)Provides that a licensed health care provider who is  
            authorized by law to prescribe an opioid antagonist may, 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,  








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            friend, or other person in a position to assist a person at  
            risk of an opioid-related overdose.  (Civil Code Section  
            1714.22 (b).)


          4)Provides that a licensed health care provider who is  
            authorized by law to prescribe an opioid antagonist may issue  
            standing orders for the distribution or the administration 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.  (Civil Code Section 1714.22 (c).)


          5)Provides that a licensed health care provider who acts with  
            reasonable care shall not be subject to professional review,  
            be liable in a civil action, or be subject to criminal  
            prosecution for issuing a prescription or order pursuant to  
            these provisions.  (Civil Code Section 1714.22 (e).)


          6)Provides 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 liable in a civil action, or be  
            subject to criminal prosecution for this possession or  
            distribution.  Further provides that a person not otherwise  
            licensed to administer an opioid antagonist, but trained as  
            required and 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.  (Civil Code Section  
            1714.22 (f).)


          7)Establishes a similar program to have public schools provide  
            emergency epinephrine auto-injectors to trained personnel who  








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            have volunteered to provide emergency medical aid to persons  
            suffering, or reasonably believed to be suffering, from an  
            anaphylactic reaction.  (Education Code Section 49414,  
            Business & Professions Code Section 4119.2.) 


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  In response to a growing epidemic of opioid-related  
          overdoses, this bill seeks to authorize schools to obtain and  
          stock a supply of the prescription-only drug naloxone (or other  
          so-called opioid antagonists) which can reverse the effects of  
          an overdose and save the life of the person experiencing an  
          overdose.  The bill also would authorize school nurses and other  
          trained volunteers to administer naloxone or another opioid  
          antagonist in emergency overdose situations, and would provide  
          qualified immunity for prescribing and administering an opioid  
          antagonist, as specified.  Among other things, the bill would  
          also require the Superintendent of Public Instruction (SPI) to  
          establish minimum standards for training, in consultation with  
          appropriate organizations having expertise in administering  
          naloxone.  


          According to the author:


            Naloxone (sold under the brand name Narcan) is a  
            medication that can block the effects of opioid overdoses.  
             In November 2015, the FDA approved an easy-to-use  
            variant, administered by nasal spray, and in January 2016  
            at the Clinton Health Matters Summit, the manufacturer  
            offered two free doses of Narcan nasal spray to every high  
            school in the United States.  Unfortunately, current  
            California law does not provide the authority for schools  
            to accept, stock, or administer opioid overdose antidotes.  
             Recognizing the life-saving promise of the medication,  
            other states have already passed legislation providing  








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            this authority, including Illinois, New York, Oklahoma,  
            and Rhode Island.


            Closely paralleling existing statutes, AB 1748 provides  
            schools with the authority to stock opioid antagonists  
            like naloxone, and grants school nurses and other trained,  
            volunteer employees the authority to administer it.  It  
            also provides certain exemptions from liability for  
            individuals acting in good faith.  AB 1748 will directly  
            address the growing epidemic of opioid abuse, potentially  
            saving the lives of young Californians.


          Background on opioid overdose epidemic.  According to the  
          author, data show that drug overdoses are now the leading cause  
          of injury death in the United States, even surpassing motor  
          vehicle crash deaths.  According to the Centers for Disease  
          Control and Prevention (CDC), nearly half a million people died  
          from drug overdoses from 2000 to 2014, and the majority of drug  
          overdose deaths involve an opioid, including prescription pain  
          relievers and heroin.  The most common prescription drugs  
          involved in overdose deaths include methadone, oxycodone  
          (OxyContin) and hydrocodone (Vicodin).  More recently, fentanyl,  
          a pain reliever that is 50 to 100 times more potent than  
          morphine, has been found in prescription painkiller Norco or  
          what individuals thought was Norco, killing 10 people in the  
          Sacramento area within a two week period.


