Public health: substance use disorder.

Section 11834.026(c)(4)(B) was corrected to remove garbled text. The old version read 'The admission agreement shall not require a person to be abstinent, sober, or not be The department shall not require an admission agreement to require a person to have been abstinent...' The enrolled version cleanly states: 'The department shall not require an admission agreement to require a person to have been abstinent, to not be intoxicated, or to otherwise not be under the influence in order to be admitted into care, be considered for treatment, or continue treatment.' This clarifies that the prohibition falls on the state department's regulatory requirements, not on individual facility agreements.

The legislative counsel digest was updated to match the corrected language in Section 11834.026, changing 'prohibit an admission agreement from requiring the department from requiring an admission agreement to require a person to be abstinent' to 'prohibit the department from requiring an admission agreement to require a person to be abstinent and not intoxicated.'

Standard enrollment formatting: removed all prior amendment dates, added 'Passed the Assembly September 10, 2025' and 'Passed the Senate September 9, 2025,' and added the Governor receipt block with blank date/time fields.

The document changed from an authenticated electronic legal material format (with official state header, chapter number, and legislative counsel digest) to a web page rendering that includes site navigation elements (skip to content, home, accessibility, FAQ, feedback, sitemap, login), a quick search bar, version history dropdown, and a publication date of 10/13/2025.

Front matter changed from Assembly/Senate passage headers to 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header with Chapter 569 designation and Governor's approval date of October 10, 2025

Page headers changed from 'AB 1037' to 'Ch. 569' and page numbers shifted (from 93 to 92), reflecting the standard formatting transition when a bill is enrolled into law

Subdivision (e)(2) changed from granting laypersons full immunity from professional review, civil liability, and criminal prosecution when administering an opioid antagonist in good faith, to only providing limited civil damages immunity with an exception for gross negligence or willful or wanton misconduct. This removes the professional review and criminal prosecution protections for non-healthcare people who administer naloxone.

Subdivision (d) narrowed from protecting both licensed health care providers AND persons at risk of overdose (or their family, friends, or helpers) from professional review, civil liability, and criminal prosecution, to protecting only licensed health care providers. The civil liability language was also restructured to specifically address injuries resulting from acts of a person who administers in good faith and not for compensation.

Subdivision (e)(1) removed the civil liability immunity for persons who possess or distribute an opioid antagonist, leaving only protection from professional review and criminal prosecution for possession or distribution.

Subdivision (c)(3) simplified the language about who may possess and distribute an opioid antagonist, removing the redundant 'family member, friend, or other' phrasing and consolidating to 'a person who is at risk of an overdose or any person in a position to assist a person at risk of an overdose.'

The bill summary changed from requiring a person administering an opioid antagonist to act with 'reasonable care and in good faith' to only requiring they act 'in good faith,' removing the reasonable care standard from the immunity description for laypersons.

Section 11834.026: The prohibition on abstinence requirements in admission agreements was changed from 'the department shall not require an admission agreement to require a person to have been abstinent, to not be intoxicated, or to otherwise not be under the influence' to 'the admission agreement shall not require a person to be abstinent, sober, or not be under the influence.' This shifts the restriction from limiting what the state can mandate to directly prohibiting such language in any admission agreement, making it broader and more protective of patients.

Section 11834.26: The two separate rules prohibiting denial of admission (one for having a valid prescription for medication-assisted treatment, one for being under the influence) were restructured into a single unified provision stating a licensee shall not deny admission 'based solely on' either of two enumerated grounds, creating a clearer legal framework.

The Legislative Counsel's Digest removed the provision that would have required drug- or alcohol-related programs receiving state funds to be consistent with evidence-based best clinical practices. The bill now only repeals the 'no lawful use' message requirement without adding a replacement standard for state-funded programs.

Section 11999.2 of the Health and Safety Code is now simply repealed rather than repealed and re-added with new content, meaning provisions previously slated to be replaced are now entirely removed from the code.

