Bill Text: CA SB616 | 2011-2012 | Regular Session | Amended
Bill Title: Controlled substances: reporting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-29 - Joint Rule 62(a) file notice (Com. on APPR.) suspended. (Ayes 49. Noes 27. Page 6486.) Set, first hearing. Failed passage in committee. [SB616 Detail]
Download: California-2011-SB616-Amended.html
BILL NUMBER: SB 616 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 27, 2012
AMENDED IN ASSEMBLY AUGUST 24, 2012
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN ASSEMBLY JUNE 26, 2012
AMENDED IN SENATE JANUARY 4, 2012
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator DeSaulnier
FEBRUARY 18, 2011
An act to add Section 805.8 to the Business and Professions Code,
and to amend Section 11165 of the Health and Safety Code, relating to
controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 616, as amended, DeSaulnier. Controlled substances: reporting.
Existing law classifies certain controlled substances into
designated schedules. Existing law requires the Department of Justice
to maintain the Controlled Substance Utilization Review and
Evaluation System (CURES) for the electronic monitoring of the
prescribing and dispensing of Schedule II, Schedule III, and Schedule
IV controlled substances by all practitioners authorized to
prescribe or dispense these controlled substances.
Existing law requires dispensing pharmacies and clinics to report,
on a weekly basis, specified information for each prescription of
Schedule II, Schedule III, or Schedule IV controlled substances, to
the department, as specified.
This bill would establish the CURES Fund within the State Treasury
to receive funds to be allocated , upon
appropriation by the Legislature, to the Department of Justice
for the purposes of funding CURES, and would make related findings
and declarations.
This bill would, if insufficient funds exist to cover operational
costs of CURES or a permanent and ongoing funding source is not
identified for CURES, require the Medical Board of California, the
Dental Board of California, the California State Board of
Pharmacy, the Veterinary Medical Board, the Board of Registered
Nursing, the Physician Assistant Committee of the Medical Board of
California, the Osteopathic Medical Board of California, the State
Board of Optometry, and the California Board of Podiatric Medicine to
increase the licensure, certification, and renewal fees charged to
practitioners under their supervision who are authorized to prescribe
or dispense controlled substances by up to $10 annually, the
proceeds of which would be continuously appropriated to the
Department of Justice, deposited into the CURES Fund
for support of CURES, as specified.
Vote: majority. Appropriation: yes no
. Fiscal committee: 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) The Controlled Substance Utilization Review and Evaluation
System (CURES) is a valuable investigative, preventive, and
educational tool for law enforcement, regulatory boards, educational
researchers, and the health care community. Recent budget cuts to the
Attorney General's Division of Law Enforcement have resulted in
insufficient funding to support the CURES Prescription Drug
Monitoring Program (PDMP). The PDMP is necessary to ensure health
care professionals have the necessary data to make informed treatment
decisions and to allow law enforcement to investigate diversion of
prescription drugs. Without a dedicated funding source, the CURES
PDMP is not sustainable.
(b) Each year CURES responds to more than 60,000 requests from
practitioners and pharmacists regarding all of the following:
(1) Helping identify and deter drug abuse and diversion of
prescription drugs through accurate and rapid tracking of Schedule
II, Schedule III, and Schedule IV controlled substances.
(2) Helping practitioners make better prescribing decisions.
(3) Helping reduce misuse, abuse, and trafficking of those drugs.
(c) Schedule II, Schedule III, and Schedule IV controlled
substances have had deleterious effects on private and public
interests, including the misuse, abuse, and trafficking in dangerous
prescription medications resulting in injury and death. It is the
intent of the Legislature to work with stakeholders to fully fund the
operation of CURES which seeks to mitigate those deleterious
effects, and which has proven to be a cost-effective tool to help
reduce the misuse, abuse, and trafficking of those drugs.
SEC. 2. Section 805.8 is added to the Business and Professions
Code, to read:
805.8. (a) If the Attorney General determines that the ability of
regulatory agencies to adequately monitor prescribers and dispensers
of Schedule II, Schedule III, and Schedule IV controlled substances
has been compromised because insufficient funds exist to cover the
operational costs of the Controlled Substance Utilization Review and
Evaluation System (CURES) established by Section 11165 of the Health
and Safety Code, or because a permanent and ongoing funding source
sufficient to cover the operational costs of CURES has not been
implemented by July 1, 2014, the Medical Board of California, the
Dental Board of California, the California State Board of
Pharmacy, the Veterinary Medical Board, the Board of Registered
Nursing, the Physician Assistant Committee of the Medical Board of
California, the Osteopathic Medical Board of California, the State
Board of Optometry, and the California Board of Podiatric Medicine
, shall increase the licensure, certification, and
renewal fees charged to practitioners under their supervision who
are authorized pursuant to Section 11150 of the Health and Safety
Code to prescribe or dispense Schedule II, Schedule III, or Schedule
IV controlled substances by up to ten dollars ($10) annually, but in
no case shall the fee increase exceed the reasonable costs associated
with maintaining CURES for the purpose of regulating prescribers and
dispensers of controlled substances licensed or certificated by
these boards.