          Overdose is a growing problem even among school-age youth.  The  
          2014 National Survey on Drug Use and Health reported an  
          estimated 0.7 percent of adolescents aged 12 to 17  
          (approximately 168,000 adolescents) had a pain reliever use  
          disorder in 2014, while 18,000 adolescents, representing 0.1  
          percent of those in the same age group, had a heroin use  
          disorder in 2014.  The survey also showed that 50.5% of people  
          who misused prescription painkillers obtained them from a friend  
          or relative, and not through a personal prescription.








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          Background on properties of naloxone, a common opioid  
          antagonist.  Opioid antagonists are a group of drugs routinely  
          used in hospitals and in pre-hospital settings (i.e. by  
          paramedics in the field) on patients who are suspected to be  
          overdosing on opioids such as heroin, methadone, or oxycodone.   
          The most common type of opioid antagonist is known as naloxone  
          hydrochloride (or its brand name "Narcan"), and is approved by  
          the federal Food and Drug Administration for the treatment of an  
          opioid overdose.  (Hereafter, this analysis will use the term  
          "naloxone" interchangeably with the term "opioid antagonist.")


          Opioid overdoses are characterized by central nervous system and  
          respiratory depression, leading to coma and death.  Naloxone,  
          like other opioid antagonists, has the ability to counteract  
          depression of the central nervous and respiratory system caused  
          by an opioid overdose.  Naloxone is administered by a syringe or  
          an auto-injector into a large muscle or given under the skin,  
          and was recently approved by the FDA in a nasal spray form.   
          Naloxone takes effect after around two minutes, with effects  
          lasting around 45 minutes, potentially saving the person's life.  
           A New York Times article published August 21, 2005 ("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  








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            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. 


          Naloxone can reverse the effects of an opioid overdose very  
          quickly.  Naloxone is effective for 20 to 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.  


          Role of trained volunteers in preventing opioid overdoses in  
          schools.  According to the California School Nurses  
          Organization, the ratio of school nurse to student in 2014-15  
          was 1 to 3,048, with just a total of 2,391 nurses for the 6.2  
          million students in the state.  As noted by the Assembly  
          Education Committee, without a nurse located at each schoolsite,  
          there have been several recent laws that have authorized  
          employee volunteers, after receiving training, to administer  
          particular forms of immediate medical aid to students in varying  
          degrees of distress (e.g., an epi-pen in response to an  
          anaphylactic reaction; an automated external defibrillator (AED)  
          in response to an episode of cardiac arrest).  Like those  
          examples, this bill seeks to authorize volunteers, as defined,  
          to administer naloxone or another opioid antagonist to persons  
          who may be experiencing an opioid overdose.  Here, the trained  
          volunteer is only permitted to administer the naloxone if the  
          school does not have a school nurse, or if the school nurse is  
          not onsite or available at the time the naloxone needs to be  
          administered to a person exhibiting potentially life-threatening  
          symptoms of an opioid overdose.


          Under this bill, a "volunteer" is defined as someone who is an  
          employee who: (1) has volunteered to administer naloxone to a  








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          person experiencing an overdose; (2) is designated by the  
          school; and (3) had received specified training from the school.  
           This bill requires the Superintendent of Public Instruction to  
          develop minimum standards for training volunteers, with the  
          training to be provided by a school nurse or other qualified  
          person designated by an authorizing physician and surgeon.  The  
          bill requires the training to cover techniques for recognizing  
          symptoms of an opioid overdose; standards and procedures for  
          storage, restocking, and emergency use of naloxone; emergency  
          follow-up procedures; and the importance of instruction and  
          certification in cardiopulmonary resuscitation.  


