California 2025-2026 Regular Session

California Assembly Bill AB1320 Compare Versions

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11 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1320Introduced by Assembly Member PattersonFebruary 21, 2025 An act to add Section 127698 to the Health and Safety Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1320, as introduced, Patterson. California Affordable Drug Manufacturing Act of 2020: opioid antagonists.Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) or its departments to enter into partnerships, in consultation with other state departments as necessary, to increase competition, lower prices, and address shortages in the market for generic prescription drugs, to reduce the cost of prescription drugs for public and private purchasers, taxpayers, and consumers, and to increase patient access to affordable drugs. For purposes of implementing these provisions, existing law authorizes CHHSA and its departments, including the Department of Health Care Access and Information, to enter into exclusive or nonexclusive contracts on a bid or negotiated bases. Existing law exempts these contracts entered into by CHHSA and its departments from the review or approval of any division of the Department of General Services as well as from provisions pertaining to bidding and awarding of state contracts.This bill would prohibit a state agency from awarding a contract, pursuant to the above provisions, on a noncompetitive basis for the purchase or acquisition of an opioid antagonist, as defined, with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic. The bill would make a contract void and unenforceable for a violation of this provision and apply those provisions retroactively to contracts entered into before January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 127698 is added to the Health and Safety Code, to read:127698. (a) Notwithstanding Section 127692, a state agency shall not, pursuant to this chapter, award a contract on a noncompetitive basis for the purchase or acquisition of an opioid antagonist with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic.(b) A contract is void and unenforceable if it violates this section.(c) This section shall apply retroactively to any contract entered into before January 1, 2026.(d) For purposes of this section, 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.
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33 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1320Introduced by Assembly Member PattersonFebruary 21, 2025 An act to add Section 127698 to the Health and Safety Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1320, as introduced, Patterson. California Affordable Drug Manufacturing Act of 2020: opioid antagonists.Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) or its departments to enter into partnerships, in consultation with other state departments as necessary, to increase competition, lower prices, and address shortages in the market for generic prescription drugs, to reduce the cost of prescription drugs for public and private purchasers, taxpayers, and consumers, and to increase patient access to affordable drugs. For purposes of implementing these provisions, existing law authorizes CHHSA and its departments, including the Department of Health Care Access and Information, to enter into exclusive or nonexclusive contracts on a bid or negotiated bases. Existing law exempts these contracts entered into by CHHSA and its departments from the review or approval of any division of the Department of General Services as well as from provisions pertaining to bidding and awarding of state contracts.This bill would prohibit a state agency from awarding a contract, pursuant to the above provisions, on a noncompetitive basis for the purchase or acquisition of an opioid antagonist, as defined, with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic. The bill would make a contract void and unenforceable for a violation of this provision and apply those provisions retroactively to contracts entered into before January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 1320
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1515 Introduced by Assembly Member PattersonFebruary 21, 2025
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1717 Introduced by Assembly Member Patterson
1818 February 21, 2025
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2020 An act to add Section 127698 to the Health and Safety Code, relating to public contracts.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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2626 AB 1320, as introduced, Patterson. California Affordable Drug Manufacturing Act of 2020: opioid antagonists.
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2828 Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) or its departments to enter into partnerships, in consultation with other state departments as necessary, to increase competition, lower prices, and address shortages in the market for generic prescription drugs, to reduce the cost of prescription drugs for public and private purchasers, taxpayers, and consumers, and to increase patient access to affordable drugs. For purposes of implementing these provisions, existing law authorizes CHHSA and its departments, including the Department of Health Care Access and Information, to enter into exclusive or nonexclusive contracts on a bid or negotiated bases. Existing law exempts these contracts entered into by CHHSA and its departments from the review or approval of any division of the Department of General Services as well as from provisions pertaining to bidding and awarding of state contracts.This bill would prohibit a state agency from awarding a contract, pursuant to the above provisions, on a noncompetitive basis for the purchase or acquisition of an opioid antagonist, as defined, with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic. The bill would make a contract void and unenforceable for a violation of this provision and apply those provisions retroactively to contracts entered into before January 1, 2026.
