California 2013-2014 Regular Session Status: Enacted

AB 635 — Drug overdose treatment: liability.

Last action — Chaptered by Secretary of State - Chapter 707, Statutes of 2013.

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  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 20, 2013. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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, 2016, 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, and who is 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, 2015. Existing law authorizes, until January 1, 2016, and only in specified counties, a person who is not licensed to administer an opioid antagonist to do so 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. Existing law prohibits 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. This bill would revise and recast these provisions to instead authorize a licensed health care provider who is permitted by law to prescribe an opioid antagonist and is acting with reasonable care to prescribe and subsequently dispense or distribute an opioid antagonist for the treatment of an opioid overdose to a person at risk of an opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose. The bill would authorize these licensed health care providers to issue standing orders for the distribution of an opioid antagonist to a person at risk of an opioid-related overdose or to a family member, friend, or other person in a position to assist the person at risk. The bill would authorize these licensed health care providers to issue standing orders for the administration of an opioid antagonist by a family member, friend, or other person in a position to assist a person experiencing or suspected of experiencing an opioid overdose. The bill would provide that a licensed health care provider who acts with reasonable care and issues a prescription for, or an order for the administration of, an opioid antagonist to a person experiencing or suspected of experiencing an opioid overdose is not subject to professional review, liable in a civil action, or subject to criminal prosecution for issuing the prescription or order. The bill would provide that a person who is not otherwise licensed to administer an opioid antagonist, but who meets other specified conditions, is not subject to professional review, liable in a civil action, or subject to criminal prosecution for administering an opioid antagonist. The bill would also delete the repeal date and reporting requirements and expand the applicability of these provisions statewide.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 707, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3035.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2183.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Do pass as amended. (Ayes 6. Noes 0.) (June 18).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 915.)

  14. Read third time and amended. Ordered to third reading. (Page 877.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 9. Noes 0.) (April 2).

  17. Referred to Com. on JUD.

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

  19. Read first time. To print.

Sponsors

  • Ammiano · Primary
  • DeSaulnier · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Ammiano

Co-sponsors (1)

  • DeSaulnier

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 635 AMMIANO Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 3000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Not Voting
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mullin — Yea
Skinner — Yea
Ting — Yea
Wieckowski — Yea
Gray — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Gomez — Yea
Lowenthal — Yea
Garcia — Yea
Chesbro — Yea
Hall — Yea
Harkey — Yea
Levine — Yea
Logue — Yea
Medina — Yea
Melendez — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Waldron — Yea
Atkins — Yea
Fong — Yea
Williams — Yea
Frazier — Yea
Gorell — Yea
Hagman — Yea
Campos — Yea
Mansoor — Yea
Morrell — Yea
Allen — Yea
Bonilla — Yea
Nazarian — Yea
Alejo — Yea
Chau — Yea
Chávez — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB635 Ammiano By DeSaulnier

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 2001
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Not Voting
Block — Yea
Hueso — Yea
Huff — Yea
Monning — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
Cannella — Yea
Corbett — Yea
Wright — Yea
Fuller — Yea
Galgiani — Yea
De León — Not Voting
Hernandez — Yea
Hill — Yea
Knight — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Wolk — Yea
DeSaulnier — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Leno — Yea
Monning — Yea
Evans — Yea
Corbett — Yea
Walters — Yea
Anderson — Not Voting
Jackson, Corey A. Democratic Yea

Official roll call →

AB 635 AMMIANO Assembly Third Reading

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 66002
Democratic 7000
Republican 4000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Levine — Yea
Linder — Yea
Mansoor — Yea
Mullin — Yea
Nestande — Yea
Olsen — Yea
Skinner — Yea
Ting — Yea
Wagner — Yea
Frazier — Yea
Gordon — Yea
Gorell — Yea
Holden — Yea
Stone — Yea
Nazarian — Yea
Campos — Yea
Quirk — Yea
Bonilla — Yea
Alejo — Yea
Ammiano — Yea
Daly — Yea
Torres — Yea
Weber — Yea
Wilk — Yea
Gomez — Yea
Hagman — Yea
Hall — Yea
Gray — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Atkins — Yea
Lowenthal — Not Voting
Logue — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Morrell — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Waldron — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 2000
Total 8002
% of votes cast 80%0%0%20%
How each member voted (10)
Member Party Vote
Alejo — Not Voting
Maienschein — Yea
Stone — Yea
Chau — Yea
Wagner — Yea
Wieckowski — Yea
Dickinson — Yea
Gorell — Not Voting
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 635 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, 2016, 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, and who is 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, 2015. Existing law authorizes, until January 1, 2016, and only in specified counties, a person who is not licensed to administer an opioid antagonist to do so 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. Existing law prohibits 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. This bill would revise and recast these provisions to instead authorize a licensed health care provider who is permitted by law to prescribe an opioid antagonist and is acting with reasonable care to prescribe and subsequently dispense or distribute an opioid antagonist for the treatment of an opioid overdose to a person at risk of an opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose. The bill would authorize these licensed health care providers to issue standing orders for the distribution of an opioid antagonist to a person at risk of an opioid-related overdose or to a family member, friend, or other person in a position to assist the person at risk. The bill would authorize these licensed health care providers to issue standing orders for the administration of an opioid antagonist by a family member, friend, or other person in a position to assist a person experiencing or suspected of experiencing an opioid overdose. The bill would provide that a licensed health care provider who acts with reasonable care and issues a prescription for, or an order for the administration of, an opioid antagonist to a person experiencing or suspected of experiencing an opioid overdose is not subject to professional review, liable in a civil action, or subject to criminal prosecution for issuing the prescription or order. The bill would provide that a person who is not otherwise licensed to administer an opioid antagonist, but who meets other specified conditions, is not subject to professional review, liable in a civil action, or subject to criminal prosecution for administering an opioid antagonist. The bill would also delete the repeal date and reporting requirements and expand the applicability of these provisions statewide.
Who sponsors AB 635?
AB 635 is sponsored by Ammiano and DeSaulnier.
What is the current status of AB 635?
This bill has been enacted into law. Introduced February 20, 2013. Enacted.
Where can I track AB 635?
Track AB 635 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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