Bill Text: CA SB410 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Anesthesiologist assistants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB410 Detail]

Download: California-2013-SB410-Introduced.html

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BILL NUMBER: SB 410	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yee

                        FEBRUARY 20, 2013

   An act to amend Section 2241.5 of the Business and Professions
Code, relating to medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 410, as introduced, . Health care: controlled substances and
dangerous drugs.
   Existing law authorizes a physician and surgeon to prescribe for,
or dispense or administer to, a person under his or her treatment for
a medical condition, drugs or prescription controlled substances for
the treatment of pain or a condition causing pain, including
intractable pain. Existing law requires the physician and surgeon to
exercise reasonable care in determining whether a particular patient
or condition, or complexity of the patient's treatment, including,
but not limited to, a current or recent pattern of drug abuse,
requires consultation with, or referral to, a more qualified
specialist.
   This bill would specify that chronic pain is included among the
types of pain for which these drugs or substances may be prescribed.

   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 2241.5 of the Business and Professions Code is
amended to read:
   2241.5.  (a) A physician and surgeon may prescribe for, or
dispense or administer to, a person under his or her treatment for a
medical condition dangerous drugs or prescription controlled
substances for the treatment of pain or a condition causing pain,
including, but not limited to,  chronic pain or  intractable
pain.
   (b) No physician and surgeon shall be subject to disciplinary
action for prescribing, dispensing, or administering dangerous drugs
or prescription controlled substances in accordance with this
section.
   (c) This section shall not affect the power of the board to take
any action described in Section 2227 against a physician and surgeon
who does any of the following:
   (1) Violates subdivision (b), (c), or (d) of Section 2234
regarding gross negligence, repeated negligent acts, or incompetence.

   (2) Violates Section 2241 regarding treatment of an addict.
   (3) Violates Section 2242 regarding performing an appropriate
prior examination and the existence of a medical indication for
prescribing, dispensing, or furnishing dangerous drugs.
   (4) Violates Section 2242.1 regarding prescribing on the Internet.

   (5) Fails to keep complete and accurate records of purchases and
disposals of substances listed in the California Uniform Controlled
Substances Act (Division 10 (commencing with Section 11000) of the
Health and Safety Code) or controlled substances scheduled in the
federal Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. Sec. 801 et seq.), or pursuant to the federal
Comprehensive Drug Abuse Prevention and Control Act of 1970. A
physician and surgeon shall keep records of his or her purchases and
disposals of these controlled substances or dangerous drugs,
including the date of purchase, the date and records of the sale or
disposal of the drugs by the physician and surgeon, the name and
address of the person receiving the drugs, and the reason for the
disposal or the dispensing of the drugs to the person, and shall
otherwise comply with all state recordkeeping requirements for
controlled substances.
   (6) Writes false or fictitious prescriptions for controlled
substances listed in the California Uniform Controlled Substances Act
or scheduled in the federal Comprehensive Drug Abuse Prevention and
Control Act of 1970.
   (7) Prescribes, administers, or dispenses in violation of this
chapter, or in violation of Chapter 4 (commencing with Section 11150)
or Chapter 5 (commencing with Section 11210) of Division 10 of the
Health and Safety Code.
   (d) A physician and surgeon shall exercise reasonable care in
determining whether a particular patient or condition, or the
complexity of a patient's treatment, including, but not limited to, a
current or recent pattern of drug abuse, requires consultation with,
or referral to, a more qualified specialist.
   (e) Nothing in this section shall prohibit the governing body of a
hospital from taking disciplinary actions against a physician and
surgeon pursuant to Sections 809.05, 809.4, and 809.5.