Cal. Civ. Code § 1714.22
OBLIGATIONS IMPOSED BY LAW
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
(a) For purposes of this section: (1) “Opioid antagonist” means naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose. (2) “Opioid overdose prevention and treatment training program” or “program” means any program operated by a local health jurisdiction or that is registered by a local health jurisdiction to train individuals to prevent, recognize, and respond to an opiate overdose, and that provides, at a minimum, training in all of the following: (A) The causes of an opiate overdose. (B) Mouth to mouth resuscitation. (C) How to contact appropriate emergency medical services. (D) How to administer an opioid antagonist.
(a) For purposes of this section, the following definitions apply: (1) “Opioid antagonist” means naloxone hydrochloride or any other opioid antagonist that is approved by the United States Food and Drug Administration for the treatment of an opioid overdose. (2) “Opioid overdose prevention and treatment training program” means any program operated by a local health jurisdiction or that is registered by a local health jurisdiction to train individuals to prevent, recognize, and respond to an opiate overdose, and that provides, at a minimum, training in all of the following: (A) The causes of an opiate overdose. (B) Basic life support. (C) How to contact appropriate emergency medical services. (D) How to administer an opioid antagonist.
(b) A licensed health care provider who is permitted by law to prescribe an opioid antagonist may, if acting with reasonable care, prescribe and subsequently dispense or distribute an opioid antagonist in conjunction with an opioid overdose prevention and treatment training program, without being subject to civil liability or criminal prosecution. This immunity shall apply to the licensed health care provider even when the opioid antagonist is administered by and to someone other than the person to whom it is prescribed.
(b) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may, if acting with reasonable care, prescribe and subsequently dispense or distribute an opioid antagonist to a person at risk of an overdose or to a family member, friend, or other person in a position to assist a person at risk of an overdose.
(c) (1) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may issue standing orders for the distribution of an opioid antagonist to a person at risk of an overdose or to a family member, friend, or other person in a position to assist a person at risk of an overdose.
(2) A licensed health care provider who is authorized by law to prescribe an opioid antagonist may issue standing orders for the administration of an opioid antagonist to a person at risk of an overdose by a family member, friend, or other person in a position to assist a person experiencing or reasonably suspected of experiencing an overdose.
(3) A person who is at risk of an overdose or any person in a position to assist a person at risk of an overdose may possess an opioid antagonist and subsequently dispense or distribute an opioid antagonist to a person at risk of an overdose or to any other person in a position to assist a person at risk of an overdose.
(d) A licensed health care provider who acts with reasonable care shall not be subject to professional review or subject to criminal prosecution for issuing a prescription or order or for possessing, administering, or distributing an opioid antagonist pursuant to subdivision (b) or (c), or for liability in a civil action for any injuries or damages relating to or resulting from the acts or omissions of any person who administers the opioid antagonist in good faith and not for compensation pursuant to this section.
(e) (1) Notwithstanding any other law, a person who possesses or distributes an opioid antagonist for the purposes specified in subdivision (b) or (c) shall not be subject to professional review or be subject to criminal prosecution for their possession or distribution.
(d) Each local health jurisdiction that operates or registers an opioid overdose prevention and treatment training program shall, by January 1, 2015, collect, and report to the Senate and Assembly Committees on Judiciary, all of the following data on programs within the jurisdiction:
(1) Number of training programs operating in the local health jurisdiction.
(2) Number of individuals who have received a prescription for, and training to administer, an opioid antagonist.
(3) Number of opioid antagonist doses prescribed.
(4) Number of opioid antagonist doses administered.
(5) Number of individuals who received opioid antagonist injections who were properly revived.
(6) Number of individuals who received opioid antagonist injections who were not revived.
(7) Number of adverse events associated with an opioid antagonist dose that was distributed as part of an opioid overdose prevention and treatment training program, including a description of the adverse events.
(e) This section shall apply only to the Counties of Alameda, Fresno, Humboldt, Los Angeles, Mendocino, San Francisco, and Santa Cruz.
(f) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
(2) Consistent with Section 1799.102 of the Health and Safety Code, any person who administers an opioid antagonist, in good faith and not for compensation, to a person who is experiencing or is suspected of experiencing an overdose is not liable for civil damages resulting from any act or omission relating to such administration, other than an act or omission constituting gross negligence or willful or wanton misconduct.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.