Bill Text: CA AB611 | 2015-2016 | Regular Session | Amended
Bill Title: Controlled substances: prescriptions: reporting.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB611 Detail]
Download: California-2015-AB611-Amended.html
BILL NUMBER: AB 611 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 24, 2015
INTRODUCED BY Assembly Member Dahle
FEBRUARY 24, 2015
An act to amend Section 11165.1 of the Health and Safety Code,
relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 611, as amended, Dahle. Controlled substances: prescriptions:
reporting.
Existing law requires certain health care practitioners and
pharmacists to apply to the Department of Justice to obtain approval
to access information contained in the Controlled Substance
Utilization Review and Evaluation System (CURES) Prescription Drug
Monitoring Program (PDMP) regarding the controlled substance history
of a patient under his or her care. Existing law requires the
Department of Justice, upon approval of an application, to provide
the approved health care practitioner or pharmacist the history of
controlled substances dispensed to an individual under his or her
care. Existing law authorizes an application to be denied, or a
subscriber to be suspended, for specified reasons, including, among
others, a subscriber accessing information for any reason other than
caring for his or her patients.
This bill would also authorize an individual designated to
investigate a holder of a professional license to apply to the
Department of Justice to obtain approval to access information
contained in the CURES PDMP regarding the controlled substance
history of an applicant or a licensee for the purpose of
investigating the alleged substance abuse of a licensee. The bill
would, upon approval of an application, require the department to
provide to the approved individual the history of controlled
substances dispensed to the licensee. The bill would clarify that
only a subscriber who is a health care practitioner or a pharmacist
may have an application denied or be suspended for accessing
subscriber information for any reason other than caring for his or
her patients. The bill would also specify that an application may be
denied, or a subscriber may be suspended, if a subscriber who has
been designated to investigate the holder of a professional license
accesses information for any reason other than investigating the
holder of a professional license.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11165.1 of the Health and Safety Code is
amended to read:
11165.1. (a) (1) (A) (i) A health care practitioner authorized to
prescribe, order, administer, furnish, or dispense Schedule II,
Schedule III, or Schedule IV controlled substances pursuant to
Section 11150 shall, before January 1, 2016, or upon receipt of a
federal Drug Enforcement Administration (DEA) registration, whichever
occurs later, submit an application developed by the Department of
Justice to obtain approval to access information online regarding the
controlled substance history of a patient that is stored on the
Internet and maintained within the Department of Justice, and, upon
approval, the department shall release to that practitioner the
electronic history of controlled substances dispensed to an
individual under his or her care based on data contained in the CURES
Prescription Drug Monitoring Program (PDMP).
(ii) A pharmacist shall, before January 1, 2016, or upon
licensure, whichever occurs later, submit an application developed by
the Department of Justice to obtain approval to access information
online regarding the controlled substance history of a patient that
is stored on the Internet and maintained within the Department of
Justice, and, upon approval, the department shall release to that
pharmacist the electronic history of controlled substances dispensed
to an individual under his or her care based on data contained in the
CURES PDMP.
(iii) (I) An individual designated by a
board, bureau, or program within the Department of Consumer Affairs
to investigate a holder of a professional license may, for the
purpose of investigating the alleged substance abuse of a licensee,
submit an application developed by the Department of Justice to
obtain approval to access information online regarding the controlled
substance history of a licensee that is stored on the Internet and
maintained within the Department of Justice, and, upon approval, the
department shall release to that individual the electronic history of
controlled substances dispensed to the licensee based on data
contained in the CURES PDMP. An application for an
individual designated by a board, bureau, or program that does not
regulate health care practitioners authorized to prescribe, order,
administer, furnish, or dispense Schedule II, Schedule III, or
Schedule IV controlled substances pursuant to Section 11150
The application shall contain facts demonstrating the
probable cause to believe the licensee has violated a law governing
controlled substances.
(II) This clause does not require an individual designated by a
board, bureau, or program within the Department of Consumer Affairs
that regulates health care practitioners to submit an application to
access the information stored within the CURES PDMP.
(B) An application may be denied, or a subscriber may be
suspended, for reasons which include, but are not limited to, the
following:
(i) Materially falsifying an application for a subscriber.
(ii) Failure to maintain effective controls for access to the
patient activity report.
(iii) Suspended or revoked federal DEA registration.
(iv) Any subscriber who is arrested for a violation of law
governing controlled substances or any other law for which the
possession or use of a controlled substance is an element of the
crime.
(v) Any subscriber described in clause (i) or (ii) of subparagraph
(A) accessing information for any other reason than caring for his
or her patients.
(vi) Any subscriber described in clause (iii) of subparagraph (A)
accessing information for any other reason than investigating the
holder of a professional license.
(C) Any authorized subscriber shall notify the Department of
Justice within 30 days of any changes to the subscriber account.
(2) A health care practitioner authorized to prescribe, order,
administer, furnish, or dispense Schedule II, Schedule III, or
Schedule IV controlled substances pursuant to Section 11150 or a
pharmacist shall be deemed to have complied with paragraph (1) if the
licensed health care practitioner or pharmacist has been approved to
access the CURES database through the process developed pursuant to
subdivision (a) of Section 209 of the Business and Professions Code.
(b) Any request for, or release of, a controlled substance history
pursuant to this section shall be made in accordance with guidelines
developed by the Department of Justice.
(c) In order to prevent the inappropriate, improper, or illegal
use of Schedule II, Schedule III, or Schedule IV controlled
substances, the Department of Justice may initiate the referral of
the history of controlled substances dispensed to an individual based
on data contained in CURES to licensed health care practitioners,
pharmacists, or both, providing care or services to the individual.
(d) The history of controlled substances dispensed to an
individual based on data contained in CURES that is received by an
authorized subscriber from the Department of Justice pursuant to this
section shall be considered medical information subject to the
provisions of the Confidentiality of Medical Information Act
contained in Part 2.6 (commencing with Section 56) of Division 1 of
the Civil Code.
(e) Information concerning a patient's controlled substance
history provided to an authorized subscriber pursuant to this section
shall include prescriptions for controlled substances listed in
Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of
Federal Regulations.
