CA AB 1037
enactedPublic health: substance use disorder.
California · 2025-2026 Regular Session · lower
Quick answers
Did CA AB 1037 pass?
Yes. CA AB 1037 has been enacted into law as of 2025-10-10. Latest recorded action (2025-10-10): Chaptered by Secretary of State - Chapter 569, Statutes of 2025.
What is CA AB 1037 about?
(1) Under existing law, 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 opioid-related overdose or to a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose. Existing law exempts a health care provider who acts with reasonable care in issuing a prescription or order for an opioid antagonist from professional review, civil action, or criminal prosecution, under certain circumstances. Existing law requires that a person who receives an opioid antagonist pursuant to a standing order or otherwise possesses an opioid antagonist receive training, as specified. Existing law provides that a person who is trained in the use of an opioid antagonist and acts with reasonable care and in good faith is not subject to professional review, liable in a civil action, or subject to criminal prosecution. This bill would expand the above-described authorizations to those who are at risk of or any person who may be in a position to assist a person experiencing any overdose and would strike the requirement that those who receive and possess opioid antagonists receive training. The bill would authorize a person in a position to assist a person at risk of an overdose to possess an opioid antagonist and subsequently dispense or distribute an opioid antagonist to a person at risk of an overdose or another person in a position to assist a person at risk of an overdose. The bill would instead exempt a person who administers an opioid antagonist in good faith, whether or not they were trained, from liability for civil damages, as specified, and would instead exempt a health care provider who acts with reasonable care from 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, as specified. (2) Existing law imposes a drug program fee for each separate controlled substance offense, as specified, to be deposited by the county treasurer in a drug program fund. Existing law requires that a portion of the fund be allocated to primary prevention programs in the community. This bill would state that primary prevention programs may include those activities aligned with evidence-based best practices, as specified. (3) Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law authorizes a licensed alcohol or other drug recovery or treatment facility to permit incidental medical services, as defined, to be provided to a resident at the facility premises by a licensed physician and surgeon or other health care practitioner under specified limited circumstances, including that the resident has signed an admission agreement. Existing law requires a licensee to develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illicit drugs. This bill would require the department, on or before January 1, 2027, to offer a combined application for entities seeking licensure as an alcohol or other drug recovery or treatment facility and to provide incidental medical services, as defined. The bill would prohibit the department from requiring an admission agreement to require a person to be abstinent and not intoxicated in order to be admitted to care or continue treatment. The bill would require a licensee to prioritize the individual maintaining some level of connection to treatment, following a relapse. (4) Existing law defines "drug- or alcohol-related program" as any program designed to reduce the unlawful use of, or assist those who engage in the unlawful use of, drugs or alcohol, through various means, such as intervention, treatment, and enforcement, among others. Existing law prohibits the encumbrance of state funds for a drug- or alcohol-related program unless it contains a component that explains that there is no unlawful use of drugs or alcohol and requires all aspects of a drug- or alcohol-related program receiving state funds to be consistent with the "no lawful use" message. This bill would redefine that term to mean any program designed to assist persons with substance use disorders and would strike enforcement from the specified means. The bill would repeal the above-described provisions related to the "no lawful use" message.
Who sponsors CA AB 1037?
Elhawary is the primary sponsor of CA AB 1037.
