BILL NUMBER: SB 151 CHAPTERED
BILL TEXT
CHAPTER 406
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2003
APPROVED BY GOVERNOR SEPTEMBER 16, 2003
PASSED THE SENATE SEPTEMBER 8, 2003
PASSED THE ASSEMBLY SEPTEMBER 3, 2003
AMENDED IN ASSEMBLY AUGUST 18, 2003
AMENDED IN ASSEMBLY JULY 8, 2003
AMENDED IN ASSEMBLY JUNE 26, 2003
AMENDED IN SENATE JUNE 2, 2003
AMENDED IN SENATE MAY 14, 2003
AMENDED IN SENATE APRIL 8, 2003
INTRODUCED BY Senator Burton
(Coauthors: Senators Aanestad, Kuehl, and Torlakson)
(Coauthors: Assembly Members Berg, Canciamilla, Cohn, Dymally,
Hancock, Jerome Horton, Koretz, Leno, Lieber, Longville, and
Lowenthal)
FEBRUARY 7, 2003
An act to amend Sections 11165.1 and 11166 of, to amend and repeal
Sections 11162, 11168, and 11169 of, to amend, repeal, and add
Sections 11159.2, 11161, 11164, 11165, 11167, 11167.5, and 11190 of,
to add Sections 11029.5, 11161.5, 11161.7, 11162.1, and 11162.6 to,
and to add, repeal, and add Section 11164.1 to, the Health and
Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 151, Burton. Controlled substances: Schedule II.
Existing law provides that no person shall prescribe a controlled
substance, nor shall any person fill, compound, or dispense such a
prescription unless it complies with specified requirements, one of
which is that prescriptions for Schedule II controlled substances
shall be prepared on triplicate prescription blanks issued by the
Department of Justice. Existing law also provides for the electronic
monitoring of the prescribing and dispensing of Schedule II
controlled substances pursuant to the Controlled Substance
Utilization Review and Evaluation System (CURES) program, as
specified. The CURES program is scheduled to become inoperative on
July 1, 2008, and repealed on January 1, 2009. Existing law provides
that a violation of any of these provisions is generally a
misdemeanor.
This bill would, on and after July 1, 2004, eliminate the
triplicate prescription requirement for Schedule II controlled
substances and would, on and after January 1, 2005, require
prescribers of Schedule II controlled substances to meet the same
prescription requirements imposed with respect to other prescribable
controlled substances, as specified. The bill would, on and after
January 1, 2005, require prescriptions for any controlled substance
to be issued on controlled substance prescription forms obtained from
a security printer approved by the Board of Pharmacy, as specified.
Between July 1, 2004, and January 1, 2005, these prescriptions would
be permitted using either the triplicate form or the security forms.
The bill would make the CURES program applicable to Schedule III
drugs if there is adequate funding and would also provide for the
indefinite continuation of the CURES program by deleting its repeal
date. The bill would make it a crime to counterfeit a controlled
substance prescription; knowingly possess a counterfeited controlled
substance prescription; or obtain under false pretenses, or
fraudulently produce, a controlled substance prescription, as
specified. By creating new crimes, the bill would impose a
state-mandated local program.
The bill would also revise provisions relating to electronically
transmitted prescriptions and would add provisions authorizing
pharmacies to dispense certain prescriptions from out-of-state
prescribers, as specified. The bill would make conforming changes to
related provisions.
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 incorporate additional changes to Section 11165 of
the Health and Safety Code proposed by AB 1196, to be operative only
if this bill and AB 1196 are both enacted and become effective on or
before January 1, 2004, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to do the following:
(a) Increase patient access to appropriate pain medication and
prevent the diversion of controlled substances for illicit use.
(b) Provide that the forms required by the act for controlled
substance prescriptions may be used to prescribe any prescription
drug or device.
SEC. 2. Section 11029.5 is added to the Health and Safety Code, to
read:
11029.5. "Security printer" means a person approved to produce
controlled substance prescription forms pursuant to Section 11161.5.
SEC. 3. Section 11159.2 of the Health and Safety Code is amended
to read:
11159.2. (a) Notwithstanding any other provision of law, a
prescription for a Schedule II controlled substance for use by a
patient who has a terminal illness shall not be subject to Section
11164.
(b) (1) The prescription shall be signed and dated by the
prescriber and shall contain the name of the person for whom the
controlled substance is prescribed, the name and quantity of the
controlled substance prescribed, and directions for use. The
signature, date, and information required by this paragraph shall be
wholly written in ink or indelible pencil in the handwriting of the
prescriber.
(2) The prescription shall also contain the address of the person
for whom the controlled substance is prescribed, as provided in
paragraph (3) of subdivision (b) of Section 11164, and shall contain
the name, address, telephone number, category of professional
licensure, and federal controlled substance registration number of
the prescriber, as provided in paragraph (2) of subdivision (b) of
Section 11164.
(3) The prescription shall also indicate that the prescriber has
certified that the patient is terminally ill by the words "11159.2
exemption."
(c) A pharmacist may fill a prescription pursuant to this section
when there is a technical error in the certification required by
paragraph (3) of subdivision (b), provided that he or she has
personal knowledge of the patient's terminal illness, and
subsequently returns the prescription to the prescriber for
correction within 72 hours.
(d) For purposes of this section, "terminally ill" means a patient
who meets all of the following conditions:
(1) In the reasonable medical judgment of the prescribing
physician, the patient has been determined to be suffering from an
illness that is incurable and irreversible.
(2) In the reasonable medical judgment of the prescribing
physician, the patient's illness will, if the illness takes its
normal course, bring about the death of the patient within a period
of one year.
(3) The patient's treatment by the physician prescribing a
Schedule II controlled substance pursuant to this section primarily
is for the control of pain, symptom management, or both, rather than
for cure of the illness.
(e) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed.
SEC. 3.5. Section 11159.2 is added to the Health and Safety Code,
to read:
11159.2. (a) Notwithstanding any other provision of law, a
prescription for a Schedule II controlled substance for use by a
patient who has a terminal illness shall meet the following
requirements:
(1) Contain the information specified in subdivision (a) of
Section 11164.
(2) Indicate that the prescriber has certified that the patient is
terminally ill by the words "11159.2 exemption."
(b) A pharmacist may fill a prescription pursuant to this section
when there is a technical error in the certification required by
paragraph (2) of subdivision (a), provided that he or she has
personal knowledge of the patient's terminal illness, and
subsequently returns the prescription to the prescriber for
correction within 72 hours.
