Amended IN Assembly March 06, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 24Introduced by Assembly Member HaneyDecember 05, 2022An act to add Chapter 15 (commencing with Section 11860) to Part 2 of Division 10.5 of the Health and Safety Code, relating to emergency response. LEGISLATIVE COUNSEL'S DIGESTAB 24, as amended, Haney. Emergency response: opioid antagonist kits.Existing law creates the State Department of Public Health and vests it with duties, powers, functions, jurisdiction, and responsibilities with regard to the advancement of public health. Existing law requires the department, 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 to first responders and to at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability any 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. This bill would require a person or entity that owns, manages, or is responsible for a bar, a designated facility, defined as a bar, as defined, gas station, public library, or single-room occupancy hotel residential hotel, as defined, in a county that is experiencing an opioid overdose crisis, as defined, to acquire and post an opioid antagonist kit, which includes an instructional poster and opioid antagonist nasal spray, in areas that are readily accessible only by employees, including, but not limited to, a break room, and to restock the opioid antagonist kit after each use. The bill would apply the provisions governing civil liability described above to a person or entity that acquires and posts the opioid antagonist kit. Upon appropriation by the Legislature, the designated facility that provides aid with an opioid antagonist kit stored at the designated facility. The bill would provide that a designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability if they fail to identify an apparent overdose or provide an opioid antagonist, and that a designated facility is not obligated to acquire, post, or restock opioid antagonist kits under specified circumstances. The bill would require the department to provide opioid antagonist kits free of charge, to create the opioid antagonist poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray, and to make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs in the event of an opioid antagonist supply shortage. The bill would make a violation of these provisions a misdemeanor punishable by a fine subject to a civil penalty of not more than $1,000, by imprisonment in jail for 6 months, or both. $1,000. The bill would require these provisions to be effective 6 months after the department publishes the list of counties experiencing an opioid crisis on its internet website. The bill would require these provisions to be implemented only upon an appropriation being made for these purposes by the Legislature in the annual Budget Act or another statute.By creating a new crime and requiring public libraries to provide opioid antagonist kits, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 15 (commencing with Section 11860) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read: CHAPTER 15. Opioid Antagonist Kit CHAPTER 15. 11860. For purposes of this chapter, the following definitions apply:(a) Bar means a business with a Type 42, 48, or 90 license issued by the Department of Alcoholic Beverage Control. (a)(b) Designated facilities means a bar, gas station, public library, or single-room occupancy (SRO) a residential hotel.(b)(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.(c)(d) Opioid antagonist kit means an emergency medical response kit that contains both of the following:(1) A poster that provides simplified instructions on how to administer an opioid antagonist to a person who is suffering, or is reasonably believed to be suffering, from an opioid overdose. (2) An opioid antagonist nasal spray that is attached to the poster.(e) Residential hotel means a residential hotel as defined in Section 50519.11861. (a) This chapter shall apply to designated facilities in counties that are experiencing an opioid overdose crisis, as defined by, and based on metrics reported by, the department.(b) In order to ensure public safety, the person or entity that owns, manages, or is responsible for the designated facility shall do all of the following:(1) Acquire an opioid antagonist kit for the designated facility. (2) Place the opioid antagonist kit poster in an area that is readily accessible only by employees of the designated facility, including, but not limited to, a break room. (3) Inspect periodically all opioid antagonist kits acquired and posted in the designated facility to ensure the opioid antagonist nasal sprays are not expired.(4) Restock the opioid antagonist kit after each use.(c) A designated facility or person or entity that complies with subdivision (b) that provides aid with an opioid antagonist kit stored at a designated facility is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the opioid antagonist kit.(d) The opioid antagonist kit shall be posted and kept posted in every designated facility as required in paragraph (2) of subdivision (b).(e) A designated facility is not obligated to comply with subdivision (b) in the event of either of the following: (1) (A) There is a shortage of opioid antagonists, as identified in subdivision (c) of Section 11862.(B) In the event of a shortage, the department shall designate in which counties this chapter shall continue to apply.