Today's Law As Amended


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SB-67 Controlled substances: overdose reporting.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 11758.02 is added to the Health and Safety Code, to read:

11758.02.
 It is the intent of the Legislature that the overdose information gathered pursuant to this chapter shall be used for the purpose of making decisions regarding the allocation of public health and educational resources to communities adversely impacted by the use of drugs that lead to overdoses.

SEC. 2.

 Section 11758.03 of the Health and Safety Code is amended to read:

11758.03.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Coroner” means a person whose responsibilities include those described in Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code.
(b) “Department” means the State Department of Public Health.
(c) “Medical examiner” means a person who exercises the powers and performs the duties of a coroner, as provided for in Section 24010 of the Government Code.
(d) “Overdose” means a condition, including extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, resulting from the consumption or use of any controlled dangerous substance that requires medical attention, assistance, or treatment, and clinical suspicion for drug overdose, including respiratory depression, unconsciousness, or altered mental state, without other conditions to explain the clinical condition.

SEC. 3.

 Section 11758.04 is added to the Health and Safety Code, to read:

11758.04.
 (a) A coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose as a contributing factor, shall report the incident to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program.
(b) The coroner or medical examiner shall make the report as soon as possible, but not later than 120 hours after examining the individual. If the cause of death is still preliminary and pending toxicology screens, the coroner or medical examiner shall report the overdose as a preliminary report, and shall update the report when the cause of death is confirmed.
(c) Overdose information reported to the Overdose Detection Mapping Application Program by a coroner or medical examiner, or shared with the Overdose Detection Mapping Application Program by the Emergency Medical Services Authority, shall not be used for a criminal investigation or prosecution.
(d) A person who in good faith makes a report under this section shall be immune from civil or criminal liability for making the report.

SEC. 4.

 Section 11758.06 of the Health and Safety Code is repealed.

SEC. 5.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.