          Volunteers' roles and responsibilities: Proposed author's  
          amendments.  The author has proposed to amend the bill in this  
          Committee to further clarify the role of volunteers within the  
          new statutory framework to enable emergency naloxone treatment  
          in school emergencies.  Recent amendments made in Education  
          Committee allow a volunteer to rescind his or her offer to act  
          as a volunteer at any time, including after having received the  
          training.  As proposed to be amended, the bill would establish  
          protections against retaliation for not volunteering or  
          rescinding an offer to volunteer.  Specifically, the proposed  
          amendment establishes in the Education Code that no benefit  
          shall be granted to or withheld from any individual based on his  
          or her offer to volunteer, and there shall be no retaliation  
          against any individual for rescinding his or her offer to  
          volunteer, including after receiving training.  In addition, the  
          author proposes an amendment to require an existing annual  
          notice to inform all staff of a volunteer's right to rescind his  
          or her agreement to be a volunteer, and to contain a statement  
          describing the above anti-retaliation protections.  Proposed  
          amendments also would delete language requiring volunteers "to  
          initiate emergency medical services or other appropriate medical  
          follow-up," and instead expand the required training materials  
          to include directions for administrators or other persons to  
          call emergency 911 and the pupil's family when there is an  
          emergency.









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          Finally, as proposed to be amended, recent language allowing  
          volunteers to administer naloxone or other opioid antagonist in  
          the form the volunteer is most comfortable with (i.e. syringe,  
          auto-injector or nasal spray) is deleted and replaced with  
          language specifying that volunteers may only administer naloxone  
          or another opioid antagonist by nasal spray, and not in any  
          other form.  These proposed amendments are intended to address  
          various concerns raised by the California School Employee  
          Association (CSEA) about the rights and responsibilities of  
          their members, who often feel pressured to serve as trained  
          volunteers to provide emergency care despite not having medical  
          judgment or training.


          Funding concerns: Proposed author's amendments.  In order to  
          address CSEA concerns that the bill should ensure funding for  
          the training and costs of the medication, lest the financial  
          burden fall upon school employees, the author proposes to amend  
          the bill to state that the school district, COE, or charter  
          school shall provide the required training at no cost to the  
          volunteer and during the volunteer's regular working hours, if  
          it chooses to establish a trained volunteer program for naloxone  
          administration.


          Volunteer immunity from liability: Proposed author's amendments.  
           In recent years this Committee has heard, and the Legislature  
          has enacted, bills seeking an express immunity from liability  
          for lay people (or off-duty professionals) who voluntarily  
          render medical aid in a specific emergency situation, such as  
          administering cardiopulmonary resuscitation (CPR) or applying an  
          automated external defibrillator (AED), among other voluntary  
          actions.  Under existing common law tort rules, however, a  
          person who voluntarily comes to the aid of another person  
          suffering a medical emergency would be immune from liability so  
          long as that person acted in a reasonably prudent manner under  
          the circumstances.  In addition, in 2009, California adopted a  
          so-called "Good Samaritan" statute, Heath & Safety Code Section  








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          1799.102, which grants qualified immunity to any person who  
          renders medical or non-medical aid in an emergency, so long as  
          that person acts in good faith and not for compensation, and so  
          long as that person's conduct is not grossly negligent or  
          willful or wanton. 


          As currently in print, however, this bill provides far more  
          immunity from liability to a trained volunteer who administers  
          naloxone than is appropriate, and far more than the Good  
          Samaritan statute or other similar laws provide.  (See, e.g.,  
          Civil Code Section 1714.23, subd. (b) and (c), providing  
          immunity from liability for persons administering an epinephrine  
          auto-injector in an anaphylaxis emergency situation.)  In fact,  
          this bill provides near complete immunity to a trained volunteer  
          because there is no exception made even when that person's  
          actions constitute gross negligence or willful or wanton  
          misconduct.


          In order to address this apparent oversight, the author proposes  
          to amend the bill to revise the immunity from liability  
          provisions for trained volunteers so that it closely reflects  
          the same standard that applies in the epinephrine auto-injector  
          statute, Civil Code Section 1714.23, the same statute that,  
          according to the author, this bill is closely modeled after.   
          Accordingly, the proposed amendment requires the person  
          administering the naloxone emergency care to be acting in good  
          faith and not for compensation, and does not provide immunity to  
          conduct constituting gross negligence or willful or wanton  
          misconduct.  