(2) The state is unable to provide opioid antagonist kits to designated facilities at no cost.11862. Upon an appropriation by the Legislature, the The State Department of Public Health shall do each of the following:(a) Provide an opioid antagonist kit kit, as described in subdivision (d) of Section 11860, free of charge to the person or entity identified in subdivision (b) of Section 11861.(b) Create the opioid antagonist kit poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray.(c) In the event of a shortage of opioid antagonist, make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs.11863. A person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine shall be subject to a civil penalty of not more than one thousand dollars ($1,000), by imprisonment in jail for six month, or both. ($1,000).11864. (a) A designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability in the event that they fail to identify an apparent overdose or provide an opioid antagonist to the apparent overdose on their premises.(b) A designated facility shall not prohibit its employee from providing an opioid antagonist in the event of an apparent overdose.11865. A designated facility is not required to provide training in the use of the opioid antagonist, beyond posting the opioid antagonist poster kit as detailed in paragraph (2) of subdivision (b) of Section 11861. 11866. (a) This chapter shall become effective six months after the department has published the list of counties experiencing an opioid crisis, as provided in subdivision (a) of Section 11861, on its internet website.(b) In the event that the department updates its list of counties that are experiencing an opioid overdose crisis, designated facilities in counties that were not on the list prior to the update shall be allowed a reasonable time to secure the requisite opioid antagonist kit.11867. This article shall be implemented only upon an appropriation being made for its purpose by the Legislature in the annual Budget Act or another statute. SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.SEC. 2. 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.
Amended IN Assembly March 06, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 24Introduced by Assembly Member HaneyDecember 05, 2022An act to add Chapter 15 (commencing with Section 11860) to Part 2 of Division 10.5 of the Health and Safety Code, relating to emergency response. LEGISLATIVE COUNSEL'S DIGESTAB 24, as amended, Haney. Emergency response: opioid antagonist kits.Existing law creates the State Department of Public Health and vests it with duties, powers, functions, jurisdiction, and responsibilities with regard to the advancement of public health. Existing law requires the department, 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 to first responders and to at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability any 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. This bill would require a person or entity that owns, manages, or is responsible for a bar, a designated facility, defined as a bar, as defined, gas station, public library, or single-room occupancy hotel residential hotel, as defined, in a county that is experiencing an opioid overdose crisis, as defined, to acquire and post an opioid antagonist kit, which includes an instructional poster and opioid antagonist nasal spray, in areas that are readily accessible only by employees, including, but not limited to, a break room, and to restock the opioid antagonist kit after each use. The bill would apply the provisions governing civil liability described above to a person or entity that acquires and posts the opioid antagonist kit. Upon appropriation by the Legislature, the designated facility that provides aid with an opioid antagonist kit stored at the designated facility. The bill would provide that a designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability if they fail to identify an apparent overdose or provide an opioid antagonist, and that a designated facility is not obligated to acquire, post, or restock opioid antagonist kits under specified circumstances. The bill would require the department to provide opioid antagonist kits free of charge, to create the opioid antagonist poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray, and to make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs in the event of an opioid antagonist supply shortage. The bill would make a violation of these provisions a misdemeanor punishable by a fine subject to a civil penalty of not more than $1,000, by imprisonment in jail for 6 months, or both. $1,000. The bill would require these provisions to be effective 6 months after the department publishes the list of counties experiencing an opioid crisis on its internet website. The bill would require these provisions to be implemented only upon an appropriation being made for these purposes by the Legislature in the annual Budget Act or another statute.By creating a new crime and requiring public libraries to provide opioid antagonist kits, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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: YES
Amended IN Assembly March 06, 2023
Amended IN Assembly March 06, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 24
Introduced by Assembly Member HaneyDecember 05, 2022
Introduced by Assembly Member Haney
December 05, 2022
An act to add Chapter 15 (commencing with Section 11860) to Part 2 of Division 10.5 of the Health and Safety Code, relating to emergency response.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 24, as amended, Haney. Emergency response: opioid antagonist kits.
