BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1748 (Mayes) - Pupils:  pupil health:  opioid antagonist
          
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          |Version:  August 1, 2016        |Policy Vote: ED. 9 - 0, JUD. 7  |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.



          


          Bill  
          Summary:  This bill authorizes local educational agencies (LEAs)  
          to provide an emergency opioid antagonist to school nurses or  
          trained personnel to administer an opioid antagonist to a person  
          suffering from an opioid overdose.  


          Fiscal  
          Impact:  
           The California Department of Education (CDE) anticipates  
            one-time costs to implement this bill of about $60,000 for a  
            half of a position.  This position would develop the minimum  
            training standards, consult with specified entities in  
            developing those standards, and develop a clearinghouse on its  
            website for best practices in training nonmedical personnel to  
            administer an emergency opioid antagonist.  (General Fund)







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           Minor ongoing costs to review the minimum standards at least  
            every five years.


          Background: This bill is modeled after existing provisions allowing school  
          nurses or trained personnel to use epinephrine auto-injectors to  
          provide emergency medical aid to a person suffering, or  
          reasonably believed to be suffering, from an anaphylactic  
          reaction.  However, this bill authorizes schools to obtain a  
          prescription for an emergency opioid antagonist which may be  
          injected or administered by nasal spray, while existing law  
          requires schools to obtain a prescription for epinephrine  
          auto-injectors.
          This bill is also very similar to existing provisions  
          authorizing non-medical, school personnel who volunteer, in the  
          absence of a credentialed school nurse or other licensed nurse  
          onsite at the school, to administer medication to a student in  
          an emergency, after receiving specified training.  Those  
          provisions relate to the administration of glucagon to students  
          with diabetes suffering from severe hypoglycemia, and emergency  
          anti-seizure medication to students with epilepsy suffering from  
          seizures.  In both scenarios, the medication must be prescribed  
          for that student.  


          Existing law, as well as provisions in this bill, protect  
          volunteering school personnel from liability, require LEAs to  
          provide defense and indemnification, and authorize the volunteer  
          to rescind his or her offer to administer medication.


          According to the author, according to the Centers for Disease  
          Control and Prevention, the number of deaths resulting from  
          opioid overdoses has been steadily increasing over the past  
          decade, and now exceeds the number of deaths resulting from  
          automobile accidents.  Naloxone (sold under the brand name  
          Narcan) is a medication that can block the effects of opioid  
          overdoses.  In November 2015, the federal Food and Drug  
          Administration 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 clear authority for  
          schools to accept, stock, or administer opioid overdose  








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          antidotes.




          Proposed Law:  
            This bill authorizes LEAs to provide an opioid antagonist to  
          school nurses or trained personnel to administer an opioid  
          antagonist to a person suffering, or reasonably believed to  
          suffering, from an opioid overdose.  
          This bill authorizes each elementary and secondary public and  
          private school to voluntarily determine whether or not to make  
          available at its school: (1) an emergency opioid antagonist, and  
          (2) trained personnel.  


          This bill defines "opioid antagonist" as naloxone hydrochloride  
          or another drug approved by the federal Food and Drug  
          Administration that, when administered, neutralizes the  
          pharmacological effects of an opioid in the body, and has been  
          approved for the treatment of an opioid overdose.


          Volunteer Training


          Each school may designate one or more volunteers to receive  
          initial and annual training from the school nurse or other  
          qualified person, as specified.  The LEA is required to provide  
          this training for the volunteers at no cost and during the  
          volunteer's regular working hours.


          This bill requires the Superintendent to establish minimum  
          standards of training and review these standards at least every  
          five years.


          The training must include:


           Techniques for recognizing symptoms of an opioid overdose.










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           Procedures for the storage and emergency use of an opioid  
            antagonist.


           Basic emergency follow-up procedures such as calling 911 and  
            contacting the student's parent or guardian.


           Recommendations on the necessity of instruction and  
            certification in cardiopulmonary resuscitation (CPR).


           Relevant written materials.



          The CDE is also required to include a clearinghouse on its  
          website for best practices in training nonmedical personnel to  
          administer an opioid antagonist to students.


          An LEA electing to utilize an opioid antagonist for emergency  
          aid is required to distribute a notice at least once a year to  
          all staff that contains specified information such as a  
          description of the volunteer request, a description of the  
          training the volunteer will receive, and the right to rescind an  
          offer to volunteer.







          Employee and Physician Protections
          This bill provides trained volunteers with immunity from civil  
          liability, except where there has been gross negligence or  
          willful or wanton misconduct of the person rendering the  
          emergency care.  It requires that volunteers be provided defense  
          and indemnification by the LEA for any and all civil liability,  
          as specified.  This bill would also ensure 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, unless the  








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          physician and surgeon's issuance of the prescription or order  
          constitutes gross negligence or willful or malicious conduct.


          Prescription


          This bill authorizes a pharmacy to furnish an opioid antagonist  
          to an LEA if certain conditions are met.  A qualified supervisor  
          of health (i.e. a nurse) at an LEA is required to obtain a  
          prescription from a physician and surgeon for each school for an  
          opioid antagonist.  


          Related Legislation: AB 1719 (Rodriguez, 2016) requires CPR  
          instruction in grades 9 through 12 and provides for various  
          legal immunities relating to the instruction of students in  
          compression-only CPR or use of an automatic external  
          defibrillator.  AB 1719 pending in this committee.




          Staff  
          Comments:  Opioid overdoses are characterized by central nervous  
          system and respiratory depression, leading to coma and death.   
          Once administered, naloxone takes effect after around a minute,  
          with effects lasting around 45 minutes, potentially saving the  
          person's life.
          This bill provides schools with the discretion to obtain and  
          administer an opioid antagonist consistent with the requirements  
          of this bill.  Therefore any costs incurred to take advantage of  
          this authority would not be eligible for reimbursement as a  
          state mandated activity.  This bill allows a state agency or a  
          public school to accept gifts, grants, and donations from any  
          source to implement this bill, including but not limited to the  
          acceptance of naloxone hydrochloride or another opioid  
          antagonist from a manufacturer or wholesaler.




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