(c) For purposes of this section, "terminally ill" means a patient
who meets all of the following conditions:
(1) In the reasonable medical judgment of the prescribing
physician, the patient has been determined to be suffering from an
illness that is incurable and irreversible.
(2) In the reasonable medical judgment of the prescribing
physician, the patient's illness will, if the illness takes its
normal course, bring about the death of the patient within a period
of one year.
(3) The patient's treatment by the physician prescribing a
Schedule II controlled substance pursuant to this section primarily
is for the control of pain, symptom management, or both, rather than
for cure of the illness.
(d) This section shall become operative on July 1, 2004.
SEC. 4. Section 11161 of the Health and Safety Code is amended to
read:
11161. (a) Prescription blanks shall be issued by the Department
of Justice in serially numbered groups of not more than 100 forms
each in triplicate unless a practitioner orally, electronically, or
in writing requests a larger amount, and shall be furnished to any
practitioner authorized to write a prescription for controlled
substances classified in Schedule II. The Department of Justice may
charge a fee for the prescription blanks sufficient to reimburse the
department for the actual costs associated with the preparation,
processing, and filing of any forms issued pursuant to this section.
The prescription blanks shall not be transferable. Any person
possessing a triplicate prescription blank otherwise than as provided
in this section is guilty of a misdemeanor.
(b) When a practitioner is named in a warrant of arrest or is
charged in an accusatory pleading with a felony violation of Section
11153, 11154, 11156, 11157, 11170, 11173, 11350, 11351, 11352, 11353,
11353.5, 11377, 11378, 11378.5, 11379, 11379.5, or 11379.6, the
court in which the accusatory pleading is filed or the magistrate who
issued the warrant of arrest shall, upon the motion of a law
enforcement agency which is supported by reasonable cause, issue an
order which requires the practitioner to surrender to the clerk of
the court all triplicate prescription blanks in the practitioner's
possession at a time set in the order and shall direct the Department
of Justice to withhold prescription blanks from the practitioner.
The law enforcement agency obtaining the order shall notify the
Department of Justice of this order. Except as provided in
subdivisions (c) and (f) of this section, the order shall remain in
effect until further order of the court. Any practitioner possessing
prescription blanks in violation of the order is guilty of a
misdemeanor.
(c) The order provided by subdivision (b) shall be vacated if the
court or magistrate finds that the underlying violation or violations
are not supported by reasonable cause at a hearing held within two
court days after the practitioner files and personally serves upon
the prosecuting attorney and the law enforcement agency that obtained
the order, a notice of motion to vacate the order with any
affidavits on which the practitioner relies. At the hearing, the
burden of proof, by a preponderance of the evidence, is on the
prosecution. Evidence presented at the hearing shall be limited to
the warrant of arrest with supporting affidavits, the motion to
require the defendant to surrender all triplicate prescription blanks
with supporting affidavits, the sworn complaint together with any
documents or reports incorporated by reference thereto which, if
based on information and belief, state the basis for the information,
or any other documents of similar reliability as well as affidavits
and counter affidavits submitted by the prosecution and defense.
Granting of the motion to vacate the order is no bar to prosecution
of the alleged violation or violations.
(d) The defendant may elect to challenge the order issued under
subdivision (b) at the preliminary examination. At that hearing, the
evidence shall be limited to that set forth in subdivision (c) and
any other evidence otherwise admissible at the preliminary
examination.
(e) If the practitioner has not moved to vacate the order issued
under subdivision (b) by the time of the preliminary examination and
he or she is held to answer on the underlying violation or
violations, the practitioner shall be precluded from afterwards
moving to vacate the order. If the defendant is not held to answer
on the underlying charge or charges at the conclusion of the
preliminary examination, the order issued under subdivision (b) shall
be vacated.
(f) Notwithstanding subdivision (e), any practitioner who is
diverted pursuant to Chapter 2.5 (commencing with Section 1000) of
Title 7 of Part 2 of the Penal Code may file a motion to vacate the
order issued under subdivision (b).
(g) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed.
SEC. 5. Section 11161 is added to the Health and Safety Code, to
read:
11161. (a) When a practitioner is named in a warrant of arrest or
is charged in an accusatory pleading with a felony violation of
Section 11153, 11154, 11156, 11157, 11170, 11173, 11350, 11351,
11352, 11353, 11353.5, 11377, 11378, 11378.5, 11379, 11379.5, or
11379.6, the court in which the accusatory pleading is filed or the
magistrate who issued the warrant of arrest shall, upon the motion of
a law enforcement agency which is supported by reasonable cause,
issue an order which requires the practitioner to surrender to the
clerk of the court all triplicate prescription blanks or controlled
substance prescription forms in the practitioner's possession at a
time set in the order. Except as provided in subdivisions (b) and
(e) of this section, the order shall remain in effect until further
order of the court. Any practitioner possessing prescription blanks
in violation of the order is guilty of a misdemeanor.
(b) The order provided by subdivision (a) shall be vacated if the
court or magistrate finds that the underlying violation or violations
are not supported by reasonable cause at a hearing held within two
court days after the practitioner files and personally serves upon
the prosecuting attorney and the law enforcement agency that obtained
the order, a notice of motion to vacate the order with any
affidavits on which the practitioner relies. At the hearing, the
burden of proof, by a preponderance of the evidence, is on the
prosecution. Evidence presented at the hearing shall be limited to
the warrant of arrest with supporting affidavits, the motion to
require the defendant to surrender all triplicate prescription blanks
or controlled substance prescription forms with supporting
affidavits, the sworn complaint together with any documents or
reports incorporated by reference thereto which, if based on
information and belief, state the basis for the information, or any
other documents of similar reliability as well as affidavits and
counter affidavits submitted by the prosecution and defense.
Granting of the motion to vacate the order is no bar to prosecution
of the alleged violation or violations.
(c) The defendant may elect to challenge the order issued under
subdivision (a) at the preliminary examination. At that hearing, the
evidence shall be limited to that set forth in subdivision (b) and
any other evidence otherwise admissible at the preliminary
examination.
(d) If the practitioner has not moved to vacate the order issued
under subdivision (a) by the time of the preliminary examination and
he or she is held to answer on the underlying violation or
violations, the practitioner shall be precluded from afterwards
moving to vacate the order. If the defendant is not held to answer
on the underlying charge or charges at the conclusion of the
preliminary examination, the order issued under subdivision (a) shall
be vacated.
(e) Notwithstanding subdivision (d), any practitioner who is
diverted pursuant to Chapter 2.5 (commencing with Section 1000) of
Title 7 of Part 2 of the Penal Code may file a motion to vacate the
order issued under subdivision (a).
