Amended  IN  Senate  January 03, 2024
Amended  IN  Senate  April 24, 2023
Amended  IN  Senate  April 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 607

Introduced by Senator Portantino

February 15, 2023

An act to amend Section 1343 of, and to add Section 1343.2 to, the Health and Safety Code, and to amend Section 740 of the Insurance Code, relating to health care coverage, and declaring the urgency thereof, to take effect immediately. Section 11158.1 of the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 607, as amended, Portantino. Self-funded student health care coverage. Controlled substances.
Existing law requires a prescriber, with certain exceptions, before directly dispensing or issuing for a minor the first prescription for a controlled substance containing an opioid in a single course of treatment, to discuss specified information with the minor, the minor’s parent or guardian, or another adult authorized to consent to the minor’s medical treatment.
This bill would extend that requirement for the prescriber by applying it to any patient, not only a minor, under those circumstances. The bill would also require the prescriber to discuss the availability of nonpharmacological treatments for pain.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. Under existing law, specified persons are exempt from that regulation by the Department of Managed Health Care or the Department of Insurance.

This bill would authorize a student health plan operated by a bona fide, private, nonprofit institution of higher learning to operate in California if the institution files a yearly report with the Director of the Department of Managed Health Care that certifies specified information, including information relating to specific coverage the student health plan would provide, and the characteristics the institution would use for purposes of establishing rates for individual students and any dependents. The bill would require the report to be certified under penalty of perjury. The bill would exempt a student health plan that complies with those requirements from other regulation by the Department of Managed Health Care or the Department of Insurance, except as specified. By expanding the crime of perjury, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 11158.1 of the Health and Safety Code is amended to read:

11158.1.
 (a) Except when a patient is being treated as set forth in Sections 11159, 11159.2, and 11167.5, and Article 2 (commencing with Section 11215) of Chapter 5, pertaining to the treatment of persons with substance use disorder, or for a diagnosis of chronic intractable pain as used in Section 124960 of this code and Section 2241.5 of the Business and Professions Code, except when a patient is currently receiving hospice care, a prescriber shall discuss all of the following with the minor, the information with the patient, or if the patient is a minor, the minor, the minor’s parent or guardian, or another adult authorized to consent to the minor’s medical treatment treatment, before directly dispensing or issuing for a minor to a patient the first prescription in a single course of treatment for a controlled substance containing an opioid:
(1) The risks of addiction and overdose associated with the use of opioids.
(2) The increased risk of addiction to an opioid to for an individual who is suffering from both mental and substance abuse disorders.
(3) The danger of taking an opioid with a benzodiazepine, alcohol, or another central nervous system depressant.
(4) The availability of nonpharmacological treatments for pain.

(4)

(5) Any other information required by law.
(b) This section does not apply in any of the following circumstances:
(1) If the minor’s patient’s treatment includes emergency services and care as defined in Section 1317.1.
(2) If the minor’s patient’s treatment is associated with with, or incident to incidental to, an emergency surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis.
(3) If, in the prescriber’s professional judgment, fulfilling the requirements of subdivision (a) would be detrimental to the minor’s patient’s health or safety, or in violation of the minor’s patient’s legal rights regarding confidentiality.
(c) Notwithstanding any other law, including Section 11374, failure to comply with this section shall not constitute a criminal offense.