Today's Law As Amended


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SB-234 Opioid antagonists: stadiums, concert venues, and amusement parks.(2023-2024)



As Amends the Law Today


SECTION 1.

 Chapter 16 (commencing with Section 11870) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:

CHAPTER  16. Opioid Antagonist on Premises of Stadiums, Concert Venues, and Amusement Parks
11870.
 For purposes of this chapter, the following definitions apply:
(a) “Amusement park” means a gated facility that requires a ticket for entry, has attendance greater than 1,000,000 visitors annually, and operates 10 or more amusement rides regulated under Sections 7900 to 7919, inclusive, and Sections 7920 to 7932, inclusive, of the Labor Code.
(b) “Auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the United States Food and Drug Administration for layperson use.
(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.
11871.
 Each stadium, concert venue, and amusement park shall, at all times, maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises and ensure that at least two employees are aware of the location of the naloxone hydrochloride or other opioid antagonist.
11872.
 (a) (1) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or by auto-injector on the premises of a stadium, concert venue, or amusement park to a person who appears to be experiencing an opioid overdose shall not be liable in a civil action, or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist.
(2) (A) The protection specified in subdivision (a) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist.
(B) Subparagraph (A) shall not apply to an employee of a stadium, concert venue, or amusement park, or an employee of an entity that owns, occupies, or operates a stadium, concert venue, or amusement park.
(b) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, shall not be liable in a civil action, or be subject to criminal prosecution, for the administration of naloxone hydrochloride or another opioid antagonist on the premises of the stadium, concert venue, or amusement park, including by an employee of the stadium, concert venue, or amusement park, or by an employee of the entity that owns, occupies, or operates the stadium, concert venue, or amusement park.
(c) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the Labor Code and Chapters 3.2 (commencing with Section 330), 3.3 (commencing with Section 345), 3.5 (commencing with Section 401), 4 (commencing with Section 450), and 7 (commencing with Section 14000) of Division 1 of Title 8 of the California Code of Regulations, a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, shall have no obligation to administer naloxone hydrochloride or another opioid antagonist in the event of an apparent opioid overdose on the premises of the stadium, concert venue, or amusement park, and shall not be liable in a civil action, or be subject to criminal prosecution, if they fail to identify an apparent opioid overdose or fail to administer naloxone hydrochloride or another opioid antagonist on the premises of the stadium, concert venue, or amusement park.