          The proposed amendment, at the request of CSEA, also includes  
          clarifying language about the meaning of the term "not for  
          compensation."  It clarifies that a public employee shall, for  
          purposes of determining immunity from liability, be considered  
          to be administering emergency naloxone care "not for  
          compensation" notwithstanding the fact that the person is a paid  








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          public employee compensated for performing his or her ordinary  
          job duties.  Because a trained volunteer in the naloxone program  
          described here is indeed volunteering to be trained and to  
          assume this responsibility-and is not receiving any compensation  
          for this volunteer task-it is entirely appropriate to clarify  
          that they act "not for compensation" when they administer  
          emergency naloxone or another opioid antagonist care in an  
          overdose situation.  The Committee believes this is true even if  
          a trained volunteer were to receive reimbursement for ordinary  
          travel costs associated with, for example, attending a naloxone  
          training-especially in light of other proposed amendments that  
          require the school or school district to provide the required  
          training at no cost to the volunteer and during the volunteer's  
          regular working hours.


          These amendments appear below for illustrative purposes:


             On page 7, delete lines 33 to 39, and insert:


             (k) (1) Notwithstanding any other law, a person trained as  
             required under subdivision (d), who administers naloxone  
             hydrochloride or another opioid antagonist, in good faith and  
             not for compensation, to a person who appears to be  
             experiencing an opioid overdose shall not be subject to  
             professional review, be liable in a civil action, or be  
             subject to criminal prosecution for his or her acts or  
             omissions in administering the naloxone hydrochloride or  
             another opioid antagonist.


             (2) The protection specified in paragraph (1) shall not apply  
             in a case of gross negligence or willful or wanton misconduct  
             of the person who renders emergency care treatment by the use  
             of naloxone hydrochloride or another opioid antagonist.










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             (3) Any public employee who volunteers to administer naloxone  
             or another opioid antagonist pursuant to subdivision (d) is  
             not providing emergency medical care "for compensation,"  
             notwithstanding the fact that he or she is a paid public  
             employee.


          Indemnification and defense for volunteers.  This bill would  
          authorize public schools, COEs, and charter schools to provide  
          emergency naloxone or another opioid antagonist to trained  
          personnel who have volunteered to provide emergency medical aid  
          to persons suffering, or reasonably believed to be suffering,  
          from an opioid overdose.  Private schools may voluntarily  
          determine whether or not to make available naloxone or other  
          opioid antagonists and personnel trained in administering it.


          Accordingly, this bill would require that a school district,  
          COE, or charter school ensure that each employee who volunteers  
          to administer naloxone be provided defense and indemnification  
          by the school district, COE, or charter school for any and all  
          civil liability.  This language is modeled upon an existing  
          provision of the Education Code that provides authorization for  
          schools to allow nonmedical employees to administer medical  
          assistance to pupils with epilepsy suffering from seizures.   
          (See Education Code Section 49414.7 (i).)  The language would  
          appear to preserve any recourse that the students and their  
          families might have under existing law for injuries suffered as  
          a result of the administration of the naloxone or other opioid  
          antagonist, while still affording adequate protection from the  
          costs of litigation and any liability for damages thereof to  
          volunteering employees who attempt to render life-saving  
          emergency care in accordance with their training.  


          Immunity for doctors and school nurses.  The bill authorizes  
          public schools, COEs, and charter schools to provide emergency  
          naloxone or another opioid antagonist to school nurses (in  
          addition to trained volunteers) for the purpose of providing  








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          emergency medical aid to persons suffering, or reasonably  
          believed to be suffering, from an opioid overdose.  Unlike  
          school employees serving as trained volunteers in this case,  
          school nurses are professionally trained and compensated for the  
          specific purpose of rendering medical care, in both emergency  
          and non-emergency settings.   As such they are held to a higher  
          standard of care and entitled to less immunity for their  
          negligent actions.  In the performance of his or her  
          professional duties, a nurse is required to exercise ordinary or  
          reasonable care to see that no unnecessary harm comes to his or  
          her patient.  (Ybarra v Spangard (1944) 25 Cal2d 486; Oldis v La  
          Societe Francaise De Bienfaisance Mutuelle (1955) 130 Cal App2d  
          461.)  Accordingly, school nurses do not receive the immunity  
          from liability specified in subdivision (k) of this bill.  