Existing law creates the State Department of Public Health and vests it with duties, powers, functions, jurisdiction, and responsibilities with regard to the advancement of public health. Existing law requires the department, 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 to first responders and to at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability any 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. This bill would require a person or entity that owns, manages, or is responsible for a bar, a designated facility, defined as a bar, as defined, gas station, public library, or single-room occupancy hotel residential hotel, as defined, in a county that is experiencing an opioid overdose crisis, as defined, to acquire and post an opioid antagonist kit, which includes an instructional poster and opioid antagonist nasal spray, in areas that are readily accessible only by employees, including, but not limited to, a break room, and to restock the opioid antagonist kit after each use. The bill would apply the provisions governing civil liability described above to a person or entity that acquires and posts the opioid antagonist kit. Upon appropriation by the Legislature, the designated facility that provides aid with an opioid antagonist kit stored at the designated facility. The bill would provide that a designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability if they fail to identify an apparent overdose or provide an opioid antagonist, and that a designated facility is not obligated to acquire, post, or restock opioid antagonist kits under specified circumstances. The bill would require the department to provide opioid antagonist kits free of charge, to create the opioid antagonist poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray, and to make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs in the event of an opioid antagonist supply shortage. The bill would make a violation of these provisions a misdemeanor punishable by a fine subject to a civil penalty of not more than $1,000, by imprisonment in jail for 6 months, or both. $1,000. The bill would require these provisions to be effective 6 months after the department publishes the list of counties experiencing an opioid crisis on its internet website. The bill would require these provisions to be implemented only upon an appropriation being made for these purposes by the Legislature in the annual Budget Act or another statute.By creating a new crime and requiring public libraries to provide opioid antagonist kits, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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.
Existing law creates the State Department of Public Health and vests it with duties, powers, functions, jurisdiction, and responsibilities with regard to the advancement of public health. Existing law requires the department, 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 to first responders and to at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability any 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.
This bill would require a person or entity that owns, manages, or is responsible for a bar, a designated facility, defined as a bar, as defined, gas station, public library, or single-room occupancy hotel residential hotel, as defined, in a county that is experiencing an opioid overdose crisis, as defined, to acquire and post an opioid antagonist kit, which includes an instructional poster and opioid antagonist nasal spray, in areas that are readily accessible only by employees, including, but not limited to, a break room, and to restock the opioid antagonist kit after each use. The bill would apply the provisions governing civil liability described above to a person or entity that acquires and posts the opioid antagonist kit. Upon appropriation by the Legislature, the designated facility that provides aid with an opioid antagonist kit stored at the designated facility. The bill would provide that a designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability if they fail to identify an apparent overdose or provide an opioid antagonist, and that a designated facility is not obligated to acquire, post, or restock opioid antagonist kits under specified circumstances. The bill would require the department to provide opioid antagonist kits free of charge, to create the opioid antagonist poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray, and to make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs in the event of an opioid antagonist supply shortage. The bill would make a violation of these provisions a misdemeanor punishable by a fine subject to a civil penalty of not more than $1,000, by imprisonment in jail for 6 months, or both. $1,000. The bill would require these provisions to be effective 6 months after the department publishes the list of counties experiencing an opioid crisis on its internet website. The bill would require these provisions to be implemented only upon an appropriation being made for these purposes by the Legislature in the annual Budget Act or another statute.