Description
(1) Under existing law, 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 opioid-related overdose or to a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose. Existing law exempts a health care provider who acts with reasonable care in issuing a prescription or order for an opioid antagonist from professional review, civil action, or criminal prosecution, under certain circumstances. Existing law requires that a person who receives an opioid antagonist pursuant to a standing order or otherwise possesses an opioid antagonist receive training, as specified. Existing law provides that a person who is trained in the use of an opioid antagonist and acts with reasonable care and in good faith is not subject to professional review, liable in a civil action, or subject to criminal prosecution. This bill would expand the above-described authorizations to those who are at risk of or any person who may be in a position to assist a person experiencing any overdose and would strike the requirement that those who receive and possess opioid antagonists receive training. The bill would authorize a person in a position to assist a person at risk of an overdose to possess an opioid antagonist and subsequently dispense or distribute an opioid antagonist to a person at risk of an overdose or another person in a position to assist a person at risk of an overdose. The bill would instead exempt a person who administers an opioid antagonist in good faith, whether or not they were trained, from liability for civil damages, as specified, and would instead exempt a health care provider who acts with reasonable care from 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, as specified. (2) Existing law imposes a drug program fee for each separate controlled substance offense, as specified, to be deposited by the county treasurer in a drug program fund. Existing law requires that a portion of the fund be allocated to primary prevention programs in the community. This bill would state that primary prevention programs may include those activities aligned with evidence-based best practices, as specified. (3) Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law authorizes a licensed alcohol or other drug recovery or treatment facility to permit incidental medical services, as defined, to be provided to a resident at the facility premises by a licensed physician and surgeon or other health care practitioner under specified limited circumstances, including that the resident has signed an admission agreement. Existing law requires a licensee to develop a plan to address when a resident relapses, including when a resident is on the licensed premises after consuming alcohol or using illicit drugs. This bill would require the department, on or before January 1, 2027, to offer a combined application for entities seeking licensure as an alcohol or other drug recovery or treatment facility and to provide incidental medical services, as defined. The bill would prohibit the department from requiring an admission agreement to require a person to be abstinent and not intoxicated in order to be admitted to care or continue treatment. The bill would require a licensee to prioritize the individual maintaining some level of connection to treatment, following a relapse. (4) Existing law defines "drug- or alcohol-related program" as any program designed to reduce the unlawful use of, or assist those who engage in the unlawful use of, drugs or alcohol, through various means, such as intervention, treatment, and enforcement, among others. Existing law prohibits the encumbrance of state funds for a drug- or alcohol-related program unless it contains a component that explains that there is no unlawful use of drugs or alcohol and requires all aspects of a drug- or alcohol-related program receiving state funds to be consistent with the "no lawful use" message. This bill would redefine that term to mean any program designed to assist persons with substance use disorders and would strike enforcement from the specified means. The bill would repeal the above-described provisions related to the "no lawful use" message.
- Introduced
- 2025-04-09
- Latest action
- 2025-10-10 — Chaptered by Secretary of State - Chapter 569, Statutes of 2025.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Elhawaryauthor
Committees
Not provided by source.
Action timeline
2025-02-20
Read first time. To print.
reading-1
2025-02-21
From printer. May be heard in committee March 23.
2025-03-10
Referred to Coms. on HEALTH and JUD.
referral-committee
2025-04-09
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 3.) (April 8).
amendment-introduction,amendment-passage,committee-passage,referral-committee
2025-04-10
Read second time and amended.
amendment-passage,reading-1,reading-2
2025-04-21
Re-referred to Com. on JUD.
referral-committee
2025-04-24
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2025-04-28
Re-referred to Com. on JUD.
referral-committee
2025-04-30
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 29). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2025-05-14
In committee: Hearing postponed by committee.
2025-05-21
Joint Rule 62(a), file notice suspended. (Page 1627.)
2025-05-21
In committee: Set, first hearing. Referred to APPR. suspense file.
referral-committee
2025-05-23
From committee: Do pass. (Ayes 11. Noes 3.) (May 23).
committee-passage,committee-passage-favorable
2025-05-27
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2025-06-05
Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 19. Page 2109.)
passage,reading-1,reading-3
2025-06-09
In Senate. Read first time. To Com. on RLS. for assignment.
reading-1,referral-committee
2025-06-18
Referred to Coms. on HEALTH and JUD.
referral-committee
2025-07-03
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (July 2).
amendment-introduction,amendment-passage,committee-passage,referral-committee
2025-07-07
Read second time and amended. Re-referred to Com. on JUD.
amendment-passage,reading-1,reading-2,referral-committee
2025-07-16
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (July 15). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2025-08-18
In committee: Referred to suspense file.
referral-committee
2025-08-29
Read second time and amended. Ordered returned to second reading.
amendment-passage,reading-1,reading-2
2025-08-29
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).
amendment-introduction,amendment-passage,committee-passage
2025-09-02
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2025-09-05
Read third time and amended. Ordered to second reading.
amendment-passage,reading-1,reading-2,reading-3
2025-09-08
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2025-09-09
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 10. Page 2703.).
passage,reading-1,reading-3
2025-09-09
In Assembly. Concurrence in Senate amendments pending.
