Bill Text: CA SB234 | 2023-2024 | Regular Session | Chaptered
Bill Title: Opioid antagonists: stadiums, concert venues, and amusement parks.
Spectrum: Moderate Partisan Bill (Democrat 27-8)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 596, Statutes of 2023. [SB234 Detail]
Download: California-2023-SB234-Chaptered.html
Senate Bill
No. 234
CHAPTER 596
An act to add Chapter 16 (commencing with Section 11870) to Part 2 of Division 10.5 of the Health and Safety Code, relating to opioids.
[
Approved by
Governor
October 08, 2023.
Filed with
Secretary of State
October 08, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 234, Portantino.
Opioid antagonists: stadiums, concert venues, and amusement parks.
Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone or another opioid antagonist to first responders and at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability a person who, in good faith and not for compensation, renders
emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct, as provided.
This bill would require each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would exempt from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. The bill would exempt from civil or criminal liability a stadium, concert venue, or amusement park, or its employees, or an
entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 16 (commencing with Section 11870) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:CHAPTER 16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks
11870.
For purposes of this chapter, the following definitions apply:(a) “Amusement park” means a gated facility that requires a ticket for entry, has attendance greater than 1,000,000 visitors annually, and operates 10 or more amusement rides regulated under Sections 7900 to 7919, inclusive, and Sections
7920 to 7932, inclusive, of the Labor Code.
(b) “Auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the United States Food and Drug Administration for layperson use.
(c) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the United States Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body,
and has been approved for the treatment of an opioid
overdose.
11871.
Each stadium, concert venue, and amusement park shall, at all times, maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises and ensure that at least two employees are aware of the location of the naloxone hydrochloride or other opioid antagonist.11872.
(a) (1) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or by auto-injector on the premises of a stadium, concert venue, or amusement park 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 their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(2) (A) The protection specified in subdivision (a) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.
(B) Subparagraph (A) shall not apply to an employee of a stadium, concert venue, or amusement park, or an employee of an entity that owns, occupies, or operates a stadium, concert venue, or amusement park.
(b) Notwithstanding any other
law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, shall not be liable in a civil action, or be subject to criminal prosecution, for the administration of naloxone hydrochloride or another opioid antagonist on the premises of the stadium, concert venue, or amusement park, including by an employee of the stadium, concert venue, or amusement park, or by an employee of the entity that owns, occupies, or operates the stadium, concert venue, or amusement
park.
(c) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, shall have no obligation to administer naloxone hydrochloride or another opioid antagonist in the event of an apparent opioid overdose on the premises of the stadium, concert
venue, or amusement park, and shall not be liable in a civil action, or be subject to criminal prosecution, if they fail to identify an apparent opioid overdose or fail to administer naloxone hydrochloride or another opioid antagonist on the premises of the stadium, concert venue, or amusement park.