(f) This section shall become operative on July 1, 2004.
SEC. 6. Section 11161.5 is added to the Health and Safety Code, to
read:
11161.5. (a) Prescription forms for controlled substance
prescriptions shall be obtained from security printers approved by
the Board of Pharmacy.
(b) The Board of Pharmacy may approve security printer
applications after the applicant has provided the following
information:
(1) Name, address, and telephone number of the applicant.
(2) Policies and procedures of the applicant for verifying the
identity of the prescriber ordering controlled substance prescription
forms.
(3) Policies and procedures of the applicant for verifying
delivery of controlled substance prescription forms to prescribers.
(4) (A) The location, names, and titles of the applicant's agent
for service of process in this state; all principal corporate
officers, if any; and all managing general partners, if any.
(B) A report containing this information shall be made on an
annual basis and within 30 days after any change of office, principal
corporate officers, or managing general partner.
(5) (A) A signed statement indicating whether the applicant,
principal corporate officers, or managing general partners have ever
been convicted of, or pled no contest to, a violation of any law of a
foreign country, the United States, or any state, or of any local
ordinance.
(B) The applicant shall also provide fingerprints, in a manner
specified by the Board of Pharmacy, for the purpose of completing
state and federal criminal background checks.
(c) Prior to approving a security printer application, the Board
of Pharmacy shall submit a copy of the application to the Department
of Justice; the Department of Justice may, within 30 calendar days of
receipt of the application from the Board of Pharmacy, deny the
security printer application.
(d) The Board of Pharmacy or the Department of Justice may deny a
security printer application on any of the following grounds:
(1) The applicant has been convicted of a crime. A conviction
within the meaning of this paragraph means a plea or verdict of
guilty or a conviction following a plea of nolo contendere. Any
action which a board is permitted to take following the establishment
of a conviction may be taken when the time for appeal has elapsed,
the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code.
(2) The applicant committed any act involving dishonesty, fraud,
or deceit with the intent to substantially benefit himself, herself,
or another, or substantially injure another.
(3) The applicant committed any act that would constitute a
violation of this division.
(4) The applicant knowingly made a false statement of fact
required to be revealed in the application to produce controlled
substance prescription forms.
(5) The Board of Pharmacy or Department of Justice determines that
the applicant failed to demonstrate adequate security procedures
relating to the production and distribution of controlled substance
prescription forms.
(6) The Board of Pharmacy or Department of Justice determines that
the applicant has submitted an incomplete application.
(e) The Board of Pharmacy shall maintain a list of approved
security printers and the Board of Pharmacy shall make this
information available to prescribers and other appropriate government
agencies, including the Department of Justice.
(f) Before printing any controlled substance prescription forms, a
security printer shall verify with the appropriate licensing board
that the prescriber possesses a license and current prescribing
privileges which permits the prescribing of controlled substances.
(g) Controlled substance prescription forms shall be provided
directly to the prescriber either in person, by certified mail, or by
a means that requires a signature signifying receipt of the package
and provision of that signature to the security printer.
(h) Security printers shall retain ordering and delivery records
in a readily retrievable manner for individual prescribers for three
years.
(i) Security printers shall produce ordering and delivery records
upon request by an authorized officer of the law as defined in
Section 4017 of the Business and Professions Code.
(j) (1) The Board of Pharmacy or the Department of Justice may
revoke its approval of a security printer for a violation of this
division or action that would permit a denial pursuant to subdivision
(d) of this section.
(2) When the Board of Pharmacy or the Department of Justice
revokes its approval, it shall notify the appropriate licensing
boards and remove the security printer from the list of approved
security printers.
(k) Security printer applicants may appeal a denial or revocation
by the Board of Pharmacy to the full board in a public meeting of the
Board of Pharmacy.
SEC. 7. Section 11161.7 is added to the Health and Safety Code, to
read:
11161.7. (a) When a prescriber's authority to prescribe
controlled substances is restricted by civil, criminal, or
administrative action, or by an order of the court issued pursuant to
Section 11161, the law enforcement agency or licensing board that
sought the restrictions shall provide the name, category of
licensure, license number, and the nature of the restrictions imposed
on the prescriber to security printers, the Department of Justice,
and the Board of Pharmacy.
(b) The Board of Pharmacy shall make available the information
required by subdivision (a) to pharmacies and security printers to
prevent the dispensing of controlled substance prescriptions issued
by the prescriber and the ordering of additional controlled substance
prescription forms by the restricted prescriber.
SEC. 8. Section 11162 of the Health and Safety Code is amended to
read:
11162. (a) The prescription blanks shall be printed on
distinctive paper, the serial number of the group being shown on each
form, and each form being serially numbered. The prescription
blanks shall bear the preprinted name, address, and category of
professional licensure of the practitioner to whom they are issued,
and the federal registry number for controlled substances.
(b) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed.
SEC. 9. Section 11162.1 is added to the Health and Safety Code, to
read:
11162.1. (a) The prescription forms for controlled substances
shall be printed with the following features:
(1) A latent, repetitive "void" pattern shall be printed across
the entire front of the prescription blank; if a prescription is
scanned or photocopied, the word "void" shall appear in a pattern
across the entire front of the prescription.
(2) A watermark shall be printed on the backside of the
prescription blank; the watermark shall consist of the words
"California Security Prescription."
(3) A chemical void protection that prevents alteration by
chemical washing.
(4) A feature printed in thermo-chromic ink.
(5) An area of opaque writing so that the writing disappears if
the prescription is lightened.
(6) A description of the security features included on each
prescription form.
(7) (A) Six quantity check off boxes shall be printed on the form
and the following quantities shall appear:
1-24
25-49
50-74
75-100
101-150
151 and over.
(B) In conjunction with the quantity boxes, a space shall be
provided to designate the units referenced in the quantity boxes when
the drug is not in tablet or capsule form.
(8) Prescription blanks shall either (A) contain a statement
printed on the bottom of the prescription blank that the
"Prescription is void if more than one controlled substance
prescription is written per blank" or (B) contain a space for the
prescriber to specify the number of drugs prescribed on the
prescription and a statement printed on the bottom of the
prescription blank that the "Prescription is void if the number of
drugs prescribed is not noted."
(9) The preprinted name, category of licensure, license number,
and federal controlled substance registration number of the
prescribing practitioner.
(10) A check box indicating the prescriber's order not to
substitute.
(b) Each batch of controlled substance prescription forms shall
have the lot number printed on the form and each form within that
batch shall be numbered sequentially beginning with the numeral one.
