BILL NUMBER: SB 1782 CHAPTERED 09/29/04 CHAPTER 864 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2004 APPROVED BY GOVERNOR SEPTEMBER 29, 2004 PASSED THE SENATE AUGUST 17, 2004 PASSED THE ASSEMBLY AUGUST 12, 2004 AMENDED IN ASSEMBLY AUGUST 9, 2004 AMENDED IN ASSEMBLY JULY 23, 2004 AMENDED IN ASSEMBLY JUNE 29, 2004 AMENDED IN SENATE MAY 20, 2004 INTRODUCED BY Senator Aanestad FEBRUARY 20, 2004 An act to add Section 11161.5 to the Penal Code, relating to medical crime. LEGISLATIVE COUNSEL'S DIGEST SB 1782, Aanestad. Medical crimes: investigation and prosecution. Existing law provides that a physician and surgeon may prescribe or administer controlled substances to a person in the course of his or her treatment of that person for a diagnosed condition causing intractable pain. Existing law requires the Division of Medical Quality to develop standards for review of cases concerning management of a patient's pain using current authoritative clinical practice guidelines. Existing law provides special procedures to protect the privacy of patient information and other privileged materials in the context of a search of a physician's records, when the physician is not reasonably suspected of involvement in criminal activity relating to those records. This bill would make findings and declarations regarding review of cases involving the prescription of pain medication. This bill would state the intent of the Legislature that the California District Attorneys Association, on or before January 1, 2006, to collaborate with interested parties to develop protocols for the development and implementation of interagency investigations in connection with a physician's prescription of medication to patients. In addition, this bill would specify that the investigation protocol shall be designed to facilitate the timely return of medical records to a physician, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares that, for the past 20 years, medical journals have reported that when physicians fail to manage their patients' pain appropriately it is partially out of fear of criminal prosecution. It is the intent of the Legislature to alleviate this fear by providing for proper review of cases involving the prescription of pain medication before criminal charges are filed. (b) It is the intent of the Legislature to encourage physicians to provide adequate pain management to patients in California consistent with Section 2241.5 of the Business and Professions Code, the Intractable Pain Treatment Act. (c) It is the intent of the Legislature that, where patient records are seized in connection with criminal investigations, physicians should not be prematurely disabled from practicing medicine by not having access to their patient treatment records during those investigations. It is the further intent of the Legislature that, where medical records have been seized in a criminal investigation or prosecution, patients should have access to their medical records through their physicians to continue treatment. SEC. 2. Section 11161.5 is added to the Penal Code, to read: 11161.5. (a) It is the intent of the Legislature that on or before January 1, 2006, the California District Attorneys Association, in conjunction with interested parties, including, but not limited to, the Department of Justice, the California Narcotic Officers' Association, the California Police Chiefs' Association, the California State Sheriffs' Association, the California Medical Association, the American Pain Society, the American Academy of Pain Medicine, the California Society of Anesthesiologists, the California Chapter of the American College of Emergency Physicians, the California Medical Board, the California Orthopedic Association, and other medical and patient advocacy entities specializing in pain control therapies, shall develop protocols for the development and implementation of interagency investigations in connection with a physician's prescription of medication to patients. The protocols are intended to assure the competent review of, and that relevant investigation procedures are followed for, the suspected undertreatment, undermedication, overtreatment, and overmedication of pain cases. Consideration shall be made for the special circumstances of urban and rural communities. The investigation protocol shall be designed to facilitate communication between the medical and law enforcement communities and the timely return of medical records pertaining to the identity, diagnosis, prognosis, or treatment of any patient that are seized by law enforcement from a physician who is suspected of engaging in or having engaged in criminal activity related to the documents. (b) The costs incurred by the California District Attorneys Association in implementing this section shall be solicited and funded from nongovernmental entities.