Bill Text: CA SB234 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
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July 13, 2023 |
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Assembly
July 03, 2023 |
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Senate
May 18, 2023 |
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Senate
April 25, 2023 |
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April 17, 2023 |
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Amended
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March 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 234
| Introduced by Senators Portantino, Hurtado, and Umberg (Principal coauthor: Assembly Member Pacheco) (Coauthors: Senators Alvarado-Gil, Dodd, Durazo, Grove, Limón, Nguyen, Ochoa Bogh, and Roth) (Coauthors: Assembly Members Addis, Alanis, Arambula, Connolly, Megan Dahle, Davies, Dixon, Grayson, Haney, Jackson, Low, Mathis, McCarty, Stephanie Nguyen, Ortega, Papan, Petrie-Norris, Quirk-Silva, Luz Rivas, Rodriguez, Blanca Rubio, Weber, and Wilson) |
January 24, 2023 |
An act to amend Section 49414.3 of, to add Section 49414.35 to, to add Article 2 (commencing with Section 76410) to Chapter 3 of Part 47 of Division 7 of Title 3 of, and to add Chapter 7 (commencing with Section 99400) to Part 65 of Division 14 of Title 3 of, the Education Code, and to add Chapter 16 (commencing with Section 11870) to Part 2 of Division 10.5 of the Health and Safety Code, relating to opioids.
LEGISLATIVE COUNSEL'S DIGEST
SB 234, as amended, Portantino.
Opioid antagonists: schools, college campuses, stadiums, concert venues, and amusement parks.
Existing law authorizes school districts, county offices of education, and charter schools to provide emergency naloxone hydrochloride or another opioid antagonist, as defined, to school nurses or trained personnel who have volunteered, as provided. Existing law authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. Existing law authorizes each public and private elementary and secondary school in the state to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school, as provided.
This bill would require each public and elementary and secondary school in the state, including charter schools, to
maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its schoolsite 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 require school districts, county offices of education, and charter schools to report to the State Department of Education, on an annual basis at the end of every school year, all incidents of on-campus pupil opioid exposure during that school year. The bill would make other conforming changes. By imposing new duties on public schools, the bill would impose a state-mandated local program.
This bill would authorize a school district, county office of education, or charter school to permit pupils in grades 9 to 12, inclusive, to
carry and administer prescription on their person, while on a schoolsite or participating in school activities, naloxone hydrochloride or another opioid antagonist while on a school campus or participating in school activities, upon obtaining written statements from (1) a physician, surgeon, or
physician assistant, confirming that the pupil has met all the requirements necessary for obtaining the prescription and the pupil is able to administer the naloxone hydrochloride or another opioid antagonist, and (2) the pupil’s parent, foster parent, or guardian, consenting to the pupil’s administration of naloxone hydrochloride or another opioid antagonist, authorizing designated school personnel to consult with the pupil’s health care provider, and releasing the school district, county office of education, or charter school, and school personnel, from civil liability, as provided. that has received over-the-counter approval from the United States Food and Drug Administration. The bill would prohibit a pupil who is permitted to carry and administer prescription
administers naloxone hydrochloride or another opioid antagonist and who administers naloxone hydrochloride or another opioid antagonist, on a schoolsite or while participating in school activities, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose from being liable in a civil action or subject to criminal prosecution.
prosecution, unless the pupil’s acts or omissions constitute gross negligence or willful and wanton misconduct. The bill would also prohibit a school district, county office of education, or charter school that permits a pupil to carry and administer naloxone hydrochloride or another opioid antagonist, school, or an employee of the school district, county office of education, or charter school, from being liable in a civil action or subject to criminal prosecution or professional review for the a pupil’s acts or
omissions in administering the naloxone hydrochloride or another opioid antagonist.
antagonist, unless an act or omission of the school district, county office of education, or charter school, or an employee of the school district, county office of education, or charter school, constitutes gross negligence or willful and wanton misconduct.
Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, as defined, and private postsecondary educational institutions, as defined, as the segments of postsecondary education in the state.
Existing law requires the governing board of each community college district and the Trustees of the
California State University to provide educational and preventive information about opioid overdose and the use and location of opioid overdose reversal medication to students, as provided. Existing law requires those governing boards to require that campus health centers apply to use the statewide standing order issued by the State Public Health Officer to distribute dosages of a federally approved opioid overdose reversal medication, and apply to participate in the Naloxone Distribution Project administered by the State Department of Health Care Services, as provided. Existing law requests the Regents of the University of California to comply with these requirements.
This bill would require every campus of the California Community Colleges, the California State University, the University of California, an independent institution of higher education, and a private postsecondary educational institution to maintain unexpired doses of naloxone hydrochloride or any
other opioid antagonist on its campus at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. By imposing new duties on community college districts, the bill would impose a state-mandated local program.