(c) (1) A prescriber designated by a licensed health care facility
may order controlled substance prescription forms for use by
prescribers when treating patients in that facility without the
information required in paragraph (9) of subdivision (a).
(2) Forms ordered pursuant to this subdivision shall have the
name, category of licensure, license number, and federal controlled
substance registration number of the designated prescriber and the
name, address, category of licensure, and license number of the
licensed health care facility preprinted on the form.
(3) Forms ordered pursuant to this section shall not be valid
prescriptions without the name, category of licensure, license
number, and federal controlled substance registration number of the
prescriber on the form.
(4) (A) The designated prescriber shall maintain a record of the
prescribers to whom controlled substance prescription forms are
issued.
(B) The record shall include the name, category of licensure,
license number, federal controlled substance registration number, and
the quantity of controlled substance prescription forms issued to
each prescriber; the record shall be maintained in the health
facility for three years.
(d) This section shall become operative on July 1, 2004.
SEC. 10. Section 11162.6 is added to the Health and Safety Code,
to read:
11162.6. (a) Every person who counterfeits a controlled substance
prescription form shall be guilty of a misdemeanor punishable by
imprisonment in a county jail for not more than one year, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(b) Every person who knowingly possesses a counterfeited
controlled substance prescription form shall be guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
six months, by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.
(c) Every person who attempts to obtain or obtains a controlled
substance prescription form under false pretenses shall be guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
(d) Every person who fraudulently produces controlled substance
prescription forms shall be guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, by a fine not
exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(e) This section shall become operative on July 1, 2004.
SEC. 11. Section 11164 of the Health and Safety Code is amended to
read:
11164. Except as provided in Section 11167, no person shall
prescribe a controlled substance, nor shall any person fill,
compound, or dispense a prescription for a controlled substance
unless it complies with the requirements of this section.
(a) The signature on each prescription for a controlled substance
classified in Schedule II shall be wholly written in ink in the
handwriting of the prescriber upon the official prescription form
issued by the Department of Justice. Each prescription shall be
prepared in triplicate, signed by the prescriber, and shall contain,
either typewritten or handwritten by the prescriber or his or her
employee, the date, name, and address of the person for whom the
controlled substance is prescribed, the name, quantity, and strength
of the controlled substance prescribed, directions for use, and the
address, category of professional licensure, and the federal
controlled substance registration number of the prescriber. The
original and duplicate of the prescription shall be delivered to the
pharmacist filling the prescription. The duplicate shall be retained
by the pharmacist and the original, properly endorsed by the
pharmacist with the name and address of the pharmacy, the pharmacy's
state license number, the date the prescription was filled and the
signature of the pharmacist, shall be transmitted to the Department
of Justice at the end of the month in which the prescription was
filled. Upon receipt of an incompletely prepared official
prescription form of the Department of Justice, the pharmacist may
enter on the face of the prescription the address of the patient. A
pharmacist may fill a prescription for a controlled substance
classified in Schedule II containing an error or errors, if the
pharmacist notifies the prescriber of the error or errors and the
prescriber approves any correction. The prescriber shall fax or mail
a corrected prescription to the pharmacist within seven days of the
prescription being dispensed.
(b) Each prescription for a controlled substance classified in
Schedule III, IV, or V, except as authorized by subdivision (c),
shall be subject to the following requirements:
(1) The prescription shall be signed and dated by the prescriber
and shall contain the name of the person for whom the controlled
substance is prescribed, the name and quantity of the controlled
substance prescribed, and directions for use. With respect to
prescriptions for controlled substances classified in Schedules III
and IV, the signature and date shall be wholly written in ink in the
handwriting of the prescriber.
(2) In addition, the prescription shall contain the name, address,
telephone number, category of professional licensure, and federal
controlled substance registration number of the prescriber. The
information required by this paragraph shall be either preprinted
upon the prescription blank, typewritten, rubber stamped, or printed
by hand. Notwithstanding any provision in this section, the
prescriber's address, telephone number, category of professional
licensure, or federal controlled substances registration number need
not appear on the prescription if that information is readily
retrievable in the pharmacy.
(3) The prescription shall also contain the address of the person
for whom the controlled substance is prescribed. If the prescriber
does not specify this address on the prescription, the pharmacist
filling the prescription or an employee acting under the direction
of the pharmacist shall
write or type the address on the prescription or maintain this
information in a readily retrievable form in the pharmacy.
(c) Any controlled substance classified in Schedule III, IV, or V
may be dispensed upon an oral or electronically transmitted
prescription, which shall be reduced to writing by the pharmacist
filling the prescription or by any other person expressly authorized
by provisions of the Business and Professions Code. The date of
issue of the prescription and all the information required for a
written prescription by subdivision (b) shall be included in the
written record of the prescription. The pharmacist need not reduce
to writing the address, telephone number, license classification, or
federal registry number of the prescriber or the address of the
patient if that information is readily retrievable in the pharmacy.
Pursuant to authorization of the prescriber, any employee of the
prescriber on behalf of the prescriber may orally or electronically
transmit a prescription for a controlled substance classified in
Schedule III, IV, or V, if in these cases the written record of the
prescription required by this subdivision specifies the name of the
employee of the prescriber transmitting the prescription.
(d) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(e) Notwithstanding any provision of subdivisions (b) and (c),
prescriptions for a controlled substance classified in Schedule V may
be for more than one person in the same family with the same medical
need.
(f) In addition to the prescriber's record required by Section
11190, any practitioner dispensing a controlled substance classified
in Schedule II in accordance with subdivision (b) of Section 11158
shall prepare a written record thereof on the official forms issued
by the Department of Justice, pursuant to Section 11161, and shall
transmit the original to the Department of Justice in accordance with
any rules that the department may adopt for completion and
transmittal of the forms.
(g) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed.
SEC. 12. Section 11164 is added to the Health and Safety Code, to
read:
11164. Except as provided in Section 11167, no person shall
prescribe a controlled substance, nor shall any person fill,
compound, or dispense a prescription for a controlled substance
unless it complies with the requirements of this section.
(a) (1) The signature on each prescription for a controlled
substance classified in Schedule II shall be wholly written in ink in
the handwriting of the prescriber upon the official prescription
form issued by the Department of Justice or on a controlled substance
prescription form that meets the requirements of Section 11162.1.
(2) Each prescription shall be signed by the prescriber and shall
contain, either typewritten or handwritten by the prescriber or his
or her agent, the date, name, and address of the person for whom the
controlled substance is prescribed; the name, quantity, strength, and
directions for use of the controlled substance prescribed; and the
address, category of professional licensure, and federal controlled
substance registration number of the prescriber.
