California 2009-2010 Regular Session Status: Enacted

AB 2145 — Drug overdose treatment: liability.

Last action — Chaptered by Secretary of State - Chapter 545, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a physician and surgeon to prescribe, dispense, or administer prescription drugs, including prescription-controlled substances, to an addict under his or her treatment, as specified. Existing law prohibits, except in the regular practice of his or her profession, any person from knowingly prescribing, administering, dispensing, or furnishing a controlled substance to or for any person who is not under his or her treatment for a pathology or condition other than an addiction to a controlled substance, except as specified. Existing law authorizes, until January 1, 2011, and only in specified counties, a licensed health care provider, who is already permitted pursuant to existing law to prescribe an opioid antagonist, as defined, if acting with reasonable care, to prescribe and subsequently dispense or distribute an opioid antagonist in conjunction with an opioid overdose prevention and treatment training program, as defined, without being subject to civil liability or criminal prosecution. Existing law requires a local health jurisdiction that operates or registers an opioid overdose prevention and treatment training program to collect prescribed data and report it to the Senate and Assembly Committees on Judiciary by January 1, 2010. This bill would instead require that this report be made by January 1, 2015, and would also extend the repeal date of these provisions to January 1, 2016. The bill would authorize a person who is not otherwise licensed to administer an opioid antagonist in an emergency without fee if the person has received specified training information and believes in good faith that the other person is experiencing a drug overdose. The bill would prohibit that person, as a result of his or her acts or omissions, from being liable for any violation of any professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antagonist.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 545, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 6419.)

  5. Assembly Rule 77 suspended. (Page 6373.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4598.)

  8. Ordered to third reading.

  9. From Special Consent Calendar pursuant to Joint Rule 22.2.

  10. Ordered to Special Consent Calendar.

  11. Read second time and amended. Ordered to third reading.

  12. From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (June 22).

  13. Referred to Com. on JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 74. Noes 1. Page 5462.)

  16. Read second time. To third reading.

  17. Read second time and amended. Ordered returned to second reading.

  18. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (April 13).

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Referred to Com. on JUD.

  23. From printer. May be heard in committee March 21.

  24. Read first time. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Ammiano

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 3000
Republican 2001
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hall — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Galgiani — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Not Voting
Audra — Not Voting
Garrick — Yea
Chesbro — Yea
Cook — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Carter — Yea
Conway — Yea
Coto — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2000
Republican 1000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
Corbett — Not Voting
Correa — Yea
Ducheny — Yea
McLeod — Yea
Pavley — Yea
Dutton — Yea
Price — Yea
Simitian — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Liu — Yea
Oropeza — Not Voting
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Corbett — Yea
Walters — Not Voting
Leno — Yea

Official roll call →

Passed 84 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 2100
Republican 2001
Total 84106
% of votes cast 92%1%0%7%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Bass — Yea
Coto — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Audra — Not Voting
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Not Voting
Lieu — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Conway — Yea
Coto — Yea
Charles — Yea
Miller — Yea
Bradford — Yea
Monning — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Ammiano — Yea
Harkey — Yea
Nielsen — Yea
Solorio — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Hagman — Yea
Feuer — Yea
Huffman — Yea
Knight — Not Voting
Monning — Yea
Nava — Yea
Skinner — Yea
Tran — Yea
Brownley — Yea
Hill — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2145 do?
Existing law authorizes a physician and surgeon to prescribe, dispense, or administer prescription drugs, including prescription-controlled substances, to an addict under his or her treatment, as specified. Existing law prohibits, except in the regular practice of his or her profession, any person from knowingly prescribing, administering, dispensing, or furnishing a controlled substance to or for any person who is not under his or her treatment for a pathology or condition other than an addiction to a controlled substance, except as specified. Existing law authorizes, until January 1, 2011, and only in specified counties, a licensed health care provider, who is already permitted pursuant to existing law to prescribe an opioid antagonist, as defined, if acting with reasonable care, to prescribe and subsequently dispense or distribute an opioid antagonist in conjunction with an opioid overdose prevention and treatment training program, as defined, without being subject to civil liability or criminal prosecution. Existing law requires a local health jurisdiction that operates or registers an opioid overdose prevention and treatment training program to collect prescribed data and report it to the Senate and Assembly Committees on Judiciary by January 1, 2010. This bill would instead require that this report be made by January 1, 2015, and would also extend the repeal date of these provisions to January 1, 2016. The bill would authorize a person who is not otherwise licensed to administer an opioid antagonist in an emergency without fee if the person has received specified training information and believes in good faith that the other person is experiencing a drug overdose. The bill would prohibit that person, as a result of his or her acts or omissions, from being liable for any violation of any professional licensing statute, or subject to any criminal prosecution arising from or related to the unauthorized practice of medicine or the possession of an opioid antagonist.
Who sponsors AB 2145?
AB 2145 is sponsored by Ammiano.
What is the current status of AB 2145?
This bill has been enacted into law. Introduced February 18, 2010. Enacted.
Where can I track AB 2145?
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