          It should be noted, however, that because school nurses are  
          public employees, they are covered under the Government Tort  
          Claims Act, which establishes that, except as otherwise provided  
          by statute, a public employee is not liable for an injury  
          resulting from his act or omission where the act or omission was  
          the result of the exercise of the discretion vested in him,  
          whether or not such discretion be abused.  (Gov. Code Section  
          820.2.)


          With respect to doctors, this bill does provide a special  
          immunity not for the act of administering naloxone treatment,  
          but for prescribing the drug or issuing a standing order to  
          furnish some amount of the drug to a school or school district.   
          Specifically, the bill provides that an authorizing physician  
          and surgeon shall not be subject to professional review, be  
          liable in a civil action, or be subject to criminal prosecution  
          for the issuance of a prescription or order pursuant to this  
          bill, unless the physician and surgeon's issuance of the  
          prescription or order constitutes gross negligence or willful or  
          malicious conduct.  This reflects existing immunity provisions  
          already extended to doctors for prescribing naloxone that was  
          enacted by AB 635 (Ammiano) Chap. 707, Stats. 2013, which at the  








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          time was approved to encourage more doctors to prescribe the  
          drug or issue standing orders for its increased distribution.   
          (See Civil Code Sec. 1714.22 (e).)


          ARGUMENTS IN SUPPORT:  The Drug Policy Alliance supports this  
          bill, writing:


               As drug overdose is now the leading cause of accidental  
               death in California and the United States, with opioids  
               being the leading cause--all appropriate steps must be  
               taken to make the antidote to opioid overdose as widely  
               available as possible.


               Naloxone hydrochloride is a safe, low-cost generic  
               medication first approved by the FDA in 1971.  It has been  
               extensively researched and widely used for four decades by  
               physicians and other healthcare providers responding to an  
               overdose. Naloxone is nonnarcotic, does not produce  
               intoxication, and has no potential for addiction or abuse.   
               It is easy to administer, either by injection or  
               intra-nasally via a nasal-spray atomizer.  It has no effect  
               if administered to someone who is not overdosing on  
               opioids.


               Public health experts agree that increasing access to  
               naloxone is a key strategy in preventing drug overdose  
               deaths.  The American Medical Association, the White House  
               Office of National Drug Control Policy, the US Department  
               of Justice, and the Director of the National Institutes of  
               Drug Abuse, among others, have called for expanded access  
               to naloxone.


               California law currently provides for administration of  
               naloxone by laypersons that meet specified training  








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               standards under Civil Code 1714.22.  However, there is no  
               explicit statutory authority for schools to accept, stock,  
               or administer opioid overdose antidotes.  For these  
               reasons, Drug Policy Alliance supports AB 1748.


          ARGUMENTS IN OPPOSITION:  The California Teachers Association  
          opposes this bill because it is apparently concerned about a  
          growing trend towards enacting new laws that make teachers and  
          other school employees increasingly responsible for  
          administering emergency medical care to students, even if  
          nominally done on a "volunteer" basis after receiving basic  
          training.  As mentioned above, the Legislature has enacted a  
          number of bills in recent years authorizing lay people, and  
          particularly trained volunteers in schools, to voluntarily  
          render medical aid in specific emergency situations, such as  
          administering cardiopulmonary resuscitation (CPR), an automated  
          external defibrillator (AED), an epinephrine auto-injector  
          (epi-pen), naloxone hydrocholoride (or other opioid antagonist),  
          and emergency antiseizure medication to students with epilepsy  
          (Diastat), among other things.  CTA states:


               Our teachers have long standing organizational policy,  
               written and adopted by CTA elected leaders stating "CTA  
               believes the health and safety of children are best met  
               through the services of a credentialed school nurse" and  
               "certificated instructional staff shall not be required to  
               perform these services."  Given the flexibility to local  
               education agencies under the Local Control Funding Formula,  
               there is absolutely no reason for education employees,  
               other than trained school nurses, to be recruited to  
               administer medications.


