Amended  IN  Senate  February 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 67

Introduced by Senator Seyarto

January 05, 2023

An act to amend Section 11758.03 of, to add Sections 11758.02 and 11758.04 to, to add and repeal Section 11758.05 of, and to repeal Section 11758.06 of, the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 67, as amended, Seyarto. Controlled substances: overdose reporting.
Existing law establishes the Emergency Medical Services Authority, within the California Health and Human Services Agency, for purposes including the assessment, coordination, and improvement of the state’s emergency medical services system.
This bill would require an emergency medical services provider who treats and releases or transports an individual to a medical facility who is experiencing a suspected or an actual overdose to report the incident to the authority. The bill requires the authority to report the data gathered pursuant to the bill to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program.
Existing law requires the coroner to inquire into and determine the manner, circumstances, and cause of all violent, sudden, or unusual deaths. Existing law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner.
This bill would require a peace officer who treats and releases or transports an individual to a medical facility who is experiencing a suspected or an actual overdose, or a coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose to report the data gathered pursuant to the bill to the Overdose Detection Mapping Application Program. By imposing new duties on local officers, this bill would impose a state-mandated local program.
The bill would exempt all the above reporters from civil or criminal liability for making a report in good faith.
Existing law establishes the State Department of Public Health, within the California Health and Human Services Agency, and vests the department with certain duties, powers, functions, jurisdiction, and responsibilities over specified public health programs.
This bill would require, on or before January 1, 2025, the department to report the overdose information reported to the Overdose Detection Mapping Application Program pursuant to this bill, as specified, to the Senate and Assembly Health committees.
The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
This bill would prohibit overdose information reported by an emergency medical services provider or the authority from being used in a criminal investigation or prosecution, thereby requiring a 2/3 vote.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11758.02 is added to the Health and Safety Code, to read:

11758.02.
 It is the intent of the Legislature that the overdose information gathered pursuant to this chapter be used for the purpose of making decisions regarding the allocation of public health and educational resources to communities adversely impacted by the use of drugs that lead to overdoses.

SEC. 2.

 Section 11758.03 of the Health and Safety Code is amended to read:

11758.03.
 (a) “Department” means the State Department of Public Health.
(b) “Authority” means the Emergency Medical Services Authority.
(c) “Emergency medical services provider” means a person employed by a local EMS agency or its designee, as described by Chapter 4 (commencing with Section 1797.200) of Division 2.5 of the Healthy and Safety Code, to provide prehospital emergency medical services, transportation, or both.

(d)“Peace officer” means a person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(e)

(d) “Coroner” means a person whose responsibilities include those described in Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code.

(f)

(e) “Medical examiner” means a person who exercises the powers and performs the duties of a coroner, as provided for in Section 24010 of the Government Code.

(g)

(f) “Overdose” means a condition, including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, resulting from the consumption or use of any controlled dangerous substance that requires medical attention, assistance, or treatment, and clinical suspicion for drug overdose, including respiratory depression, unconsciousness, or altered mental state, without other conditions to explain the clinical condition.

SEC. 3.

 Section 11758.04 is added to the Health and Safety Code, to read:

11758.04.
 (a) (1) An emergency medical services provider who treats and releases an individual or transports an individual to a medical facility who is experiencing a suspected or an actual overdose shall report the incident to the authority.

(2)Any of the following persons, when dealing with an individual experiencing a suspected or an actual overdose, shall report the incident to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program:

(A)A peace officer who treats and releases the individual or transports the individual to a medical facility.

(B)A coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose as a contributing factor.

(2) A coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose as a contributing factor, shall report the incident to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program.
(b) A report of an overdose made under this section shall include the following:
(1) The date and time of the overdose.
(2) The approximate address where the overdose victim was initially encountered or where the overdose occurred.
(3) Whether an opioid overdose reversal drug was administered.
(4) Whether the overdose was fatal or nonfatal.
(c) If a person reports an overdose under this section, the person making the report shall make the report as soon as possible, but not later than 72 hours after evaluating, transporting, or providing services to the individual.
(d) The authority shall submit data gathered pursuant to this section to the Overdose Detection Mapping Application Program.
(e) Overdose information reported by an emergency medical services provider under paragraph (1) of subdivision (a) or by the authority under subdivision (d) shall not be used for a criminal investigation or prosecution.
(f) A person who in good faith makes a report under this section shall be immune from civil or criminal liability for making the report.

SEC. 4.

 Section 11758.05 is added to the Health and Safety Code, to read:

11758.05.
 (a) On or before January 1, 2025, the department shall provide a report to the Senate Committee on Health and the Assembly Committee on Health regarding the reporting of overdose information to the Overdose Detection Mapping Application Program as required under Section 11758.04.
(b) The report required under subdivision (a) of this section shall include information regarding:
(1) The number of overdoses reported and the approximate locations where the overdoses occurred, including any clusters of overdoses.
(2) Who made the reports.
(3) How the reports were used for public health and public safety responses, the outcomes of the public health and public safety interventions, and the impact on affected communities.
(c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2029.

SEC. 5.

 Section 11758.06 of the Health and Safety Code is repealed.

SEC. 6.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.