Bill Text: CA SB641 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Public health: alcohol and drug programs: naloxone.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB641 Detail]

Download: California-2023-SB641-Amended.html

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Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 641

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Introduced by Senator Roth

February 16, 2023

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An act to amend Section 11758.06 of add Section 11775.2 to the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

SB 641, as amended, Roth. Public health: drug overdose information. alcohol and drug programs: naloxone.

Existing law establishes the State Department of Health Care Services within the California Health and Human Services Agency. Existing law sets forth the department’s powers and duties, including receiving federal funds payable directly to the state by the Substance Abuse and Mental Health Services Administration to implement programs that provide services to alleviate the problems related to alcohol and other drug use. The Naloxone Distribution Project (NDP) is administratively created by the department to reduce opioid-related overdose deaths.

This bill would require the department, as part of the NDP, to make all United States Food and Drug Administration-approved formulations and dosage strengths of naloxone that are indicated for the emergency treatment of known or suspected opioid overdose available to NDP applicants. The bill would make legislative findings and declarations.

Existing law, until July 1, 2013, required the State Department of Health Care Services to place on its internet website information on drug overdose trends in California, including county and state death rates.

This bill would make technical, nonsubstantive changes to that provision.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California’s opioid epidemic represents one of the greatest public health crises in our state’s history.

(b) Based on preliminary data, there were 6,843 opioid-related overdose deaths in California in 2021. Of these deaths, 5,722 were related to fentanyl, a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine. Of those fentanyl-related deaths, 224 were among California teens, 15 to 19 years of age, inclusive.

(c) The scope and scale of the opioid crisis demands that California use all available tools to prevent overdose deaths.

(d) One tool to combat this crisis is the utilization of the Naloxone Distribution Project administered by the State Department of Health Care Services. The Naloxone Distribution Project currently distributes naloxone to law enforcement, schools, community organizations, and other groups upon completion of an application.

(e) Naloxone is an opioid antagonist indicated for the complete or partial reversal of opioid overdose, including respiratory depression, induced by natural and synthetic opioids. It may be delivered intramuscularly with a needle or intranasally. Naloxone is indicated for emergency treatment of a known or suspected opioid overdose. It is not a substitute for emergency medical care.

(f) The State of California’s “Naloxone Standing Order” expressly states: “The purpose of this standing order is to help reduce morbidity and mortality associated with opioid overdose by facilitating the distribution and administration of naloxone hydrochloride (naloxone).”

(g) While the Naloxone Distribution Project’s distribution of four-milligram doses or less of naloxone has been sufficient in the past, there is increasing evidence that administration of a single four-milligram dose is insufficient to reverse an overdose due to the prevalence of the more potent fentanyl.

(h) Given the importance of timely administration of an opioid antagonist and that someone administering an opioid antagonist may not have access to multiple doses, it is critical that United States Food and Drug-approved stronger dosage formulations of an opioid antagonist be made available.

(i) The standing order contains no limitation on dosage strengths of naloxone to be made available to “non-prescribing entities to distribute...to individuals at risk of opioid overdose, their family members and friends...”

(j) While there is currently no limitation on the dosage strength, the State Department of Health Care Services has not made a higher dose of an opioid antagonist available.

(k) This bill authorizes and directs the State Department of Health Care Services to make all United States Food and Drug-approved formulations and dosage strengths of naloxone available to eligible applicants of the Naloxone Distribution Project.

SEC. 2.

 Section 11775.2 is added to the Health and Safety Code, to read:

11775.2.

 The department shall, as part of the Naloxone Distribution Project (NDP), make all United States Food and Drug-approved formulations and dosage strengths of naloxone that are indicated for the emergency treatment of known or suspected opioid overdose available to eligible NDP applicants to the extent that this does not jeopardize federal funding.

SECTION 1.Section 11758.06 of the Health and Safety Code is amended to read:

11758.06.

(a)On or before July 1, 2004, and on or before January 1, 2009, as specified in subdivision (c), the department shall place on its internet website information on drug overdose trends in California, including county and state death rates, from existing data, in order to ascertain changes in the causes or rates of fatal and nonfatal drug overdoses for the preceding five years.

(b)The information required by subdivision (a) shall include, to the extent available, data on all of the following:

(1)Trends in drug overdose death rates by county or city, or both.

(2)Suggested improvements in data collection.

(3)A description of interventions that may be effective in reducing the rate of fatal or nonfatal drug overdoses.

(c)The information required by subdivision (a) to be placed on the department’s internet website shall remain on the internet website for a period of not less than six months. The department shall update the information required pursuant to subdivision (a) and shall place the updated information on the internet website on or before January 1, 2009, for a period of not less than six months.

(d)This section shall become inoperative on July 1, 2013.