(3) If the prescriber uses an official prescription form issued by
the Department of Justice, the original and duplicate of the
prescription shall be delivered to the pharmacist filling the
prescription; the duplicate shall be retained by the pharmacist and
the original, properly endorsed by the pharmacist with the name and
address of the pharmacy, the pharmacy's state license number, the
date the prescription was filled, and the signature of the
pharmacist, shall be transmitted to the Department of Justice at the
end of the month in which the prescription was filled.
(4) Upon receipt of an incompletely prepared official prescription
form of the Department of Justice, the pharmacist may enter on the
face of the prescription the address of the patient.
(5) A pharmacist may fill a prescription for a controlled
substance classified in Schedule II containing an error or errors, if
the pharmacist notifies the prescriber of the error or errors and
the prescriber approves any correction; the prescriber shall fax or
mail a corrected prescription to the pharmacist within seven days of
the prescription being dispensed.
(b) Each prescription for a controlled substance classified in
Schedule III, IV, or V, except as authorized by subdivision (c),
shall be subject to the following requirements:
(1) The prescription shall be signed and dated by the prescriber
and shall contain the name of the person for whom the controlled
substance is prescribed, the name and quantity of the controlled
substance prescribed, and directions for use. With respect to
prescriptions for controlled substances classified in Schedules III
and IV, the signature and date shall be written in ink in the
handwriting of the prescriber.
(2) (A) In addition, the prescription shall contain the name,
address, telephone number, category of professional licensure, and
federal controlled substance registration number of the prescriber.
(B) The information required by this paragraph shall be either
preprinted upon the prescription blank, typewritten, rubber stamped,
or printed by hand.
(C) Notwithstanding any other provision in this section, the
prescriber's address, telephone number, category of professional
licensure, and federal controlled substances registration number need
not appear on the prescription if that information is readily
retrievable in the pharmacy.
(3) The prescription shall also contain the address of the person
for whom the controlled substance is prescribed; if the prescriber
does not specify this address on the prescription, the pharmacist
filling the prescription or an agent acting under the direction of
the pharmacist shall write or type the address on the prescription or
maintain this information in a readily retrievable form in the
pharmacy.
(c) (1) Any controlled substance classified in Schedule III, IV,
or V may be dispensed upon an oral or electronically transmitted
prescription, which shall be produced in hard copy form and signed
and dated by the pharmacist filling the prescription or by any other
person expressly authorized by provisions of the Business and
Professions Code.
(2) The date of issue of the prescription and all the information
required for a written prescription by subdivision (b) shall be
included in the written record of the prescription; the pharmacist
need not include the address, telephone number, license
classification, or federal registry number of the prescriber or the
address of the patient, if that information is readily retrievable in
the pharmacy.
(3) Pursuant to an authorization of the prescriber, any agent of
the prescriber on behalf of the prescriber may orally or
electronically transmit a prescription for a controlled substance
classified in Schedule III, IV, or V, if in these cases the hard copy
record of the prescription required by this subdivision specifies
the name of the agent of the prescriber transmitting the
prescription.
(d) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(e) Notwithstanding subdivisions (b) and (c), prescriptions for a
controlled substance classified in Schedule V may be for more than
one person in the same family with the same medical need.
(f) This section shall become operative on July 1, 2004, and shall
remain in effect only until January 1, 2005, and as of that date is
repealed.
SEC. 13. Section 11164 is added to the Health and Safety Code, to
read:
11164. Except as provided in Section 11167, no person shall
prescribe a controlled substance, nor shall any person fill,
compound, or dispense a prescription for a controlled substance,
unless it complies with the requirements of this section.
(a) Each prescription for a controlled substance classified in
Schedule II, III, IV, or V, except as authorized by subdivision (b),
shall be made on a controlled substance prescription form as
specified in Section 11162.1 and shall meet the following
requirements:
(1) The prescription shall be signed and dated by the prescriber
in ink and shall contain the prescriber's address and telephone
number; the name of the person for whom the controlled substance is
prescribed; and the name, quantity, strength, and directions for use
of the controlled substance prescribed.
(2) The prescription shall also contain the address of the person
for whom the controlled substance is prescribed. If the prescriber
does not specify this address on the prescription, the pharmacist
filling the prescription or an employee acting under the direction of
the pharmacist shall write or type the address on the prescription
or maintain this information in a readily retrievable form in the
pharmacy.
(b) (1) Any controlled substance classified in Schedule III, IV,
or V may be dispensed upon an oral or electronically transmitted
prescription, which shall be produced in hard copy form and signed
and dated by the pharmacist filling the prescription or by any other
person expressly authorized by provisions of the Business and
Professions Code.
(2) The date of issue of the prescription and all the information
required for a written prescription by subdivision (a) shall be
included in the written record of the prescription; the pharmacist
need not include the address, telephone number, license
classification, or federal registry number of the prescriber or the
address of the patient on the hard copy, if that information is
readily retrievable in the pharmacy.
(3) Pursuant to an authorization of the prescriber, any agent of
the prescriber on behalf of the prescriber may orally or
electronically transmit a prescription for a controlled substance
classified in Schedule III, IV, or V, if in these cases the written
record of the prescription required by this subdivision specifies the
name of the agent of the prescriber transmitting the prescription.
(c) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(d) Notwithstanding any provision of subdivisions (a) and (b),
prescriptions for a controlled substance classified in Schedule V may
be for more than one person in the same family with the same medical
need.
(e) This section shall become operative on January 1, 2005.
SEC. 14. Section 11164.1 is added to the Health and Safety Code,
to read:
11164.1. (a) (1) Notwithstanding any other provision of law, a
prescription for a controlled substance issued by a prescriber in
another state for delivery to a patient in another state may be
dispensed by a California pharmacy, if the prescription conforms with
the requirements for controlled substance prescriptions in the state
in which the controlled substance was prescribed.
(2) All prescriptions for Schedule II controlled substances
dispensed pursuant to this subdivision shall be reported by the
dispensing pharmacy to the Department of Justice in the manner
prescribed by subdivision (d) of Section 11165.
(b) Pharmacies may dispense prescriptions for Schedule III,
Schedule IV, and Schedule V controlled substances from out-of-state
prescribers pursuant to Section 4005 of the Business and Professions
Code and Section 1717 of Title 16 of the California Code of
Regulations.
(c) This section shall become operative on January 1, 2004, and
shall remain in effect only until January 1, 2005, and as of that
date is repealed.