By creating a new crime and requiring public libraries to provide opioid antagonist kits, this bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 15 (commencing with Section 11860) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read: CHAPTER 15. Opioid Antagonist Kit CHAPTER 15. 11860. For purposes of this chapter, the following definitions apply:(a) Bar means a business with a Type 42, 48, or 90 license issued by the Department of Alcoholic Beverage Control. (a)(b) Designated facilities means a bar, gas station, public library, or single-room occupancy (SRO) a residential hotel.(b)(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.(c)(d) Opioid antagonist kit means an emergency medical response kit that contains both of the following:(1) A poster that provides simplified instructions on how to administer an opioid antagonist to a person who is suffering, or is reasonably believed to be suffering, from an opioid overdose. (2) An opioid antagonist nasal spray that is attached to the poster.(e) Residential hotel means a residential hotel as defined in Section 50519.11861. (a) This chapter shall apply to designated facilities in counties that are experiencing an opioid overdose crisis, as defined by, and based on metrics reported by, the department.(b) In order to ensure public safety, the person or entity that owns, manages, or is responsible for the designated facility shall do all of the following:(1) Acquire an opioid antagonist kit for the designated facility. (2) Place the opioid antagonist kit poster in an area that is readily accessible only by employees of the designated facility, including, but not limited to, a break room. (3) Inspect periodically all opioid antagonist kits acquired and posted in the designated facility to ensure the opioid antagonist nasal sprays are not expired.(4) Restock the opioid antagonist kit after each use.(c) A designated facility or person or entity that complies with subdivision (b) that provides aid with an opioid antagonist kit stored at a designated facility is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the opioid antagonist kit.(d) The opioid antagonist kit shall be posted and kept posted in every designated facility as required in paragraph (2) of subdivision (b).(e) A designated facility is not obligated to comply with subdivision (b) in the event of either of the following: (1) (A) There is a shortage of opioid antagonists, as identified in subdivision (c) of Section 11862.(B) In the event of a shortage, the department shall designate in which counties this chapter shall continue to apply.(2) The state is unable to provide opioid antagonist kits to designated facilities at no cost.11862. Upon an appropriation by the Legislature, the The State Department of Public Health shall do each of the following:(a) Provide an opioid antagonist kit kit, as described in subdivision (d) of Section 11860, free of charge to the person or entity identified in subdivision (b) of Section 11861.(b) Create the opioid antagonist kit poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray.(c) In the event of a shortage of opioid antagonist, make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs.11863. A person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine shall be subject to a civil penalty of not more than one thousand dollars ($1,000), by imprisonment in jail for six month, or both. ($1,000).11864. (a) A designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability in the event that they fail to identify an apparent overdose or provide an opioid antagonist to the apparent overdose on their premises.(b) A designated facility shall not prohibit its employee from providing an opioid antagonist in the event of an apparent overdose.11865. A designated facility is not required to provide training in the use of the opioid antagonist, beyond posting the opioid antagonist poster kit as detailed in paragraph (2) of subdivision (b) of Section 11861. 11866. (a) This chapter shall become effective six months after the department has published the list of counties experiencing an opioid crisis, as provided in subdivision (a) of Section 11861, on its internet website.(b) In the event that the department updates its list of counties that are experiencing an opioid overdose crisis, designated facilities in counties that were not on the list prior to the update shall be allowed a reasonable time to secure the requisite opioid antagonist kit.11867. This article shall be implemented only upon an appropriation being made for its purpose by the Legislature in the annual Budget Act or another statute. SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.SEC. 2. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 15 (commencing with Section 11860) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read: CHAPTER 15. Opioid Antagonist Kit CHAPTER 15. 11860. For purposes of this chapter, the following definitions apply:(a) Bar means a business with a Type 42, 48, or 90 license issued by the Department of Alcoholic Beverage Control. (a)(b) Designated facilities means a bar, gas station, public library, or single-room occupancy (SRO) a residential hotel.(b)(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.(c)(d) Opioid antagonist kit means an emergency medical response kit that contains both of the following:(1) A poster that provides simplified instructions on how to administer an opioid antagonist to a person who is suffering, or is reasonably believed to be suffering, from an opioid overdose. (2) An opioid antagonist nasal spray that is attached to the poster.(e) Residential hotel means a residential hotel as defined in Section 50519.11861. (a) This chapter shall apply to designated facilities in counties that are experiencing an opioid overdose crisis, as defined by, and based on metrics reported by, the department.