This bill would, among other things, authorize a community college to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses and trained personnel who have volunteered, as specified, and authorize school nurses and trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. The bill would require a qualified supervisor of health or administrator at a community college electing to use naloxone hydrochloride or another opioid antagonist for emergency medical aid to obtain the prescription for naloxone hydrochloride or
another opioid antagonist from an authorizing physician and surgeon, as defined. The bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for any act in the issuing of a prescription or order, pursuant to these provisions, unless the act constitutes gross negligence or willful or malicious conduct. The bill would prohibit a person trained under these provisions who administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for this administration, unless their act or omission constitutes gross negligence or willful and wanton misconduct.
This bill would exempt from civil or criminal liability any
person who, in good faith and not for compensation, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on a campus of the California State University, the University of California, an independent institution of higher education, or a private postsecondary educational institution, unless their act or omission constitutes gross negligence or willful and wanton misconduct.
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 any
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. 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.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 49414.3 of the Education Code is amended to read:49414.3.
(a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.(b) For purposes of this section, the following terms have the following meanings:
(1) “Authorizing physician and surgeon” may include, but is not limited to, a physician and
surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director.
(2) “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.
(3) “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.
(4) “Qualified supervisor of health” may include, but is not limited to, a school nurse.
(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d).
(c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable
alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision.
(d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on their offer to volunteer, and there shall be no retaliation
against any individual for rescinding their offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteer’s regular working hours.
(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.
(e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every
five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others.
(2) Training established pursuant to this subdivision shall include all of the following:
(A) Techniques for recognizing symptoms of an opioid overdose.
(B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist.
(C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupil’s parent or guardian.
(D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation.
(E) Written materials covering the information required under this subdivision.
(3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department.
(4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2).
(5) The department shall include on its internet website a
clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils.
(f) Any school district, county office of education, or charter school electing to make trained personnel available at schoolsites shall distribute a notice at least once, but not more than twice, per school year to all staff that contains the following information:
(1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.
(2) A description of the training that
the volunteer will receive pursuant to subdivision (d).
(3) The right of an employee to rescind their offer to volunteer pursuant to this section.
(4) A statement that no benefit will be granted to or withheld from any individual based on their offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.
(g) (1) A qualified supervisor of health at a school district, county office of education, or charter school shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district,
county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.
(2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1).
(3) A prescription obtained pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.
(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject
to criminal prosecution for the issuance of a prescription or order to a school district, county office of education, or charter school pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.
(h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used, it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used.
Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.
(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.
(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.
(i) A school district, county office of education, or charter school shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division
3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file.
(j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, 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) The protection specified in paragraph (1) 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.
(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care “for compensation,” notwithstanding the fact that they are a paid public employee.
(k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler.
(l) Each
public elementary and secondary school in the state, including charter schools, shall, at all times, maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its schoolsite and ensure that at least two employees are aware of the location of the naloxone hydrochloride or other opioid antagonist.
(m) (1) Notwithstanding any other law, school districts, county offices of education, and charter schools may permit pupils to carry and administer prescription naloxone hydrochloride or another opioid antagonist while on a school campus or participating in school activities. In order for a pupil to carry and administer prescription naloxone
hydrochloride or another opioid antagonist while on a school campus or participating in school activities, the school district, county office of education, or charter school shall obtain both of the following: pupils in grades 9 to 12, inclusive, may carry on their person, while on a schoolsite or participating in school activities, naloxone hydrochloride or another opioid antagonist that has received over-the-counter approval from the United States Food and Drug Administration.
(A)A written statement from a physician, surgeon, or physician assistant confirming that the pupil has met all the requirements necessary for obtaining the prescription and is able to administer naloxone hydrochloride or another opioid antagonist.
(B)A written statement signed by the parent, foster parent, or guardian of the pupil consenting to the pupil’s administration of naloxone hydrochloride or another opioid antagonist, providing a release for the school nurse or other designated school personnel to consult with the health care provider of the pupil regarding any questions that may arise with regard to the naloxone hydrochloride or another opioid antagonist, and releasing the school district, county office of education, or charter school, and school personnel, from civil liability if the pupil suffers or causes an adverse reaction as a result of administering the naloxone hydrochloride or another opioid antagonist pursuant to this subdivision.
(2) Notwithstanding any other law, a pupil permitted to carry and administer who administers naloxone hydrochloride or another
opioid antagonist as specified in paragraph (1), who administers naloxone hydrochloride or another opioid antagonist, on a schoolsite or while participating in school activities, 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 pupil’s acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.
antagonist, unless the pupil’s acts or omissions constitute gross negligence or willful and wanton misconduct.