(b) The funds collected pursuant to subdivision (a) shall be
deposited in the CURES accounts, which are hereby created, within the
Contingent Fund of the Medical Board of California, the State
Dentistry Fund, the Pharmacy Board Contingency
Contingent Fund, the Veterinary Medical Board Contingent
Fund, the Board of Registered Nursing Fund, the Contingent
Fund of the Osteopathic Medical Board of California
Contingent Fund , the Optometry Fund, and the Board of
Podiatric Medicine Fund. Moneys in the CURES accounts of each of
those funds are, notwithstanding Section 13340 of the
Government Code, continuously appropriated without regard to fiscal
year shall, upon appropriation by the Legislature, be
available to the Department of Justice solely for maintaining
CURES for the purposes of regulating prescribers and dispensers of
controlled substances. All moneys received by the Department of
Justice pursuant to this section shall be deposited in the CURES Fund
described in Section 11165 of the Health and Safety Code.
SEC. 3. Section 11165 of the Health and Safety Code is amended to
read:
11165. (a) To assist law enforcement and regulatory agencies in
their efforts to control the diversion and resultant abuse of
Schedule II, Schedule III, and Schedule IV controlled substances, and
for statistical analysis, education, and research, the Department of
Justice shall, contingent upon the availability of adequate funds in
the CURES accounts of the Contingent Fund of the Medical Board of
California, the Pharmacy Board Contingent Fund, the State Dentistry
Fund, the Board of Registered Nursing Fund, the Osteopathic Medical
Board of California Contingent Fund, the Veterinary Medical Board
Contingency Contingent Fund, the
Optometry Fund, the Board of Podiatric Medicine Fund, and the CURES
Fund, maintain the Controlled Substance Utilization Review and
Evaluation System (CURES) for the electronic monitoring of, and
Internet access to information regarding, the prescribing and
dispensing of Schedule II, Schedule III, and Schedule IV controlled
substances by all practitioners authorized to prescribe or dispense
these controlled substances.
(b) The reporting of Schedule III and Schedule IV controlled
substance prescriptions to CURES shall be contingent upon the
availability of adequate funds for the Department of Justice. The
department may seek and use grant funds to pay the costs incurred
from the reporting of controlled substance prescriptions to CURES.
The department shall make information about the amount and the source
of all private grant funds it receives for support of CURES
available to the public. Funds Grant funds
shall not be appropriated from the Contingent Fund of the
Medical Board of California, the Pharmacy Board Contingent Fund, the
State Dentistry Fund, the Board of Registered Nursing Fund, the
Naturopathic Doctor's Fund, or the Osteopathic Medical Board of
California Contingent Fund to pay the costs of reporting Schedule III
and Schedule IV controlled substance prescriptions to CURES.
(c) CURES shall operate under existing provisions of law to
safeguard the privacy and confidentiality of patients. Data obtained
from CURES shall only be provided to appropriate state, local, and
federal persons or public agencies for disciplinary, civil, or
criminal purposes and to other agencies or entities, as determined by
the Department of Justice, for the purpose of educating
practitioners and others in lieu of disciplinary, civil, or criminal
actions. Data may be provided to public or private entities, as
approved by the Department of Justice, for educational, peer review,
statistical, or research purposes, provided that patient information,
including any information that may identify the patient, is not
compromised. Further, data disclosed to any individual or agency, as
described in this subdivision, shall not be disclosed, sold, or
transferred to any third party.
(d) For each prescription for a Schedule II, Schedule III, or
Schedule IV controlled substance, as defined in the controlled
substances schedules in federal law and regulations, specifically
Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of
the Code of Federal Regulations, the dispensing pharmacy or clinic
shall provide the following information to the Department of Justice
on a weekly basis and in a format specified by the Department of
Justice:
(1) Full name, address, and telephone number of the ultimate user
or research subject, or contact information as determined by the
Secretary of the United States Department of Health and Human
Services, and the gender, and date of birth of the ultimate user.
(2) The prescriber's category of licensure and license number, the
federal controlled substance registration number, and the state
medical license number of any prescriber using the federal controlled
substance registration number of a government-exempt facility.
(3) Pharmacy prescription number, license number, and federal
controlled substance registration number.
(4) National Drug Code (NDC) number of the controlled substance
dispensed.
(5) Quantity of the controlled substance dispensed.
(6) International Statistical Classification of Diseases, 9th
revision (ICD-9) Code, if available.
(7) Number of refills ordered.
(8) Whether the drug was dispensed as a refill of a prescription
or as a first-time request.
(9) Date of origin of the prescription.
(10) Date of dispensing of the prescription.
(e) The CURES Fund is hereby established within the State
Treasury. The CURES Fund shall consist of all funds made available to
the Department of Justice for the purposes of funding CURES. Money
in the CURES Fund shall, notwithstanding Section 13340 of
the Government Code, be continuously appropriated without regard to
fiscal year shall, upon appropriation by the
Legislature, be available for allocation to the Department of
Justice for the purposes of funding CURES.