(b) In order to ensure public safety, the person or entity that owns, manages, or is responsible for the designated facility shall do all of the following:(1) Acquire an opioid antagonist kit for the designated facility. (2) Place the opioid antagonist kit poster in an area that is readily accessible only by employees of the designated facility, including, but not limited to, a break room. (3) Inspect periodically all opioid antagonist kits acquired and posted in the designated facility to ensure the opioid antagonist nasal sprays are not expired.(4) Restock the opioid antagonist kit after each use.(c) A designated facility or person or entity that complies with subdivision (b) that provides aid with an opioid antagonist kit stored at a designated facility is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the opioid antagonist kit.(d) The opioid antagonist kit shall be posted and kept posted in every designated facility as required in paragraph (2) of subdivision (b).(e) A designated facility is not obligated to comply with subdivision (b) in the event of either of the following: (1) (A) There is a shortage of opioid antagonists, as identified in subdivision (c) of Section 11862.(B) In the event of a shortage, the department shall designate in which counties this chapter shall continue to apply.(2) The state is unable to provide opioid antagonist kits to designated facilities at no cost.11862. Upon an appropriation by the Legislature, the The State Department of Public Health shall do each of the following:(a) Provide an opioid antagonist kit kit, as described in subdivision (d) of Section 11860, free of charge to the person or entity identified in subdivision (b) of Section 11861.(b) Create the opioid antagonist kit poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray.(c) In the event of a shortage of opioid antagonist, make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs.11863. A person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine shall be subject to a civil penalty of not more than one thousand dollars ($1,000), by imprisonment in jail for six month, or both. ($1,000).11864. (a) A designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability in the event that they fail to identify an apparent overdose or provide an opioid antagonist to the apparent overdose on their premises.(b) A designated facility shall not prohibit its employee from providing an opioid antagonist in the event of an apparent overdose.11865. A designated facility is not required to provide training in the use of the opioid antagonist, beyond posting the opioid antagonist poster kit as detailed in paragraph (2) of subdivision (b) of Section 11861. 11866. (a) This chapter shall become effective six months after the department has published the list of counties experiencing an opioid crisis, as provided in subdivision (a) of Section 11861, on its internet website.(b) In the event that the department updates its list of counties that are experiencing an opioid overdose crisis, designated facilities in counties that were not on the list prior to the update shall be allowed a reasonable time to secure the requisite opioid antagonist kit.11867. This article shall be implemented only upon an appropriation being made for its purpose by the Legislature in the annual Budget Act or another statute.
SECTION 1. Chapter 15 (commencing with Section 11860) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:
### SECTION 1.
CHAPTER 15. Opioid Antagonist Kit CHAPTER 15. 11860. For purposes of this chapter, the following definitions apply:(a) Bar means a business with a Type 42, 48, or 90 license issued by the Department of Alcoholic Beverage Control. (a)(b) Designated facilities means a bar, gas station, public library, or single-room occupancy (SRO) a residential hotel.(b)(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.(c)(d) Opioid antagonist kit means an emergency medical response kit that contains both of the following:(1) A poster that provides simplified instructions on how to administer an opioid antagonist to a person who is suffering, or is reasonably believed to be suffering, from an opioid overdose. (2) An opioid antagonist nasal spray that is attached to the poster.(e) Residential hotel means a residential hotel as defined in Section 50519.11861. (a) This chapter shall apply to designated facilities in counties that are experiencing an opioid overdose crisis, as defined by, and based on metrics reported by, the department.(b) In order to ensure public safety, the person or entity that owns, manages, or is responsible for the designated facility shall do all of the following:(1) Acquire an opioid antagonist kit for the designated facility. (2) Place the opioid antagonist kit poster in an area that is readily accessible only by employees of the designated facility, including, but not limited to, a break room. (3) Inspect periodically all opioid antagonist kits acquired and posted in the designated facility to ensure the opioid antagonist nasal sprays are not expired.(4) Restock the opioid antagonist kit after each use.(c) A designated facility or person or entity that complies with subdivision (b) that provides aid with an opioid antagonist kit stored at a designated facility is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the opioid antagonist kit.(d) The opioid antagonist kit shall be posted and kept posted in every designated facility as required in paragraph (2) of subdivision (b).(e) A designated facility is not obligated to comply with subdivision (b) in the event of either of the following: (1) (A) There is a shortage of opioid antagonists, as identified in subdivision (c) of Section 11862.(B) In the event of a shortage, the department shall designate in which counties this chapter shall continue to apply.(2) The state is unable to provide opioid antagonist kits to designated facilities at no cost.11862. Upon an appropriation by the Legislature, the The State Department of Public Health shall do each of the following:(a) Provide an opioid antagonist kit kit, as described in subdivision (d) of Section 11860, free of charge to the person or entity identified in subdivision (b) of Section 11861.