Bill Text: CA AB2592 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2592 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Controlled substances: medicine locking closure packages: grant program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2592 Detail]

Download: California-2015-AB2592-Amended.html

BILL NUMBER: AB 2592	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 19, 2016

    An act to amend Section 11209 of the Health and Safety
Code, relating to prescriptions.   An act to add and
repeal Section 11209.3 of the Health and Safety Code, relating to
controlled substances. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2592, as amended, Cooper.  Prescriptions. 
 Controlled substances: medicine locking closure packages: grant
program.  
   Existing law, the California Uniform Controlled Substances Act,
specifies the proper uses of, and means of prescribing, controlled
substances, as defined. Existing law prohibits a person other than a
pharmacist to compound, prepare, fill, or dispense a prescription for
a controlled substance. A violation of these provisions is generally
a misdemeanor unless another punishment is specifically provided.
 
   Existing law establishes the State Department of Public Health,
which has authority over various programs promoting public health and
which may investigate, apply for, and enter into agreements to
secure federal or nonfederal funding opportunities for the purposes
of advancing public health.  
   This bill, until January 1, 2022, would require the department to
implement the Opioid Abuse Prevention Pilot Program to award grants
to combat opioid abuse and improve the safe prescribing of opioids.
The bill would require the department to award grants, in an amount
to be determined by the department, to individual pharmacies that
choose to participate. The bill would require a pharmacy that applies
for and receives a grant to offer all patients who are prescribed an
opioid a medicine locking closure package, as defined. The bill
would prohibit the department from using General Fund moneys on this
program unless those moneys are specifically appropriated for this
purpose. The bill would require the department to evaluate the
effectiveness of the program and report its findings to the
Legislature no later than December 31, 2021.  
   Existing law, the California Uniform Controlled Substances Act,
classifies controlled substances into 5 designated schedules, with
the most restrictive limitations generally placed on controlled
substances classified in Schedule I, and the least restrictive
limitations generally placed on controlled substances classified in
Schedule V. Existing law prohibits the delivery of Schedule II, III,
or IV controlled substances to a pharmacy unless a receipt for the
merchandise is signed by a pharmacist or authorized receiving
personnel. A violation of this provision is a crime. 

   This bill would make nonsubstantive changes to this provision.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) More than 4,300 people died from drug poisoning in California
in 2013.  
   (b) Most drug poisonings stem from prescription medications, and
opioids are the most commonly prescribed.  
   (c) Recent research by the federal Centers for Disease Control and
Prevention finds that 98 percent of all sources for abused
prescription drugs originate within the home. Only 3 percent of homes
lock up their medications.  
   (d) The State Department of Public Health recently received a new
grant of more than $3.7 million to improve the safe prescribing of
opioid painkillers. 
   SEC. 2.    Section 11209.3 is added to the  
Health and Safety Code   , to read:  
   11209.3.  (a) The State Department of Public Health shall, to the
extent funding is available, establish the Opioid Abuse Prevention
Pilot Program to award grants to combat opioid abuse and improve the
safe prescribing of opioids. Grants, in an amount determined by the
department, shall be awarded to individual pharmacies that choose to
participate. Grants shall target areas where the prevalence of
prescription drug abuse is high as determined by data that has been
collected by the department and the California Health Care
Foundation.
   (b) A pharmacy that applies for and receives a grant pursuant to
this section shall offer all patients who are prescribed an opioid
with a medicine locking closure package. A patient shall not receive
a medicine locking closure package unless he or she consents either
orally or in writing. Every medicine locking closure package shall be
dispensed with instructions for patient use unless the patient
indicates orally or in writing that instructions are not needed.
   (c) The State Department of Public Health shall not expend General
Fund moneys on this program unless those moneys are specifically
appropriated for this purpose. The department may seek funds from
private entities, including foundations and nonprofit organizations,
and may apply for federal or other grants, to fund the grant program.

   (d) For purposes of this section, "medicine locking closure
package" means a locking closure mechanism that can only be unlocked
with a user-generated, resettable alphanumerical code in combination
with an amber prescription container that forms a package that only
allows the person with the prescription to access the medicine.
   (e) The department shall evaluate the effectiveness of the pilot
program to combat prescription drug abuse in targeted areas and
report its findings to the Legislature no later than December 31,
2021. The report shall be submitted in compliance with Section 9795
of the Government Code.
   (f)  This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.  
  SECTION 1.    Section 11209 of the Health and
Safety Code is amended to read:
   11209.  (a) A person shall not deliver Schedule II, III, or IV
controlled substances to a pharmacy or pharmacy receiving area, nor
shall any person receive controlled substances on behalf of a
pharmacy unless, at the time of delivery, a pharmacist or authorized
receiving personnel signs a receipt showing the type and quantity of
the controlled substances received. Any discrepancy between the
receipt and the type or quantity of controlled substances actually
received shall be reported to the delivering wholesaler or
manufacturer by the next business day after delivery to the pharmacy.

   (b) The delivery receipt and any record of discrepancy shall be
maintained by the wholesaler or manufacturer for a period of three
years.
   (c) A violation of this section is a misdemeanor.
   (d) Nothing in this section shall require a common carrier to
label a package containing controlled substances in a manner contrary
to federal law or regulation.