SEC. 15. Section 11164.1 is added to the Health and Safety Code,
to read:
11164.1. (a) (1) Notwithstanding any other provision of law, a
prescription for a controlled substance issued by a prescriber in
another state for delivery to a patient in another state may be
dispensed by a California pharmacy, if the prescription conforms with
the requirements for controlled substance prescriptions in the state
in which the controlled substance was prescribed.
(2) All prescriptions for Schedule II and Schedule III controlled
substances dispensed pursuant to this subdivision shall be reported
by the dispensing pharmacy to the Department of Justice in the manner
prescribed by subdivision (d) of Section 11165.
(b) Pharmacies may dispense prescriptions for Schedule III,
Schedule IV, and Schedule V controlled substances from out-of-state
prescribers pursuant to Section 4005 of the Business and Professions
Code and Section 1717 of Title 16 of the California Code of
Regulations.
(c) This section shall become operative on January 1, 2005.
SEC. 16. 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 and Schedule III controlled substances, and for
statistical analysis, education, and research, the Department of
Justice shall, contingent upon the availability of adequate funds
from the Contingent Fund of the Medical Board of California, the
Pharmacy Board Contingent Fund, the State Dentistry Fund, and the
Osteopathic Medical Board of California Contingent Fund, maintain the
Controlled Substance Utilization Review and Evaluation System
(CURES) for the electronic monitoring of the prescribing and
dispensing of Schedule II and Schedule III controlled substances by
all practitioners authorized to prescribe or dispense these
controlled substances.
(b) The reporting of Schedule III controlled substance
prescriptions to CURES shall be contingent upon the availability of
adequate funds from the Department of Justice. The Department of
Justice may seek and use grant funds to pay the costs incurred from
the reporting of controlled substance prescriptions to CURES. Funds
shall not be appropriated from the Contingent Fund of the Medical
Board of California, the Pharmacy Board Contingent Fund, the State
Dentistry Fund, or the Osteopathic Medical Board of California
Contingent Fund to pay the costs of reporting Schedule III 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 controlled substance,
the dispensing pharmacy shall provide the following information to
the Department of Justice in a frequency and format specified by the
Department of Justice:
(1) Full name, address, gender, and date of birth of the patient.
(2) The prescriber's category of licensure and license number;
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) NDC (National Drug Code) number of the controlled substance
dispensed.
(5) Quantity of the controlled substance dispensed.
(6) ICD-9 (diagnosis code), if available.
(7) Date of issue of the prescription.
(8) Date of dispensing of the prescription.
(e) This section shall remain in effect only until January 1,
2005, and as of that date is repealed.
SEC. 16.5. 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 and Schedule III controlled substances, and for
statistical analysis, education, and research, the Department of
Justice shall, contingent upon the availability of adequate funds
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, and the Osteopathic Medical Board of
California Contingent Fund, maintain the Controlled Substance
Utilization Review and Evaluation System (CURES) for the electronic
monitoring of the prescribing and dispensing of Schedule II and
Schedule III controlled substances by all practitioners authorized to
prescribe or dispense these controlled substances.
(b) The reporting of Schedule III controlled substance
prescriptions to CURES shall be contingent upon the availability of
adequate funds from the Department of Justice. The Department of
Justice may seek and use grant funds to pay the costs incurred from
the reporting of controlled substance prescriptions to CURES. 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, or the
Osteopathic Medical Board of California Contingent Fund to pay the
costs of reporting Schedule III 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 controlled substance,
the dispensing pharmacy shall provide the following information to
the Department of Justice in a frequency and format specified by the
Department of Justice:
(1) Full name, address, gender, and date of birth of the patient.
(2) The prescriber's category of licensure and license number;
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) NDC (National Drug Code) number of the controlled substance
dispensed.
(5) Quantity of the controlled substance dispensed.
(6) ICD-9 (diagnosis code), if available.
(7) Date of issue of the prescription.
(8) Date of dispensing of the prescription.
(e) This section shall remain in effect only until January 1,
2005, and as of that date is repealed.
SEC. 17. Section 11165 is added to the Health and Safety Code, to
read:
11165. (a) To assist law enforcement and regulatory agencies in
their efforts to control the diversion and resultant abuse of
Schedule II and Schedule III controlled substances, and for
statistical analysis, education, and research, the Department of
Justice shall, contingent upon the availability of adequate funds
from the Contingent Fund of the Medical Board of California, the
Pharmacy Board Contingent Fund, the State Dentistry Fund, and the
Osteopathic Medical Board of California Contingent Fund, maintain the
Controlled Substance Utilization Review and Evaluation System
(CURES) for the electronic monitoring of the prescribing and
dispensing of Schedule II and Schedule III controlled substances by
all practitioners authorized to prescribe or dispense these
controlled substances.
(b) The reporting of Schedule III controlled substance
prescriptions to CURES shall be contingent upon the availability of
adequate funds from the Department of Justice. The Department of
Justice may seek and use grant funds to pay the costs incurred from
the reporting of controlled substance prescriptions to CURES. Funds
shall not be appropriated from the Contingent Fund of the Medical
Board of California, the Pharmacy Board Contingent Fund, the State
Dentistry Fund, or the Osteopathic Medical Board of California
Contingent Fund to pay the costs of reporting Schedule III 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 or Schedule III
controlled substance, the dispensing pharmacy shall provide the
following information to the Department of Justice in a frequency and
format specified by the Department of Justice:
(1) Full name, address, gender, and date of birth of the patient.
(2) The prescriber's category of licensure and license number;
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) NDC (National Drug Code) number of the controlled substance
dispensed.
(5) Quantity of the controlled substance dispensed.
(6) ICD-9 (diagnosis code), if available.
(7) Date of issue of the prescription.
(8) Date of dispensing of the prescription.
(e) This section shall become operative on January 1, 2005.
SEC. 17.5. Section 11165 is added to the Health and Safety Code,
to read:
11165. (a) To assist law enforcement and regulatory agencies in
their efforts to control the diversion and resultant abuse of
Schedule II and Schedule III controlled substances, and for
statistical analysis, education, and research, the Department of
Justice shall, contingent upon the availability of adequate funds
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, and the Osteopathic Medical Board of
California Contingent Fund, maintain the Controlled Substance
Utilization Review and Evaluation System (CURES) for the electronic
monitoring of the prescribing and dispensing of Schedule II and
Schedule III controlled substances by all practitioners authorized to
prescribe or dispense these controlled substances.
