BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 23, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          SB  
          361 (Hill) - As Amended April 14, 2015


          SENATE VOTE:  35-0


          SUBJECT:  Skilled nursing facilities:  antimicrobial stewardship  
          guidelines.


          SUMMARY:  Requires skilled nursing facilities (SNFs) to adopt  
          and implement an antimicrobial stewardship policy (ASP) by  
          January 1, 2017, as specified.  Requires SNFs to update their  
          ASPs to be consistent with new guidelines established by the  
          federal Centers for Disease Control and Prevention (CDC) or  
          other professional organizations within three months of the  
          publication of such new guidelines.  Contains an urgency clause  
          to ensure that the provisions of this bill go into immediate  
          effect upon enactment.  



          EXISTING LAW:   



          1)Defines a SNF as health facility that provides skilled nursing  
            care and supportive care to patients whose primary need is for  
            the availability of long-term skilled nursing care.








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          2)Establishes the Hospital Infectious Disease Control Program  
            under the Department of Public Health (DPH) to determine best  
            practices and policies related to the prevention of healthcare  
            associated infections (HAIs).



          3)Requires general acute care hospitals to adopt and implement  
            an ASP, as specified, in accordance with existing state law  
            and guidelines established by the federal government and  
            professional organizations.



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.



          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, the overuse  
            and misuse of antibiotics in nursing homes can lead to the  
            development of antibiotic resistant infections, which is a  
            national and worldwide public health threat.  The author  
            points to reports by the CDC which state that at least two  
            million Americans are infected with antibiotic resistant  
            infections annually, and are the cause of death to  
            approximately 23,000 people each year.  These reports also  
            maintain that up to 50% of all antibiotics prescribed for  
            patients are unnecessary or are not optimally effective as  
            prescribed.  The author contends that 70% of nursing home  
            residents throughout the nation receive an antibiotic each  
            year, and that 27,000 residents acquire antibiotic resistant  
            infections, referring to research which suggests that 25-75%  
            of antibiotic use in long-term care settings may be  
            inappropriate and may contribute to the prevalence of  








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            antibiotic resistance.  The author concludes that ASPs are an  
            effective way to promote judicious antibiotic use and reduce  
            antibiotic resistance, and that this bill is necessary to  
            alleviate a deficiency in existing law by extending these  
            programs to SNFs.
          
          2)BACKGROUND.  



             a)   Antibiotics.  Antimicrobial resistance is resistance of  
               a microorganism to an antimicrobial drug that was  
               originally effective for treatment of infections caused by  
               it.  Resistant microorganisms (including bacteria, fungi,  
               viruses, and parasites) are able to withstand attack by  
               antimicrobial drugs, such as antibacterial drugs (e.g.  
               antibiotics), antifungals, antivirals, and antimalarials,  
               so that standard treatments become ineffective and  
               infections persist, increasing the risk of spread to  
               others.  The evolution of resistant strains is a natural  
               phenomenon that occurs when microorganisms replicate  
               themselves erroneously or when resistant traits are  
               exchanged between them.  The use and misuse of  
               antimicrobial drugs accelerates the emergence of  
               drug-resistant strains.  Poor infection control practices,  
               inadequate sanitary conditions, and inappropriate  
               food-handling encourage the further spread of antimicrobial  
               resistance.  According to the World Health Organization,  
               new resistance mechanisms currently continue to emerge and  
               spread globally, threatening our ability to treat common  
               infectious diseases, and are resulting in the death and  
               disability of individuals who, prior to the emergence of  
               these new resistance mechanisms, could continue a normal  
               course of life.  Without effective anti-infective  
               treatment, many standard medical treatments will fail or  
               turn into very high risk procedures.

             b)   President's Executive Order.  In September 2014,  
               President Barack Obama signed an Executive Order directing  








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               federal departments and agencies to implement a national  
               strategy for enhancing domestic and international capacity  
               to manage antibiotics and antibiotic-resistant infections.   
               Among other requirements, the Executive Order specifically  
               requires the Departments of Health and Human Services,  
               Defense, and Veterans Affairs to review existing  
               regulations governing antibiotic stewardship in hospitals  
               and other inpatient health care delivery facilities, and to  
               propose new regulations and other actions to improve  
               antibiotic stewardship programs in accordance with best  
               practices in the country, including those defined by the  
               CDC.  The Executive Order also requires federal departments  
               and agencies to lead the country by example by implementing  
               stewardship programs in outpatient settings, emergency  
               departments, and institutional and long-term care  
               facilities such as nursing homes, pharmacies, and  
               correctional facilities.