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3030 Existing law, the California Affordable Drug Manufacturing Act of 2020, requires the California Health and Human Services Agency (CHHSA) or its departments to enter into partnerships, in consultation with other state departments as necessary, to increase competition, lower prices, and address shortages in the market for generic prescription drugs, to reduce the cost of prescription drugs for public and private purchasers, taxpayers, and consumers, and to increase patient access to affordable drugs. For purposes of implementing these provisions, existing law authorizes CHHSA and its departments, including the Department of Health Care Access and Information, to enter into exclusive or nonexclusive contracts on a bid or negotiated bases. Existing law exempts these contracts entered into by CHHSA and its departments from the review or approval of any division of the Department of General Services as well as from provisions pertaining to bidding and awarding of state contracts.
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3232 This bill would prohibit a state agency from awarding a contract, pursuant to the above provisions, on a noncompetitive basis for the purchase or acquisition of an opioid antagonist, as defined, with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic. The bill would make a contract void and unenforceable for a violation of this provision and apply those provisions retroactively to contracts entered into before January 1, 2026.
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3434 ## Digest Key
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3636 ## Bill Text
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3838 The people of the State of California do enact as follows:SECTION 1. Section 127698 is added to the Health and Safety Code, to read:127698. (a) Notwithstanding Section 127692, a state agency shall not, pursuant to this chapter, award a contract on a noncompetitive basis for the purchase or acquisition of an opioid antagonist with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic.(b) A contract is void and unenforceable if it violates this section.(c) This section shall apply retroactively to any contract entered into before January 1, 2026.(d) For purposes of this section, 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.
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4040 The people of the State of California do enact as follows:
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4242 ## The people of the State of California do enact as follows:
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4444 SECTION 1. Section 127698 is added to the Health and Safety Code, to read:127698. (a) Notwithstanding Section 127692, a state agency shall not, pursuant to this chapter, award a contract on a noncompetitive basis for the purchase or acquisition of an opioid antagonist with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic.(b) A contract is void and unenforceable if it violates this section.(c) This section shall apply retroactively to any contract entered into before January 1, 2026.(d) For purposes of this section, 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.
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4646 SECTION 1. Section 127698 is added to the Health and Safety Code, to read:
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4848 ### SECTION 1.
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5050 127698. (a) Notwithstanding Section 127692, a state agency shall not, pursuant to this chapter, award a contract on a noncompetitive basis for the purchase or acquisition of an opioid antagonist with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic.(b) A contract is void and unenforceable if it violates this section.(c) This section shall apply retroactively to any contract entered into before January 1, 2026.(d) For purposes of this section, 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.
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5252 127698. (a) Notwithstanding Section 127692, a state agency shall not, pursuant to this chapter, award a contract on a noncompetitive basis for the purchase or acquisition of an opioid antagonist with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic.(b) A contract is void and unenforceable if it violates this section.(c) This section shall apply retroactively to any contract entered into before January 1, 2026.(d) For purposes of this section, 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.
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5454 127698. (a) Notwithstanding Section 127692, a state agency shall not, pursuant to this chapter, award a contract on a noncompetitive basis for the purchase or acquisition of an opioid antagonist with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic.(b) A contract is void and unenforceable if it violates this section.(c) This section shall apply retroactively to any contract entered into before January 1, 2026.(d) For purposes of this section, 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.
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5858 127698. (a) Notwithstanding Section 127692, a state agency shall not, pursuant to this chapter, award a contract on a noncompetitive basis for the purchase or acquisition of an opioid antagonist with a contractor that has entered into a multistate settlement agreement for its role in contributing to the opioid epidemic.
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6060 (b) A contract is void and unenforceable if it violates this section.
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6262 (c) This section shall apply retroactively to any contract entered into before January 1, 2026.
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6464 (d) For purposes of this section, 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.