(b) The reporting of Schedule III controlled substance
prescriptions to CURES shall be contingent upon the availability of
adequate funds from the Department of Justice. The Department of
Justice may seek and use grant funds to pay the costs incurred from
the reporting of controlled substance prescriptions to CURES. 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, or the
Osteopathic Medical Board of California Contingent Fund to pay the
costs of reporting Schedule III 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 or Schedule III
controlled substance, the dispensing pharmacy shall provide the
following information to the Department of Justice in a frequency and
format specified by the Department of Justice:
(1) Full name, address, gender, and date of birth of the patient.
(2) The prescriber's category of licensure and license number;
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) NDC (National Drug Code) number of the controlled substance
dispensed.
(5) Quantity of the controlled substance dispensed.
(6) ICD-9 (diagnosis code), if available.
(7) Date of issue of the prescription.
(8) Date of dispensing of the prescription.
(e) This section shall become operative on January 1, 2005.
SEC. 18. Section 11165.1 of the Health and Safety Code is amended
to read:
11165.1. (a) (1) A licensed health care practitioner eligible to
prescribe Schedule II or Schedule III controlled substances or a
pharmacist may make
a written request for, and the Department of Justice may release to
that practitioner or pharmacist, the history of controlled substances
dispensed to an individual under his or her care based on data
contained in CURES.
(2) 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.
(b) In order to prevent the inappropriate, improper, or illegal
use of Schedule II or Schedule III 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.
(c) The history of controlled substances dispensed to an
individual based on data contained in CURES that is received by a
practitioner or pharmacist 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.
SEC. 19. Section 11166 of the Health and Safety Code is amended to
read:
11166. No person shall fill a prescription for a controlled
substance after six months has elapsed from the date written on the
prescription by the prescriber. No person shall knowingly fill a
mutilated or forged or altered prescription for a controlled
substance except for the addition of the address of the person for
whom the controlled substance is prescribed as provided by paragraph
(3) of subdivision (b) of Section 11164.
SEC. 20. Section 11167 of the Health and Safety Code is amended to
read:
11167. Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to issue a prescription may result in the
loss of life or intense suffering, an order for a Schedule II
controlled substance may be dispensed on an oral, written, or
electronic data transmission order, subject to all of the following
requirements:
(a) The order contains all of the information required by
subdivision (a) of Section 11164.
(b) Any written order is signed and dated by the prescriber in
indelible pencil or ink, and the pharmacy reduces any oral or
electronic data transmission order to writing prior to actually
dispensing the controlled substance.
(c) The prescriber provides a triplicate prescription, completed
as provided by subdivision (a) of Section 11164, by the seventh day
following the transmission of the initial order; a postmark by the
seventh day following transmission of the initial order shall
constitute compliance.
(d) If the prescriber fails to comply with subdivision (c), the
pharmacy shall so notify the Bureau of Narcotic Enforcement in
writing within 144 hours of the prescriber's failure to do so and
shall make and retain a written, readily retrievable record of the
prescription, including the date and method of notification of the
Bureau of Narcotic Enforcement.
(e) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed.
SEC. 21. Section 11167 is added to the Health and Safety Code, to
read:
11167. Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to issue a prescription may result in the
loss of life or intense suffering, an order for a Schedule II
controlled substance may be dispensed on an oral, written, or
electronic data transmission order, subject to all of the following
requirements:
(a) The order contains all of the information required by
subdivision (a) of Section 11164.
(b) Any written order is signed and dated by the prescriber in
ink, and the pharmacy reduces any oral or electronic data
transmission order to hard copy form prior to dispensing the
controlled substance.
(c) The prescriber provides a written prescription on a triplicate
prescription form or a controlled substance prescription form that
meets the requirements of Section 11162.1, by the seventh day
following the transmission of the initial order; a postmark by the
seventh day following transmission of the initial order shall
constitute compliance.
(d) If the prescriber fails to comply with subdivision (c), the
pharmacy shall so notify the Bureau of Narcotic Enforcement in
writing within 144 hours of the prescriber's failure to do so and
shall make and retain a hard copy, readily retrievable record of the
prescription, including the date and method of notification of the
Bureau of Narcotic Enforcement.
(e) This section shall become operative on July 1, 2004, and shall
remain in effect until January 1, 2005, at which time it is
repealed.
SEC. 22. Section 11167 is added to the Health and Safety Code, to
read:
11167. Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to issue a prescription may result in loss of
life or intense suffering, an order for a controlled substance may
be dispensed on an oral order, an electronic data transmission order,
or a written order not made on a controlled substance form as
specified in Section 11162.1, subject to all of the following
requirements:
(a) The order contains all information required by subdivision (a)
of Section 11164.
(b) Any written order is signed and dated by the prescriber in
ink, and the pharmacy reduces any oral or electronic data
transmission order to hard copy form prior to dispensing the
controlled substance.
(c) The prescriber provides a written prescription on a controlled
substance prescription form that meets the requirements of Section
11162.1, by the seventh day following the transmission of the initial
order; a postmark by the seventh day following transmission of the
initial order shall constitute compliance.
(d) If the prescriber fails to comply with subdivision (c), the
pharmacy shall so notify the Bureau of Narcotic Enforcement in
writing within 144 hours of the prescriber's failure to do so and
shall make and retain a hard copy, readily retrievable record of the
prescription, including the date and method of notification of the
Bureau of Narcotic Enforcement.
(e) This section shall become operative on January 1, 2005.
SEC. 23. Section 11167.5 of the Health and Safety Code is amended
to read:
11167.5. (a) An order for a controlled substance classified in
Schedule II in a licensed skilled nursing facility, an intermediate
care facility, or a licensed home health agency providing hospice
care may be dispensed upon an oral or electronically transmitted
prescription. Prior to filling the prescription, the pharmacist
shall reduce it to writing in ink or indelible pencil in the
handwriting of the pharmacist upon an official prescription form
issued by the Department of Justice for that purpose. The
prescriptions shall be prepared in triplicate and shall contain the
date the prescription was orally or electronically transmitted by the
prescriber, the name of the person for whom the prescription was
authorized, the name and address of the licensed facility or home
health agency providing hospice care in which that person is a
patient, the name and quantity of the controlled substance
prescribed, the directions for use, and the name, address, category
of professional licensure, and federal controlled substance
registration number of the prescriber. The duplicate shall be
retained by the pharmacist, and the triplicate shall be forwarded to
the prescriber by the end of the month in which the prescription was
issued. The original shall be properly endorsed by the pharmacist
with the pharmacy's state license number, the signature of the
pharmacist, the name and address of the pharmacy, and the signature
of the person who received the controlled substance for the licensed
facility or home health agency providing hospice care and shall be
forwarded by the pharmacist to the Department of Justice at the end
of the month in which the prescription was filled. A skilled nursing
facility, intermediate care facility, or licensed home health agency
providing hospice care shall forward to the dispensing pharmacist a
copy of any signed telephone order, chart order, or related
documentation substantiating each oral or electronically transmitted
prescription transaction under this section.
