Bill Text: CA AB2589 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Controlled substances: human chorionic gonadotropin.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-07-09 - Chaptered by Secretary of State - Chapter 81, Statutes of 2018. [AB2589 Detail]

Download: California-2017-AB2589-Amended.html

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2589


Introduced by Assembly Member Bigelow

February 15, 2018


An act to amend Section 127340 of the Health and Safety Code, relating to health care. An act to amend Section 11056 of the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 2589, as amended, Bigelow. Hospitals: community benefits. Controlled substances: human chorionic gonadotropin.
Under the existing California Uniform Controlled Substances Act, controlled substances are listed on 5 different schedules. Existing law lists human chorionic gonadotropin (hCG) as a Schedule III controlled substance. Substances listed as controlled substances are subject to various forms of regulation, including reporting requirements, prescribing requirements, and criminal prohibitions on possession.
This bill would exempt hCG from being subject to the reagent regulations of the Controlled Substances Act when it is expressly purchased, sold, possessed, transferred, or administered for specified veterinary purposes.

Existing law declares that significant public benefit would be derived if private, not-for-profit hospitals periodically reviewed and reaffirmed their commitment to assist in meeting their communities’ health care needs by identifying and documenting benefits provided to the communities that they serve, and requires each hospital to annually adopt and update a community benefits plan for providing community benefits either alone, in conjunction with other health care providers, or through other organizational arrangements. Each hospital is also required to annually submit its community benefits plan, including a description of the activities that the hospital has undertaken in order to address community needs within its mission and financial capacity, to the Office of Statewide Health Planning and Development.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11056 of the Health and Safety Code is amended to read:

11056.
 (a)  The controlled substances listed in this section are included in Schedule III.
(b)  Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of those isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1)  Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the Code of Federal Regulations, and any other drug of the quantitative composition shown in that list for those drugs or which that is the same except that it contains a lesser quantity of controlled substances.
(2)  Benzphetamine.
(3)  Chlorphentermine.
(4)  Clortermine.
(5)  Mazindol.
(6)  Phendimetrazine.
(c)  Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which that contains any quantity of the following substances having a depressant effect on the central nervous system:
(1)  Any compound, mixture, or preparation containing any of the following:
(A)  Amobarbital
(B)  Secobarbital
(C)  Pentobarbital
or any salt thereof and one or more other active medicinal ingredients which that are not listed in any schedule.
(2)  Any suppository dosage form containing any of the following:
(A)  Amobarbital
(B)  Secobarbital
(C)  Pentobarbital
or any salt of any of these drugs and approved by the federal Food and Drug Administration for marketing only as a suppository.
(3)  Any substance which that contains any quantity of a derivative of barbituric acid or any salt thereof.
(4)  Chlorhexadol.
(5)  Lysergic acid.
(6)  Lysergic acid amide.
(7)  Methyprylon.
(8)  Sulfondiethylmethane.
(9)  Sulfonethylmethane.
(10)  Sulfonmethane.
(11)  Gamma hydroxybutyric acid, and its salts, isomers and salts of isomers, contained in a drug product for which an application has been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355).
(d)  Nalorphine.
(e)  Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(1)  Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
(2)  Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(3)  Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(4)  Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts. Additionally, oral liquid preparations of dihydrocodeinone containing the above specified amounts may not contain as its nonnarcotic ingredients two or more antihistamines in combination with each other.
(5)  Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.
(6)  Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(7)  Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(8)  Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(f)  Anabolic steroids and chorionic gonadotropin. Any material, compound, mixture, or preparation containing chorionic gonadotropin or an anabolic steroid (excluding anabolic steroid products listed in the “Table of Exempt Anabolic Steroid Products” (Section 1308.34 of Title 21 of the Code of Federal Regulations), as exempt from the federal Controlled Substances Act (Section 801 and following of Title 21 of the United States Code)), including, but not limited to, the following:
(1)  Androisoxazole.
(2)  Androstenediol.
(3)  Bolandiol.
(4)  Bolasterone.
(5)  Boldenone.
(6)  Chlormethandienone.
(7)  Clostebol.
(8)  Dihydromesterone.
(9)  Ethylestrenol.
(10)  Fluoxymesterone.
(11)  Formyldienolone.
(12)  4-Hydroxy-19-nortestosterone.
(13)  Mesterolone.
(14)  Methandriol.
(15)  Methandrostenolone.
(16)  Methenolone.
(17)  17-Methyltestosterone.
(18)  Methyltrienolone.
(19)  Nandrolone.
(20)  Norbolethone.
(21)  Norethandrolone.
(22)  Normethandrolone.
(23)  Oxandrolone.
(24)  Oxymestrone.
(25)  Oxymetholone.
(26)  Quinbolone.
(27)  Stanolone.
(28)  Stanozolol.
(29)  Stenbolone.
(30)  Testosterone.
(31)  Trenbolone.
(32)  Chorionic Gonadotropin (HGC). Human chorionic gonadotropin (hCG). Except when possessed, sold, purchased, transferred, or administered with the express intention and purpose of injection or implantation into cattle or any other nonhuman species, if that use is approved by the federal Food and Drug Administration.
(g)  Ketamine. Any material, compound, mixture, or preparation containing ketamine.
(h)  Hallucinogenic substances. Any of the following hallucinogenic substances: dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the federal Food and Drug Administration.

SECTION 1.Section 127340 of the Health and Safety Code is amended to read:
127340.

The Legislature finds and declares all of the following:

(a)Private, not-for-profit hospitals meet certain needs of their communities through the provision of essential health care and other services. Public recognition of their unique status has led to favorable tax treatment by the government. In exchange, nonprofit hospitals assume a social obligation to provide community benefits in the public interest.

(b)Hospitals and the environment in which they operate have undergone dramatic changes. The pace of change will accelerate in response to health care reform. In light of this, significant public benefit would be derived if private, not-for-profit hospitals periodically reviewed and reaffirmed their commitment to assist in meeting their communities’ health care needs by identifying and documenting benefits provided to the communities that they serve.

(c)California’s private, not-for-profit hospitals provide a wide range of benefits to their communities in addition to those reflected in the financial data reported to the state.

(d)Unreported community benefits that are often provided but not otherwise reported include, but are not limited to, all of the following:

(1)Community-oriented wellness and health promotion.

(2)Prevention services, including, but not limited to, health screening, immunizations, school examinations, and disease counseling and education.

(3)Adult day care.

(4)Child care.

(5)Medical research.

(6)Medical education.

(7)Nursing and other professional training.

(8)Home-delivered meals to the homebound.

(9)Sponsorship of free food, shelter, and clothing to the homeless.

(10)Outreach clinics in socioeconomically depressed areas.

(e)Direct provision of goods and services, as well as preventive programs, should be emphasized by hospitals in the development of community benefit plans.

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