               In many school settings, probationary and temporary  
               educators, along with classified employees, are "asked" to  
               be a trained volunteer.  Their failure to agree to  
               volunteer impacts their contract status.  While we are  








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               extremely sympathetic to every occurrence during the school  
               day resulting in medical intervention, there is no language  
               in the measure prohibiting school administrators from  
               unduly influencing and/or pressuring non-medically trained  
               school employees to volunteer to be trained to respond in  
               this kind of medical emergency.


          As discussed earlier, the author has proposed amendments to  
          establish protections for school employees against retaliation  
          for not volunteering or rescinding an offer to volunteer to  
          administrate naloxone within the framework proposed by this  
          bill.  It is not known whether this amendment, which was taken  
          to address concerns raised by CSEA, is also sufficient to  
          address CTA's particular concerns as expressed in the second  
          paragraph of their letter above.


          Prior Legislation:  SB 1266 (Huff), Chap. 321, Stats. 2014,  
          required school districts, COEs, and charter schools to provide  
          emergency epinephrine auto-injectors to school nurses or trained  
          personnel who have volunteered, as specified.  Among other  
          things, this bill also authorized school nurses or trained  
          personnel to use the epinephrine auto-injectors to provide  
          emergency medical aid to persons suffering, or reasonably  
          believed to be suffering, from an anaphylactic reaction.


          AB 635 (Ammiano), Chap. 707, Stats. 2013, revised certain  
          provisions from the current pilot program authorizing  
          prescription of opioid antagonists for treatment of drug  
          overdose and limiting civil and criminal liability, expanded  
          these provisions statewide, and removed the 2016 sunset date for  
          the pilot program.  Among other things, this bill permitted a  
          licensed health care provider who is authorized by law to  
          prescribe an opioid antagonist, if acting with reasonable care,  
          to prescribe and subsequently dispense or distribute an opioid  
          antagonist to a person at risk of an opioid-related overdose or  
          a family member, friend, or other person in a position to assist  








                                                                    AB 1748


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          the person at risk, and limited the professional and civil  
          liability of licensed health care providers and persons who  
          possess or distribute opioid antagonists, as specified.  


          SB 1438 (Pavley), Chap. 491, Stats. 2014, required the  
          development of training and other standards for the  
          administration of naloxone by emergency medical technicians and  
          other pre-hospital emergency care personnel.


          SB 669 (Huff), Chap. 725, Stats. 2013, among other things,  
          authorized a trained pre-hospital emergency medical care person,  
          first responder, or lay rescuer to obtain and use epinephrine  
          auto-injectors to render emergency care to another person,  
          pursuant to specified requirements, and granted them limited  
          liability, as specified.  


          SB 161 (Huff), Chap. 560, Stats. 2011, authorized a school  
          district, county office of education, or charter school to  
          participate in a program to provide nonmedical school employees  
          with voluntary emergency medical training to provide, in the  
          absence of a credentialed school nurse or other licensed nurse  
          onsite at the school or charter school, emergency medical  
          assistance to pupils with epilepsy suffering from seizures, in  
          accordance with specified guidelines.  


          REGISTERED SUPPORT / OPPOSITION:
                                                            



          Support


          Drug Policy Alliance









                                                                    AB 1748


                                                                    Page  24






          California School Nurses Organization (support if amended)




          Opposition (to previous version)


          California School Employees Association


          Opposition


          California Teachers Association 




          Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334