(b) Create the opioid antagonist kit poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray.(c) In the event of a shortage of opioid antagonist, make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs.11863. A person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine shall be subject to a civil penalty of not more than one thousand dollars ($1,000), by imprisonment in jail for six month, or both. ($1,000).11864. (a) A designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability in the event that they fail to identify an apparent overdose or provide an opioid antagonist to the apparent overdose on their premises.(b) A designated facility shall not prohibit its employee from providing an opioid antagonist in the event of an apparent overdose.11865. A designated facility is not required to provide training in the use of the opioid antagonist, beyond posting the opioid antagonist poster kit as detailed in paragraph (2) of subdivision (b) of Section 11861. 11866. (a) This chapter shall become effective six months after the department has published the list of counties experiencing an opioid crisis, as provided in subdivision (a) of Section 11861, on its internet website.(b) In the event that the department updates its list of counties that are experiencing an opioid overdose crisis, designated facilities in counties that were not on the list prior to the update shall be allowed a reasonable time to secure the requisite opioid antagonist kit.11867. This article shall be implemented only upon an appropriation being made for its purpose by the Legislature in the annual Budget Act or another statute.
CHAPTER 15. Opioid Antagonist Kit CHAPTER 15. 11860. For purposes of this chapter, the following definitions apply:(a) Bar means a business with a Type 42, 48, or 90 license issued by the Department of Alcoholic Beverage Control. (a)(b) Designated facilities means a bar, gas station, public library, or single-room occupancy (SRO) a residential hotel.(b)(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.(c)(d) Opioid antagonist kit means an emergency medical response kit that contains both of the following:(1) A poster that provides simplified instructions on how to administer an opioid antagonist to a person who is suffering, or is reasonably believed to be suffering, from an opioid overdose. (2) An opioid antagonist nasal spray that is attached to the poster.(e) Residential hotel means a residential hotel as defined in Section 50519.11861. (a) This chapter shall apply to designated facilities in counties that are experiencing an opioid overdose crisis, as defined by, and based on metrics reported by, the department.(b) In order to ensure public safety, the person or entity that owns, manages, or is responsible for the designated facility shall do all of the following:(1) Acquire an opioid antagonist kit for the designated facility. (2) Place the opioid antagonist kit poster in an area that is readily accessible only by employees of the designated facility, including, but not limited to, a break room. (3) Inspect periodically all opioid antagonist kits acquired and posted in the designated facility to ensure the opioid antagonist nasal sprays are not expired.(4) Restock the opioid antagonist kit after each use.(c) A designated facility or person or entity that complies with subdivision (b) that provides aid with an opioid antagonist kit stored at a designated facility is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the opioid antagonist kit.(d) The opioid antagonist kit shall be posted and kept posted in every designated facility as required in paragraph (2) of subdivision (b).(e) A designated facility is not obligated to comply with subdivision (b) in the event of either of the following: (1) (A) There is a shortage of opioid antagonists, as identified in subdivision (c) of Section 11862.(B) In the event of a shortage, the department shall designate in which counties this chapter shall continue to apply.(2) The state is unable to provide opioid antagonist kits to designated facilities at no cost.11862. Upon an appropriation by the Legislature, the The State Department of Public Health shall do each of the following:(a) Provide an opioid antagonist kit kit, as described in subdivision (d) of Section 11860, free of charge to the person or entity identified in subdivision (b) of Section 11861.(b) Create the opioid antagonist kit poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray.(c) In the event of a shortage of opioid antagonist, make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs.11863. A person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine shall be subject to a civil penalty of not more than one thousand dollars ($1,000), by imprisonment in jail for six month, or both. ($1,000).11864. (a) A designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability in the event that they fail to identify an apparent overdose or provide an opioid antagonist to the apparent overdose on their premises.(b) A designated facility shall not prohibit its employee from providing an opioid antagonist in the event of an apparent overdose.11865. A designated facility is not required to provide training in the use of the opioid antagonist, beyond posting the opioid antagonist poster kit as detailed in paragraph (2) of subdivision (b) of Section 11861. 11866. (a) This chapter shall become effective six months after the department has published the list of counties experiencing an opioid crisis, as provided in subdivision (a) of Section 11861, on its internet website.(b) In the event that the department updates its list of counties that are experiencing an opioid overdose crisis, designated facilities in counties that were not on the list prior to the update shall be allowed a reasonable time to secure the requisite opioid antagonist kit.11867. This article shall be implemented only upon an appropriation being made for its purpose by the Legislature in the annual Budget Act or another statute.