(3) Notwithstanding any other law, a school district, county office of education, or charter school that permits a pupil to carry and administer naloxone hydrochloride or another opioid antagonist as specified in paragraph (1), school, or an employee of the school district, county office of education, or charter school, shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the
a pupil’s acts or omissions in administering the
naloxone hydrochloride or another opioid antagonist.
antagonist, unless an act or omission of the school district, county office of education, or charter school, or an employee of the school district, county office of education, or charter school, constitutes gross negligence or willful and wanton misconduct.
SEC. 2.
Section 49414.35 is added to the Education Code, immediately following Section 49414.3, to read:49414.35.
(a) For purposes of this section, “opioid exposure” includes, but is not limited to, ingestion, transdermal absorption, inhalation, or injection. Use of an opioid pursuant to a valid prescription shall not constitute opioid exposure.(b) School districts, county offices of education, and charter schools shall, on an annual basis at the end of every school year, report all incidents of on-campus pupil opioid exposure to the department
during that school year.
SEC. 3.
Article 2 (commencing with Section 76410) is added to Chapter 3 of Part 47 of Division 7 of Title 3 of the Education Code, to read:Article 2. Opioid Antagonists
76410.
(a) For purposes of this section, the following terms have the following meanings:(1) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a community college, a medical director of the local health
department, or a local emergency medical services director.
(2) “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.
(3) “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.
(4) “Qualified supervisor of health” may include, but is not limited to, a school nurse.
(5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a community college, and has received training pursuant to subdivision (d).
(b) Community colleges may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose.
(c) Each community college in the state may voluntarily determine whether or not to make trained personnel available at its campus. In making this determination, a community college shall evaluate the emergency medical response time to the campus and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel.
(d) (1) Each community college in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed by the Superintendent pursuant to subdivision (e) of Section 49414.3, regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or
other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on their offer to volunteer, and there shall be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training. Any community college choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during
the volunteer’s regular working hours.
(2) An employee who volunteers pursuant to this section may rescind their offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training.
(3) A community college shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2) of subdivision (e) of Section 49414.3.
(e) Any community college electing to make trained personnel available at campuses shall distribute a notice at least once, but not more than twice, per academic year to all staff that contains the following information:
(1) A description of
the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose.
(2) A description of the training that the volunteer will receive pursuant to subdivision (d).
(3) The right of an employee to rescind their offer to volunteer pursuant to this section.
(4) A statement that no benefit will be granted to or withheld from any individual based on their offer to volunteer and that there will be no retaliation against any individual for rescinding their offer to volunteer, including after receiving training.
(f) (1) A qualified supervisor of health at a community college shall obtain from an authorizing physician and surgeon a prescription for each community college for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a community college shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used.
(2) If a community college does not have a qualified supervisor of health, an administrator at the community college shall carry out the duties specified in paragraph (1).
(3) A prescription obtained pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers.
(4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct.
(g) (1) A school nurse or, if the community college does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at the community college or at a community college activity when a physician is not immediately available. If the
naloxone hydrochloride or another opioid antagonist is used, it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date.
(2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector.
(3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with.
(h) A community college shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the community college for any and
all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file.
(i) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, 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) The protection specified in paragraph (1) 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.
(3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care “for compensation,” notwithstanding the fact that they are a paid public employee.
(j) A state agency or a community college may accept gifts, grants, and donations from any source for the support of the community college carrying out the provisions of this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist
from a manufacturer or wholesaler.
(k) Each community college shall, at all times, maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its campus and ensure that at least two employees are aware of the location of the naloxone hydrochloride or other opioid antagonist.
SEC. 4.
Chapter 7 (commencing with Section 99400) is added to Part 65 of Division 14 of Title 3 of the Education Code, to read:CHAPTER 7. Opioid Antagonists on Campus
99400.
For purposes of this chapter, the following definitions apply:(a) “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.
(b) “College campus” means a campus of the California State University, the University of California, an independent institution of higher education, as that term is defined in Section 66010, or a private postsecondary educational institution, as that term is defined in Section 94858.
(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.
99401.
Each college campus shall, at all times, maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its campus and ensure that at least two employees are aware of the location of the naloxone hydrochloride or other opioid antagonist.99402.
(a) Notwithstanding any other law, a person who administers naloxone hydrochloride or another opioid antagonist by nasal spray or by auto-injector on a college campus, 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 their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.(b) 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.
(c) An employee of the California State University or the University of California who administers naloxone hydrochloride or another opioid antagonist is not providing emergency medical care “for compensation,” notwithstanding the fact that the employee is a paid public employee.
SEC. 5.
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 permanent amusement rides regulated under Sections 344.5 to 344.17, inclusive, and Sections 3195.1 to 3195.14, inclusive, of Title 8 of the California Code of Regulations.
(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, 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, 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, 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.
