SB 410, as introduced, Yee. Health care: controlled substances and dangerous drugs.
Existing law authorizes a physician and surgeon to prescribe for, or dispense or administer to, a person under his or her treatment for a medical condition, drugs or prescription controlled substances for the treatment of pain or a condition causing pain, including intractable pain. Existing law requires the physician and surgeon to exercise reasonable care in determining whether a particular patient or condition, or complexity of the patient’s treatment, including, but not limited to, a current or recent pattern of drug abuse, requires consultation with, or referral to, a more qualified specialist.
This bill would specify that chronic pain is included among the types of pain for which these drugs or substances may be prescribed.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2241.5 of the Business and Professions
2Code is amended to read:
(a) A physician and surgeon may prescribe for, or
4dispense or administer to, a person under his or her treatment for
5a medical condition dangerous drugs or prescription controlled
P2 1substances for the treatment of pain or a condition causing pain,
2including, but not limited to,begin insert chronic pain orend insert intractable pain.
3(b) No physician and surgeon shall be subject to disciplinary
4action for prescribing, dispensing, or administering dangerous
5drugs or prescription controlled substances in accordance with this
6section.
7(c) This section shall not affect the power of
the board to take
8any action described in Section 2227 against a physician and
9surgeon who does any of the following:
10(1) Violates subdivision (b), (c), or (d) of Section 2234 regarding
11gross negligence, repeated negligent acts, or incompetence.
12(2) Violates Section 2241 regarding treatment of an addict.
13(3) Violates Section 2242 regarding performing an appropriate
14prior examination and the existence of a medical indication for
15prescribing, dispensing, or furnishing dangerous drugs.
16(4) Violates Section 2242.1 regarding prescribing on the Internet.
17(5) Fails to keep complete and accurate records of purchases
18and disposals of substances listed in the California Uniform
19Controlled Substances
Act (Division 10 (commencing with Section
2011000) of the Health and Safety Code) or controlled substances
21scheduled in the federal Comprehensive Drug Abuse Prevention
22and Control Act of 1970 (21 U.S.C. Sec. 801 et seq.), or pursuant
23to the federal Comprehensive Drug Abuse Prevention and Control
24Act of 1970. A physician and surgeon shall keep records of his or
25her purchases and disposals of these controlled substances or
26dangerous drugs, including the date of purchase, the date and
27records of the sale or disposal of the drugs by the physician and
28surgeon, the name and address of the person receiving the drugs,
29and the reason for the disposal or the dispensing of the drugs to
30the person, and shall otherwise comply with all state recordkeeping
31requirements for controlled substances.
32(6) Writes false or fictitious prescriptions for controlled
33substances listed in the California Uniform Controlled Substances
34Act or scheduled in the federal
Comprehensive Drug Abuse
35Prevention and Control Act of 1970.
36(7) Prescribes, administers, or dispenses in violation of this
37chapter, or in violation of Chapter 4 (commencing with Section
3811150) or Chapter 5 (commencing with Section 11210) of Division
3910 of the Health and Safety Code.
P3 1(d) A physician and surgeon shall exercise reasonable care in
2determining whether a particular patient or condition, or the
3complexity of a patient’s treatment, including, but not limited to,
4a current or recent pattern of drug abuse, requires consultation
5with, or referral to, a more qualified specialist.
6(e) Nothing in this section shall prohibit the governing body of
7a hospital from taking disciplinary actions against a physician and
8surgeon pursuant to Sections 809.05, 809.4, and 809.5.
CORRECTIONS:
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Corrected 2-21-13—See last page. 99