Bill Text: CA SB1438 | 2013-2014 | Regular Session | Chaptered
Bill Title: Controlled substances: opioid antagonists.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2014-09-19 - Chaptered by Secretary of State. Chapter 491, Statutes of 2014. [SB1438 Detail]
Download: California-2013-SB1438-Chaptered.html
BILL NUMBER: SB 1438 CHAPTERED
BILL TEXT
CHAPTER 491
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 28, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JUNE 11, 2014
AMENDED IN SENATE MAY 21, 2014
AMENDED IN SENATE MAY 6, 2014
AMENDED IN SENATE APRIL 10, 2014
INTRODUCED BY Senator Pavley
(Coauthors: Senators Anderson and Leno)
(Coauthors: Assembly Members Bloom, Chesbro, and Rodriguez)
FEBRUARY 21, 2014
An act to amend Sections 1797.170, 1797.197, and 11601 of the
Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 1438, Pavley. Controlled substances: opioid antagonists.
(1) Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, establishes the
Emergency Medical Services Authority (EMSA), which is responsible for
the coordination and integration of all state agencies concerning
emergency medical services. Under existing law, EMSA is required to
establish training and standards, and promulgate regulations, for all
prehospital emergency medical care personnel, as defined, regarding
the characteristics and method of assessment and treatment of
anaphylactic reactions and the use of epinephrine. Existing law also
requires the EMSA to develop and adopt regulations for the training
and scope of practice for emergency medical technician-I (EMT-I)
certification, which includes, among other things, a specified course
of training on the nature of sudden infant death syndrome. Existing
law authorizes the medical director of a local EMS agency to approve
or conduct any scientific or trial study of the efficacy of the
prehospital emergency use of any drug, device, or treatment procedure
within the local EMS system, utilizing any level of prehospital
emergency medical care personnel, consistent with specified
requirements.
This bill would require the EMSA to develop and adopt training and
standards, and promulgate regulations, for all prehospital emergency
medical care personnel, as defined, regarding the use and
administration of naloxone hydrochloride and other opioid
antagonists. The bill would authorize the EMSA to adopt existing
training and standards for prehospital emergency medical care
personnel regarding the statewide use and administration of naloxone
hydrochloride or another opioid antagonist to satisfy the
requirements of the bill's provisions. The bill would also authorize
the medical director of a local EMS agency, pursuant to the
above-described provisions relating to a scientific or trial study,
to approve or conduct a trial study of the use and administration of
naloxone hydrochloride or other opioid antagonists by any level of
prehospital emergency medical care personnel, and would authorize the
training received by prehospital emergency medical care personnel
specific to the use and administration of naloxone hydrochloride or
other opioid antagonists during this trial study to be used towards
satisfying the training requirements established by the EMSA pursuant
to the bill's provisions. The bill would specify that both of those
types of trainings satisfy specified requirements allowing for
immunity from criminal and civil liability for administering an
opioid antagonist.
The bill would also require the EMSA to develop and adopt
regulations to include the administration of naloxone hydrochloride
in the training and scope of practice of EMT-I certification, on or
before July 1, 2016. The bill would require these regulations to be
substantially similar to certain regulations that authorize an EMT-I
to receive training for naloxone hydrochloride administration without
having to complete the entire emergency medical technician-II
(EMT-II) certification course.
(2) Existing law, the Uniform Controlled Substances Act, requires
the Attorney General to encourage research on the misuse and abuse of
controlled substances, and, in connection with that research, and in
furtherance of the enforcement of the act, authorizes the Attorney
General to undertake specific acts, including developing new or
improved approaches, techniques, systems, equipment, and devices to
strengthen the enforcement of the act.
This bill would additionally permit the Attorney General, in
connection with that research, and in furtherance of the enforcement
of the act, to authorize hospitals and trauma centers to share
information with local law enforcement agencies, the EMSA, and local
emergency medical services agencies about controlled substances. The
bill would limit the data that may be provided by hospitals and
trauma centers to the number of overdoses and the substances
suspected as the primary cause of the overdoses. The bill would
require that the information shared be shared in a manner that
ensures complete patient confidentiality.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1797.170 of the Health and Safety Code is
amended to read:
1797.170. (a) The authority shall develop and, after approval by
the commission pursuant to Section 1799.50, adopt regulations for the
training and scope of practice for EMT-I certification.
