Bill Text: CA AB2998 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2998

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Opioid overdose reversal medications: pupil administration.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Enrolled) 2024-08-26 - Enrolled and presented to the Governor at 4 p.m. [AB2998 Detail]

Download: California-2023-AB2998-Amended.html

Amended IN Assembly April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2998

Introduced by Assembly Member McKinnor
(Coauthors: Assembly Members Alanis and Ortega)

February 16, 2024

An act to amend Section 6929 of the Family Code, relating to minors.

LEGISLATIVE COUNSEL'S DIGEST

AB 2998, as amended, McKinnor. Minors: consent to medical care.

Existing law authorizes a minor who is 12 years of age or older to consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem. Existing law exempts replacement narcotic abuse treatment, except as specified, from these provisions.

This bill would authorize a minor to consent to receiving, and to carry and administer, naloxone hydrochloride or other opioid antagonist approved by the United States Food and Drug Administration for overdose reversal if approved by a physician and surgeon or physician assistant, as specified. The bill would prohibit a minor permitted to carry and administer naloxone hydrochloride pursuant to these provisions from being held liable in a civil action or from being subject to a criminal prosecution if they administer naloxone hydrochloride or other opioid antagonist in good faith and not for compensation to a person who appears to be experiencing an opioid overdose.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 6929 of the Family Code is amended to read:

6929.

(a) As used in this section:

(1) “Counseling” means the provision of counseling services by a provider under a contract with the state or a county to provide alcohol or drug abuse counseling services pursuant to Part 2 (commencing with Section 5600) of Division 5 of the Welfare and Institutions Code or pursuant to Division 10.5 (commencing with Section 11750) of the Health and Safety Code.

(2) “Drug or alcohol” includes, but is not limited to, any substance listed in any of the following:

(A) Section 380 or 381 of the Penal Code.

(B) Division 10 (commencing with Section 11000) of the Health and Safety Code.

(3) “LAAM” means levoalphacetylmethadol as specified in paragraph (10) of subdivision (c) of Section 11055 of the Health and Safety Code.

(4) “Professional person” means a physician and surgeon, registered nurse, psychologist, clinical social worker, professional clinical counselor, marriage and family therapist, registered marriage and family therapist intern when appropriately employed and supervised pursuant to Section 4980.43 of the Business and Professions Code, psychological assistant when appropriately employed and supervised pursuant to Section 2913 of the Business and Professions Code, associate clinical social worker when appropriately employed and supervised pursuant to Section 4996.18 of the Business and Professions Code, or registered clinical counselor intern when appropriately employed and supervised pursuant to Section 4999.42 of the Business and Professions Code.

(b) A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem.

(c) (1) Notwithstanding any other provision of law, a minor who is 12 years of age or older may consent to receiving, and may carry and administer, naloxone hydrochloride or other opioid ~~antagonist,~~ antagonist approved by the United States Food and Drug Administration for overdose reversal, including, but not limited to, on a school campus, park or recreational center, or other places of public accommodations, if approved by a physician and surgeon or physician assistant as if otherwise required by law.

(2) A minor permitted to carry and administer naloxone hydrochloride or other opioid antagonist as specified in paragraph (1) who administers naloxone hydrochloride or other opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be liable in a civil action or be subject to criminal prosecution for the minor’s acts or omissions in administering the naloxone hydrochloride.

(d) The treatment plan of a minor authorized by this section shall include the involvement of the minor’s parent or guardian, if appropriate, as determined by the professional person or treatment facility treating the minor. The professional person providing medical care or counseling to a minor shall state in the minor’s treatment record whether and when the professional person attempted to contact the minor’s parent or guardian, and whether the attempt to contact the parent or guardian was successful or unsuccessful, or the reason why, in the opinion of the professional person, it would not be appropriate to contact the minor’s parent or guardian.

(e) The minor’s parent or guardian is not liable for payment for care provided to a minor pursuant to this section, except that if the minor’s parent or guardian participates in a counseling program pursuant to this section, the parent or guardian is liable for the cost of the services provided to the minor and the parent or guardian.

(f) (1) This section does not authorize a minor to receive replacement narcotic therapy, in a program licensed pursuant to Article 1 (commencing with Section 11839) of Chapter 10 of Part 2 of Division 10.5 of the Health and Safety Code, without the consent of the minor’s parent or guardian.

(2) Notwithstanding paragraph (1), a minor 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of the minor’s parent or guardian only if, and to the extent, expressly permitted by federal law.

(g) It is the intent of the Legislature that the state shall respect the right of a parent or legal guardian to seek medical care and counseling for a drug- or alcohol-related problem of a minor child when the child does not consent to the medical care and counseling, and nothing in this section shall be construed to restrict or eliminate this right.

(h) Notwithstanding any other law, when a parent or legal guardian has sought the medical care and counseling for a drug- or alcohol-related problem of a minor child, the physician and surgeon shall disclose medical information concerning the care to the minor’s parent or legal guardian upon the parent’s or guardian’s request, even if the minor child does not consent to disclosure, without liability for the disclosure.