2025-09-10
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 21. Page 3237.).
amendment-passage,committee-passage,committee-passage-favorable
2025-09-22
Enrolled and presented to the Governor at 3 p.m.
executive-receipt
2025-10-10
Approved by the Governor.
executive-signature
2025-10-10
Chaptered by Secretary of State - Chapter 569, Statutes of 2025.
became-law
Versions
- 02/20/25 - Introduced — 2025-02-20Compare
- 04/10/25 - Amended Assembly — 2025-04-10Compare
- 04/24/25 - Amended Assembly — 2025-04-24Compare
- 07/07/25 - Amended Senate — 2025-07-07Compare
- 08/29/25 - Amended Senate — 2025-08-29Compare
- 09/05/25 - Amended Senate — 2025-09-05Compare
- 09/12/25 - Enrolled — 2025-09-12Compare
- 10/10/25 - Chaptered — 2025-10-10Compare
- AB1037Compare
- (document, no version)Compare
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Votes
Do pass as amended and be re-referred to the Committee on [Judiciary]
2025-04-08 · pass · 11-3
Member-level votes (15)
- Sharp-Collins: yes
- Krell: yes
- Mark González: yes
- Carrillo: yes
- Arambula: yes
- Patel: yes
- Stefani: yes
- Celeste Rodriguez: yes
- Aguiar-Curry: yes
- Addis: yes
- Bonta: yes
- Flora: no
- Sanchez: no
- Chen: no
- Schiavo: other
Do pass and be re-referred to the Committee on [Appropriations]
2025-04-29 · pass · 8-3
Member-level votes (12)
- Papan: yes
- Zbur: yes
- Connolly: yes
- Harabedian: yes
- Stefani: yes
- Bryan: yes
- Kalra: yes
- Pacheco: yes
- Macedo: no
- Dixon: no
- Sanchez: no
- Bauer-Kahan: other
Do pass.
2025-05-23 · pass · 11-3
Member-level votes (15)
- Calderon: yes
- Elhawary: yes
- Hart: yes
- Mark González: yes
- Arambula: yes
- Pacheco: yes
- Solache: yes
- Caloza: yes
- Wicks: yes
- Pellerin: yes
- Fong: yes
- Ta: no
- Dixon: no
- Tangipa: no
- Sanchez: other
AB 1037 Elhawary Assembly Third Reading
2025-06-05 · pass · 55-19
Member-level votes (79)
- Petrie-Norris: yes
- Schultz: yes
- Aguiar-Curry: yes
- Carrillo: yes
- Patel: yes
- Solache: yes
- Quirk-Silva: yes
- Gabriel: yes
- Gipson: yes
- Kalra: yes
- Ransom: yes
- Bains: yes
- Haney: yes
- Krell: yes
- Sharp-Collins: yes
- Ward: yes
- Wicks: yes
- Fong: yes
- Addis: yes
- Harabedian: yes
- Lowenthal: yes
- Ávila Farías: yes
- Hart: yes
- Muratsuchi: yes
- Schiavo: yes
- Bauer-Kahan: yes
- Papan: yes
- Rivas: yes
- McKinnor: yes
- Ahrens: yes
- Arambula: yes
- Garcia: yes
- Celeste Rodriguez: yes
- Lee: yes
- Bennett: yes
- Caloza: yes
- Connolly: yes
- Irwin: yes
- Mark González: yes
- Pacheco: yes
- Wilson: yes
- Blanca Rubio: yes
- Bonta: yes
- Calderon: yes
- Rogers: yes
- Pellerin: yes
- Stefani: yes
- Alvarez: yes
- Valencia: yes
- Bryan: yes
- Boerner: yes
- Elhawary: yes
- Jackson: yes
- Berman: yes
- Zbur: yes
- Gallagher: no
- Hadwick: no
- Jeff Gonzalez: no
- Flora: no
- Alanis: no
- Wallis: no
- Macedo: no
- Patterson: no
- Lackey: no
- Dixon: no
- Chen: no
- Sanchez: no
- Michelle Rodriguez: no
- Davies: no
- Hoover: no
- DeMaio: no
- Ta: no
- Ellis: no
- Tangipa: no
- Castillo: other
- Ramos: other
- Nguyen: other
- Ortega: other
- Soria: other
Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary]
2025-07-02 · pass · 9-0
Member-level votes (11)
- Gonzalez: yes
- Durazo: yes
- Limón: yes
- Weber Pierson: yes
- Rubio: yes
- Richardson: yes
- Wiener: yes
- Padilla: yes
- Menjivar: yes
- Valladares: other
- Grove: other
Do pass, but first be re-referred to the Committee on [Appropriations]
2025-07-15 · pass · 11-1
Member-level votes (13)
- Caballero: yes
- Wahab: yes
- Ashby: yes
- Wiener: yes
- Laird: yes
- Umberg: yes
- Weber Pierson: yes
- Stern: yes
- Allen: yes
- Arreguín: yes
- Durazo: yes
- Niello: no
- Valladares: other
Placed on suspense file
2025-08-18 · pass · 7-0
Member-level votes (7)
- Richardson: yes
- Seyarto: yes
- Caballero: yes
- Cabaldon: yes
- Dahle: yes
- Wahab: yes
- Grayson: yes
Do pass as amended
2025-08-29 · pass · 5-2
Member-level votes (7)
- Richardson: yes
- Grayson: yes
- Wahab: yes
- Caballero: yes
- Cabaldon: yes
- Dahle: no
- Seyarto: no
3rd Reading AB1037 Elhawary By Menjivar
2025-09-09 · pass · 30-10
Member-level votes (40)
- Richardson: yes
- Menjivar: yes
- Cortese: yes
- Weber Pierson: yes
- McNerney: yes
- Stern: yes
- Smallwood-Cuevas: yes
- Becker: yes
- McGuire: yes
- Cervantes: yes
- Hurtado: yes
- Cabaldon: yes
- Rubio: yes
- Durazo: yes
- Laird: yes
- Padilla: yes
- Limón: yes
- Pérez: yes
- Reyes: yes
- Archuleta: yes
- Wiener: yes
- Ashby: yes
- Arreguín: yes
- Grayson: yes
- Allen: yes
- Gonzalez: yes
- Caballero: yes
- Wahab: yes
- Umberg: yes
- Blakespear: yes
- Niello: no
- Ochoa Bogh: no
- Dahle: no
- Grove: no
- Jones: no
- Valladares: no
- Seyarto: no
- Strickland: no
- Choi: no
- Alvarado-Gil: no
AB 1037 Elhawary Concurrence in Senate Amendments
2025-09-11 · pass · 53-21
Member-level votes (80)
- Ahrens: yes
- Mark González: yes
- Quirk-Silva: yes
- Gipson: yes
- Rogers: yes
- Addis: yes
- Ward: yes
- Haney: yes
- Hart: yes
- Fong: yes
- Elhawary: yes
- Calderon: yes
- Wilson: yes
- Carrillo: yes
- Bains: yes
- Ransom: yes
- Berman: yes
- Valencia: yes
- Wicks: yes
- Celeste Rodriguez: yes
- Arambula: yes
- Connolly: yes
- Schultz: yes
- Bauer-Kahan: yes
- Bennett: yes
- Papan: yes
- Schiavo: yes
- Bonta: yes
- Ávila Farías: yes
- Aguiar-Curry: yes
- Boerner: yes
- Lee: yes
- Stefani: yes
- Caloza: yes
- Sharp-Collins: yes
- Ortega: yes
- Solache: yes
- Lowenthal: yes
- Jackson: yes
- Bryan: yes
- Petrie-Norris: yes
- Harabedian: yes
- Gabriel: yes
- Zbur: yes
- McKinnor: yes
- Pellerin: yes
- Muratsuchi: yes
- Krell: yes
- Irwin: yes
- Patel: yes
- Kalra: yes
- Rivas: yes
- Garcia: yes
- Johnson: no
- Dixon: no
- Michelle Rodriguez: no
- Jeff Gonzalez: no
- Pacheco: no
- Castillo: no
- Alanis: no
- Wallis: no
- Patterson: no
- Ta: no
- Hoover: no
- Gallagher: no
- Macedo: no
- Ellis: no
- Davies: no
- DeMaio: no
- Hadwick: no
- Lackey: no
- Sanchez: no
- Chen: no
- Flora: no
- Nguyen: other
- Tangipa: other
- Ramos: other
- Blanca Rubio: other
- Alvarez: other
- Soria: other
Related bills
No related bills recorded for this bill.
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