(b) Any individual certified as an EMT-I pursuant to this division
shall be recognized as an EMT-I on a statewide basis, and
recertification shall be based on statewide standards.
(c) Effective July 1, 1990, any individual certified as an EMT-I
pursuant to this act shall complete a course of training on the
nature of sudden infant death syndrome which is developed by the
California SIDS program in the State Department of Public Health in
consultation with experts in the field of sudden infant death
syndrome.
(d) On or before July 1, 2016, the authority shall develop and,
after approval by the commission pursuant to Section 1799.50, adopt
regulations to include the administration of naloxone hydrochloride
in the training and scope of practice of EMT-I certification. These
regulations shall be substantially similar to existing regulations
set forth in Chapter 3 (commencing with Section 100101) of Division 9
of Title 22 of the California Code of Regulations that authorize an
EMT-I to receive EMT-II training in the administration of naloxone
hydrochloride without having to complete the entire EMT-II
certification course. This subdivision shall be implemented in
accordance with Chapter 5 (commencing with Section 1798).
SEC. 2. Section 1797.197 of the Health and Safety Code is amended
to read:
1797.197. (a) The authority shall establish training and
standards for all prehospital emergency medical care personnel, as
defined in paragraph (2) of subdivision (a) of Section 1797.189,
regarding the characteristics and method of assessment and treatment
of anaphylactic reactions and the use of epinephrine. The authority
shall promulgate regulations regarding these matters for use by all
prehospital emergency medical care personnel.
(b) (1) The authority shall develop and, after approval by the
commission pursuant to Section 1799.50, adopt training and standards
for all prehospital emergency medical care personnel, as defined in
paragraph (2) of subdivision (a) of Section 1797.189, regarding the
use and administration of naloxone hydrochloride and other opioid
antagonists. The authority shall promulgate regulations regarding
these matters for use by all prehospital emergency medical care
personnel. The authority may adopt existing training and standards
for prehospital emergency medical care personnel regarding the
statewide use and administration of naloxone hydrochloride or another
opioid antagonist to satisfy the requirements of this section.
(2) The medical director of a local EMS agency may, pursuant to
Section 1797.221, approve or conduct a trial study of the use and
administration of naloxone hydrochloride or other opioid antagonists
by any level of prehospital emergency medical care personnel.
Training received by prehospital emergency medical care personnel
specific to the use and administration of naloxone hydrochloride or
another opioid antagonist during this trial study may be used towards
satisfying the training requirements established pursuant to
paragraph (1) regarding the use and administration of naloxone
hydrochloride and other opioid antagonists by prehospital emergency
medical care personnel.
(3) The training described in paragraphs (1) and (2) shall satisfy
the requirements of paragraph (1) of subdivision (d) of Section
1714.22 of the Civil Code.
SEC. 3. Section 11601 of the Health and Safety Code is amended to
read:
11601. The Attorney General shall encourage research on misuse
and abuse of controlled substances. In connection with the research,
and in furtherance of the enforcement of this division, he or she may
do all of the following:
(a) Develop new or improved approaches, techniques, systems,
equipment, and devices to strengthen the enforcement of this
division.
(b) Enter into contracts with public agencies, institutions of
higher education, and private organizations or individuals for the
purpose of conducting demonstrations or special projects that bear
directly on misuse and abuse of controlled substances.
(c) (1) Authorize hospitals and trauma centers to share
information with local law enforcement agencies, the Emergency
Medical Services Authority, and local emergency medical services
agencies about controlled substance overdose trends.
(2) The information provided by hospitals and trauma centers
pursuant to this subdivision shall include only the number of
overdoses and the substances suspected as the primary cause of the
overdoses. Any information shared pursuant to this subdivision shall
be shared in a manner that ensures complete patient confidentiality.