(b) For the purposes of this section, "hospice care" means
interdisciplinary health care which is designed to alleviate the
physical, emotional, social, and spiritual discomforts of an
individual who is experiencing the last phases of a terminal disease
and to provide supportive care for the primary care person and the
family of the patient under hospice care.
(c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed.
SEC. 24. Section 11167.5 is added to the Health and Safety Code,
to read:
11167.5. (a) An order for a controlled substance classified in
Schedule II for a patient of a licensed skilled nursing facility, a
licensed intermediate care facility, a licensed home health agency,
or a licensed hospice may be dispensed upon an oral or electronically
transmitted prescription. If the prescription is transmitted
orally, the pharmacist shall, prior to filling the prescription,
reduce the prescription to writing in ink in the handwriting of the
pharmacist on a form developed by the pharmacy for this purpose. If
the prescription is transmitted electronically, the pharmacist shall,
prior to filling the prescription, produce, sign, and date a hard
copy prescription. The prescriptions shall contain the date the
prescription was orally or electronically transmitted by the
prescriber, the name of the person for whom the prescription was
authorized, the name and address of the licensed skilled nursing
facility, licensed intermediate care facility, licensed home health
agency, or licensed hospice in which that person is a patient, the
name and quantity of the controlled substance prescribed, the
directions for use, and the name, address, category of professional
licensure, license number, and federal controlled substance
registration number of the prescriber. The original shall be
properly endorsed by the pharmacist with the pharmacy's state license
number, the name and address of the pharmacy, and the signature of
the person who received the controlled substances for the licensed
skilled nursing facility, licensed intermediate care facility,
licensed home health agency, or licensed hospice. A licensed skilled
nursing facility, a licensed intermediate care facility, a licensed
home health agency, or a licensed hospice shall forward to the
dispensing pharmacist a copy of any signed telephone orders, chart
orders, or related documentation substantiating each oral or
electronically transmitted prescription transaction under this
section.
(b) This section shall become operative on July 1, 2004.
SEC. 25. Section 11168 of the Health and Safety Code is amended to
read:
11168. (a) The prescription book containing the prescriber's
copies of prescriptions issued shall be retained by the prescriber
which shall be preserved for three years.
(b) This section shall remain in effect only until January 1,
2008, and as of that date is repealed.
SEC. 26. Section 11169 of the Health and Safety Code is amended to
read:
11169. (a) When codeine, or dihydrocodeinone or tincture opii
camphorata (paregoric) is not combined with other medicinal
ingredients, it shall be prescribed on the official triplicate
blanks.
(b) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed.
SEC. 27. Section 11190 of the Health and Safety Code is amended to
read:
11190. Every practitioner, other than a pharmacist, who issues a
prescription, or dispenses or administers a controlled substance
classified in Schedule II shall make a record that, as to the
transaction, shows all of the following:
(a) The name and address of the patient.
(b) The date.
(c) The character, including the name and strength, and quantity
of controlled substances involved.
The prescriber's record shall show the pathology and purpose for
which the prescription is issued, or the controlled substance
administered, prescribed, or dispensed.
This section shall become inoperative on July 1, 2004, and, as of
January 1, 2005, is repealed.
SEC. 28. Section 11190 is added to the Health and Safety Code, to
read:
11190. (a) Every practitioner, other than a pharmacist, who
prescribes or administers a controlled substance classified in
Schedule II shall make a record that, as to the transaction, shows
all of the following:
(1) The name and address of the patient.
(2) The date.
(3) The character, including the name and strength, and quantity
of controlled substances involved.
(b) The prescriber's record shall show the pathology and purpose
for which the controlled substance is administered or prescribed.
(c) (1) For each prescription for a Schedule II controlled
substance that is dispensed by a prescriber pursuant to Section 4170
of the Business and Professions Code, the prescriber shall record and
maintain the following information:
(A) Full name, address, gender, and date of birth of the patient.
(B) The prescriber's category of licensure and license number;
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.
(C) Pharmacy prescription number, license number, and federal
controlled substance registration number.
(D) NDC (National Drug Code) number of the controlled substance
dispensed.
(E) Quantity of the controlled substance dispensed.
(F) ICD-9 (diagnosis code), if available.
(G) Date of dispensing of the prescription.
(2) Each prescriber that dispenses controlled substances shall
provide the Department of Justice the information required by this
subdivision on a monthly basis in either hard copy or electronic
form.
(d) This section shall become operative on July 1, 2004, and shall
remain in effect only until January 1, 2005, and as of that date is
repealed.
SEC. 29. Section 11190 is added to the Health and Safety Code, to
read:
11190. (a) Every practitioner, other than a pharmacist, who
prescribes or administers a controlled substance classified in
Schedule II shall make a record that, as to the transaction, shows
all of the following:
(1) The name and address of the patient.
(2) The date.
(3) The character, including the name and strength, and quantity
of controlled substances involved.
(b) The prescriber's record shall show the pathology and purpose
for which the controlled substance was administered or prescribed.
(c) (1) For each prescription for a Schedule II or Schedule III
controlled substance that is dispensed by a prescriber pursuant to
Section 4170 of the Business and Professions Code, the prescriber
shall record and maintain the following information:
(A) Full name, address, gender, and date of birth of the patient.
(B) The prescriber's category of licensure and license number;
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.
(C) Pharmacy prescription number, license number, and federal
controlled substance registration number.
(D) NDC (National Drug Code) number of the controlled substance
dispensed.
(E) Quantity of the controlled substance dispensed.
(F) ICD-9 (diagnosis code), if available.
(G) Date of dispensing of the prescription.
(2) Each prescriber that dispenses controlled substances shall
provide the Department of Justice the information required by this
subdivision on a monthly basis in either hard copy or electronic
form.
(d) This section shall become operative on January 1, 2005.
SEC. 30. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 31. Sections 16.5 and 17.5 of this bill incorporate changes
to Section 11165 of the Health and Safety Code proposed by both this
bill and AB 1196. They shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2004, (2)
each bill amends or makes other changes to Section 11165 of the
Health and Safety Code, and (3) this bill is enacted after AB 1196,
in which case Sections 16 and 17 of this bill shall not become
operative.