Removed the January 1, 2026 sunset date from pharmacy syringe furnishing authority (Section 4145.5), the pharmacy counseling requirement (Section 4145.5(f)), and the drug paraphernalia possession exemption for personal use of needles, syringes, and testing equipment (Section 11364(d)). These provisions are now permanent rather than expiring in 2026.

Expanded the scope of bloodborne disease protections from 'HIV and hepatitis C' to 'HIV, viral hepatitis, and other bloodborne diseases' in pharmacy counseling requirements and clean needle/syringe exchange program funding provisions.

Removed testing equipment (item 12) from the enumerated list of drug paraphernalia items in Section 11364.5(d), and added a new subdivision (g) explicitly excluding testing equipment designed or used to test for contaminants, toxic substances, hazardous compounds, or controlled substances including fentanyl, ketamine, GHB, or fentanyl analogs.

Changed the definition of hypodermic syringes and needles in the drug paraphernalia list from 'intended for use or designed for use used in parenterally injecting' to simply 'used in parenterally injecting,' narrowing when they qualify as paraphernalia.

Redefined 'drug- or alcohol-related program' to mean any program designed to assist persons with substance use disorders, removing the prior focus on reducing unlawful use and striking 'enforcement' from the list of program means. Replaced the 'no lawful use' messaging requirement with a requirement that programs be consistent with evidence-based best clinical practices as determined by SAMHSA and the American Society of Addiction Medicine.

Restructured Civil Code Section 1714.22 to remove the requirement that persons prescribed or possessing opioid antagonists pursuant to standing orders must receive training from an opioid overdose prevention and treatment program. Added a new provision (c)(3) explicitly allowing persons at risk of overdose, family members, friends, or other persons in a position to assist to possess and distribute opioid antagonists without a prescription.

Changed the deadline for the Department of Health Care Services to offer a combined application for alcohol/drug program certification and incidental medical services licensure from July 1, 2026 to January 1, 2027.

Removed paragraph (3) from Section 1797.197(b) which had stated that EMS training on naloxone administration would satisfy the training requirements of Civil Code Section 1714.22(d)(1). This cross-reference was removed as part of the restructuring of the opioid antagonist provisions.

Added language requiring that primary prevention programs funded through drug program fees be aligned with evidence-based best practices, as determined by SAMHSA.

Changed 'opioid-related overdose' to simply 'overdose' throughout the naloxone distribution provisions in Civil Code Section 1714.22, broadening the scope of protection slightly.

Entire Section 4145.5 of the Business and Professions Code was removed, which had authorized pharmacists and physicians to furnish hypodermic needles and syringes without a prescription as a public health measure.

Sections 11364, 11364.5, and 11364.7 of the Health and Safety Code were removed, which had redefined drug paraphernalia to exclude testing equipment (such as fentanyl test strips) and expanded exemptions for people at risk of overdose.

Section 121349 was removed, which had allowed public entities receiving HIV prevention funds to use them for clean needle and syringe exchange programs, expanding coverage to viral hepatitis and other bloodborne diseases.

The opioid antagonist (naloxone) provisions in Civil Code Section 1714.22 were expanded so that 'any person' in a position to assist someone at risk of overdose may possess and distribute an opioid antagonist, rather than being limited to family members, friends, or other persons.

New civil liability protection was added for licensed health care providers who act with reasonable care in issuing a prescription or order for an opioid antagonist, shielding them from civil liability for injuries resulting from the good-faith administration of the antagonist by another person.

The deadline for the State Department of Health Care Services to offer a combined application for alcohol/drug recovery facility licensure and incidental medical services certification was extended from July 1, 2026 to January 1, 2027.

The requirement that state-funded drug or alcohol-related programs include a 'no lawful use' message was replaced with a requirement that programs be consistent with evidence-based best clinical practices. References to SAMHSA and the American Society of Addiction Medicine were removed in favor of this broader language.

The bill now prohibits the department from requiring an admission agreement to mandate abstinence or sobriety as a condition for admission to or continuation of treatment at a licensed alcohol or other drug recovery facility.