CHAPTER 15. Opioid Antagonist Kit CHAPTER 15.
CHAPTER 15. Opioid Antagonist Kit
CHAPTER 15.
11860. For purposes of this chapter, the following definitions apply:(a) Bar means a business with a Type 42, 48, or 90 license issued by the Department of Alcoholic Beverage Control. (a)(b) Designated facilities means a bar, gas station, public library, or single-room occupancy (SRO) a residential hotel.(b)(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.(c)(d) Opioid antagonist kit means an emergency medical response kit that contains both of the following:(1) A poster that provides simplified instructions on how to administer an opioid antagonist to a person who is suffering, or is reasonably believed to be suffering, from an opioid overdose. (2) An opioid antagonist nasal spray that is attached to the poster.(e) Residential hotel means a residential hotel as defined in Section 50519.
11860. For purposes of this chapter, the following definitions apply:
(a) Bar means a business with a Type 42, 48, or 90 license issued by the Department of Alcoholic Beverage Control.
(a)
(b) Designated facilities means a bar, gas station, public library, or single-room occupancy (SRO) a residential hotel.
(b)
(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.
(c)
(d) Opioid antagonist kit means an emergency medical response kit that contains both of the following:
(1) A poster that provides simplified instructions on how to administer an opioid antagonist to a person who is suffering, or is reasonably believed to be suffering, from an opioid overdose.
(2) An opioid antagonist nasal spray that is attached to the poster.
(e) Residential hotel means a residential hotel as defined in Section 50519.
11861. (a) This chapter shall apply to designated facilities in counties that are experiencing an opioid overdose crisis, as defined by, and based on metrics reported by, the department.(b) In order to ensure public safety, the person or entity that owns, manages, or is responsible for the designated facility shall do all of the following:(1) Acquire an opioid antagonist kit for the designated facility. (2) Place the opioid antagonist kit poster in an area that is readily accessible only by employees of the designated facility, including, but not limited to, a break room. (3) Inspect periodically all opioid antagonist kits acquired and posted in the designated facility to ensure the opioid antagonist nasal sprays are not expired.(4) Restock the opioid antagonist kit after each use.(c) A designated facility or person or entity that complies with subdivision (b) that provides aid with an opioid antagonist kit stored at a designated facility is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the opioid antagonist kit.(d) The opioid antagonist kit shall be posted and kept posted in every designated facility as required in paragraph (2) of subdivision (b).(e) A designated facility is not obligated to comply with subdivision (b) in the event of either of the following: (1) (A) There is a shortage of opioid antagonists, as identified in subdivision (c) of Section 11862.(B) In the event of a shortage, the department shall designate in which counties this chapter shall continue to apply.(2) The state is unable to provide opioid antagonist kits to designated facilities at no cost.
11861. (a) This chapter shall apply to designated facilities in counties that are experiencing an opioid overdose crisis, as defined by, and based on metrics reported by, the department.