             c)   The California Antimicrobial Stewardship Program.   
               California is the first, and remains the only state, to  
               enact an antimicrobial stewardship program.  DPH states the  
               major objectives of antimicrobial stewardship are to  
               optimize clinical outcomes for patients while minimizing  
               toxicity and other adverse events associated with  
               antimicrobial use.  Since 2008, California has required  
               general acute care hospitals to develop a process for  
               monitoring the judicious use of antibiotics, and has  
               mandated that the results are monitored by quality  
               improvement committees.  Studies have shown that ASPs are  
               particularly active in community settings.  DPH currently  
               offers an ASP toolkit to the public, to provide hospital  
               leadership and support staff with guidelines, resources,  
               and practical examples of how best to implement ASP  
               practices.


             








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          3)SUPPORT.  The Health Officers Association of California  
            supports this bill stating it is imperative for SNFs to adopt  
            policies that reduce the consequences of antibiotic resistance  
            because residents are often elderly or disabled patients with  
            underlying health conditions that make them more vulnerable to  
            contracting disease.  Blue Shield of California supports,  
            contending that it has been well documented by the CDC that  
            antibiotics are grossly overused in nursing homes and can lead  
            to the development of antibiotic resistant infections.  Blue  
            Shield also contends antibiotic resistant infections add  
            considerable and avoidable costs to the already overburdened  
            healthcare system, as these infections require prolonged and  
            costlier treatments.  The California Optometric Association  
            and CALPIRG support, stating that each year at least two  
            million Americans are infected with - and at least 23,000  
            Americans die from - antibiotic resistant infections.  The  
            California Long-Term Care Ombudsman Association also supported  
            a previous version of this bill, asserting that the current  
            practice of giving SNF residents antimicrobial medications  
            prior to confirmation or test results recommending such  
            medications puts residents at risk.
          
          4)PREVIOUS LEGISLATION.  



             a)   SB 1311 (Hill), Chapter 843, Statutes of 2014, requires  
               all general acute care hospitals to adopt and implement, by  
               July 1, 2015, an ASP, that includes a process to evaluate  
               the judicious use of antibiotics.
             
             b)   SB 158 (Florez), Chapter 294, Statutes of 2008,  
               establishes an infection surveillance, prevention, and  
               control program within DPH to provide oversight of hospital  
               prevention and reporting of general acute care HAIs,  
               expands 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  








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               safety events.



             c)   SB 1058 (Alquist), Chapter 296, Statutes of 2008,  
               establishes the Medical Facility Infection Control and  
               Prevention Act, which requires hospitals to implement  
               specified procedures for screening, prevention, and  
               reporting specified HAIs.  Requires hospitals to report  
               positive Methicillin-resistant Staphylococcus aureus and  
               other HAI test results to DPH and requires DPH to make  
               specified information public on its website.

             d)   SB 739 (Speier), Chapter 526, Statutes of 2006, creates  
               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.  Requires,  
               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.  Requires 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.

          5)POLICY COMMENT.  This bill requires SNFs to establish and  
            implement an ASP.  Existing law requires each general acute  
            care hospital to establish and implement an ASP; in addition,  
            the hospitals are required to develop a physician-supervised  
            multidisciplinary antimicrobial stewardship committee,  








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            subcommittee, or workgroup, and to appoint at least one  
            physician or pharmacist to the committee who is knowledgeable  
            about antimicrobial stewardship through specified training.   
            This bill's language is currently silent as to how the policy  
            must be implemented within each SNF and does not specifically  
            require SNFs to form an antimicrobial stewardship committee.   
            The author may wish to consider amending this bill's  
            provisions to be consistent with existing statutory  
            requirements regarding ASPs for general acute care hospitals.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          Blue Shield of California


          California Long-Term Care Ombudsman Association (prior version)
          California Optometric Association
          CALPIRG (prior version)
          Health Officers Association of California


          Opposition


          None on file.




          Analysis Prepared by:An-Chi Tsou / HEALTH / (916)  
          319-2097










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