Bill Text: CA AB2342 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 2342 (Prior Session Legislation)

Introduced

Bill Title: Controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-27 - Read first time. [AB2342 Detail]

Download: California-2011-AB2342-Introduced.html

BILL NUMBER: AB 2342	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 24, 2012

   An act to amend Section 11165 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2342, as introduced, Torres. Controlled substances.
   Existing law classifies certain controlled substances into
designated schedules, and prohibits, except as specified, a
controlled substance classified in Schedule II, III, IV, or V from
being dispensed without a prescription, as specified.
    Existing law requires the Department of Justice, contingent upon
the availability of adequate funds from various funds related to
health care, to maintain the Controlled Substance Utilization Review
and Evaluation System (CURES) for the electronic monitoring of the
prescribing and dispensing of Schedule II, Schedule III, and Schedule
IV controlled substances by all practitioners authorized to
prescribe or dispense these controlled substances.
   This bill would make a technical, nonsubstantive change to the
provision requiring the Department of Justice to maintain CURES for
the electronic monitoring of the prescribing and dispensing of
Schedule II, Schedule III, and Schedule IV controlled substances, as
described above.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11165 of the Health and Safety Code is amended
to read:
   11165.  (a)   To   In order to  assist
law enforcement and regulatory agencies in their efforts to control
the diversion and resultant abuse of Schedule II, Schedule III, and
Schedule IV controlled substances, and for statistical analysis,
education, and research, the Department of Justice shall, contingent
upon the availability of adequate funds from the Contingent Fund of
the Medical Board of California, the Pharmacy Board Contingent Fund,
the State Dentistry Fund, the Board of Registered Nursing Fund, and
the Osteopathic Medical Board of California Contingent Fund, maintain
the Controlled Substance Utilization Review and Evaluation System
(CURES) for the electronic monitoring of, and Internet access to
information regarding, the prescribing and dispensing of Schedule II,
Schedule III, and Schedule IV controlled substances by all
practitioners authorized to prescribe or dispense these controlled
substances.
   (b) The reporting of Schedule III and Schedule IV controlled
substance prescriptions to CURES shall be contingent upon the
availability of adequate funds from the Department of Justice. The
department may seek and use grant funds to pay the costs incurred
from the reporting of controlled substance prescriptions to CURES.
Funds shall not be appropriated from the Contingent Fund of the
Medical Board of California, the Pharmacy Board Contingent Fund, the
State Dentistry Fund, the Board of Registered Nursing Fund, the
Naturopathic Doctor's Fund, or the Osteopathic Medical Board of
California Contingent Fund to pay the costs of reporting Schedule III
and Schedule IV controlled substance prescriptions to CURES.
   (c) CURES shall operate under existing provisions of law to
safeguard the privacy and confidentiality of patients. Data obtained
from CURES shall only be provided to appropriate state, local, and
federal persons or public agencies for disciplinary, civil, or
criminal purposes and to other agencies or entities, as determined by
the Department of Justice, for the purpose of educating
practitioners and others in lieu of disciplinary, civil, or criminal
actions. Data may be provided to public or private entities, as
approved by the Department of Justice, for educational, peer review,
statistical, or research purposes, provided that patient information,
including any information that may identify the patient, is not
compromised. Further, data disclosed to any individual or agency as
described in this subdivision shall not be disclosed, sold, or
transferred to any third party.
   (d) For each prescription for a Schedule II, Schedule III, or
Schedule IV controlled substance, as defined in the controlled
substances schedules in federal law and regulations, specifically
Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of
the Code of Federal Regulations, the dispensing pharmacy or clinic
shall provide the following information to the Department of Justice
on a weekly basis and in a format specified by the Department of
Justice:
   (1) Full name, address, and the telephone number of the ultimate
user or research subject, or contact information as determined by the
Secretary of the United States Department of Health and Human
Services, and the gender, and date of birth of the ultimate user.
   (2) The prescriber's category of licensure and license number;
federal controlled substance registration number; and the state
medical license number of any prescriber using the federal controlled
substance registration number of a government-exempt facility.
   (3) Pharmacy prescription number, license number, and federal
controlled substance registration number.
   (4) NDC (National Drug Code) number of the controlled substance
dispensed.
   (5) Quantity of the controlled substance dispensed.
   (6) ICD-9 (diagnosis code), if available.
   (7) Number of refills ordered.
   (8) Whether the drug was dispensed as a refill of a prescription
or as a first-time request.
   (9) Date of origin of the prescription.
   (10) Date of dispensing of the prescription.
   (e) This section shall become operative on January 1, 2005.