(b) In order to ensure public safety, the person or entity that owns, manages, or is responsible for the designated facility shall do all of the following:
(1) Acquire an opioid antagonist kit for the designated facility.
(2) Place the opioid antagonist kit poster in an area that is readily accessible only by employees of the designated facility, including, but not limited to, a break room.
(3) Inspect periodically all opioid antagonist kits acquired and posted in the designated facility to ensure the opioid antagonist nasal sprays are not expired.
(4) Restock the opioid antagonist kit after each use.
(c) A designated facility or person or entity that complies with subdivision (b) that provides aid with an opioid antagonist kit stored at a designated facility is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of the opioid antagonist kit.
(d) The opioid antagonist kit shall be posted and kept posted in every designated facility as required in paragraph (2) of subdivision (b).
(e) A designated facility is not obligated to comply with subdivision (b) in the event of either of the following:
(1) (A) There is a shortage of opioid antagonists, as identified in subdivision (c) of Section 11862.
(B) In the event of a shortage, the department shall designate in which counties this chapter shall continue to apply.
(2) The state is unable to provide opioid antagonist kits to designated facilities at no cost.
11862. Upon an appropriation by the Legislature, the The State Department of Public Health shall do each of the following:(a) Provide an opioid antagonist kit kit, as described in subdivision (d) of Section 11860, free of charge to the person or entity identified in subdivision (b) of Section 11861.(b) Create the opioid antagonist kit poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray.(c) In the event of a shortage of opioid antagonist, make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs.
11862. Upon an appropriation by the Legislature, the The State Department of Public Health shall do each of the following:
(a) Provide an opioid antagonist kit kit, as described in subdivision (d) of Section 11860, free of charge to the person or entity identified in subdivision (b) of Section 11861.
(b) Create the opioid antagonist kit poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray.
(c) In the event of a shortage of opioid antagonist, make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs.
11863. A person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine shall be subject to a civil penalty of not more than one thousand dollars ($1,000), by imprisonment in jail for six month, or both. ($1,000).
11863. A person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine shall be subject to a civil penalty of not more than one thousand dollars ($1,000), by imprisonment in jail for six month, or both. ($1,000).
11864. (a) A designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability in the event that they fail to identify an apparent overdose or provide an opioid antagonist to the apparent overdose on their premises.(b) A designated facility shall not prohibit its employee from providing an opioid antagonist in the event of an apparent overdose.
11864. (a) A designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability in the event that they fail to identify an apparent overdose or provide an opioid antagonist to the apparent overdose on their premises.
(b) A designated facility shall not prohibit its employee from providing an opioid antagonist in the event of an apparent overdose.
11865. A designated facility is not required to provide training in the use of the opioid antagonist, beyond posting the opioid antagonist poster kit as detailed in paragraph (2) of subdivision (b) of Section 11861.
11865. A designated facility is not required to provide training in the use of the opioid antagonist, beyond posting the opioid antagonist poster kit as detailed in paragraph (2) of subdivision (b) of Section 11861.
11866. (a) This chapter shall become effective six months after the department has published the list of counties experiencing an opioid crisis, as provided in subdivision (a) of Section 11861, on its internet website.(b) In the event that the department updates its list of counties that are experiencing an opioid overdose crisis, designated facilities in counties that were not on the list prior to the update shall be allowed a reasonable time to secure the requisite opioid antagonist kit.
11866. (a) This chapter shall become effective six months after the department has published the list of counties experiencing an opioid crisis, as provided in subdivision (a) of Section 11861, on its internet website.
(b) In the event that the department updates its list of counties that are experiencing an opioid overdose crisis, designated facilities in counties that were not on the list prior to the update shall be allowed a reasonable time to secure the requisite opioid antagonist kit.
11867. This article shall be implemented only upon an appropriation being made for its purpose by the Legislature in the annual Budget Act or another statute.
11867. This article shall be implemented only upon an appropriation being made for its purpose by the Legislature in the annual Budget Act or another statute.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 2. 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.
SEC. 2. 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.
SEC. 2. 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.
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