BILL NUMBER: SB 809 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN ASSEMBLY JUNE 26, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE MAY 1, 2013
INTRODUCED BY Senators DeSaulnier and Steinberg
(Coauthors: Senators Hancock, Lieu, Pavley, and Price)
(Coauthor: Assembly Member Blumenfield)
FEBRUARY 22, 2013
An act to add Sections 805.8 208, 209,
and 2196.8 to the Business and Professions Code, and to amend
Sections 11164.1, 11165, and 11165.1 of, and to add Section 11165.4
to, the Health and Safety Code, relating to controlled
substances, and declaring the urgency thereof, to take effect
immediately. substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 809, as amended, DeSaulnier. Controlled substances: reporting.
(1) 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 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
Naturopathic Medicine Committee of the Osteopathic Medical Board of
California, the State Board of Optometry, and the California Board of
Podiatric Medicine to charge practitioners under their supervision
who are authorized to prescribe, order, administer, furnish, or
dispense controlled substances a fee of up to 1.16% of the renewal
fee that the licensee was subject to as of July 1, 2013,
an annual fee of $6 to be assessed on specified licensees,
including licensees authorized to prescribe, order, administer,
furnish, or dispense controlled substances, and require the
regulating agency of each of those licensees to bill and collect that
fee at the time of license renewal. The bill would authorize the
Department of Consumer Affairs to reduce, by regulation, that fee to
the reasonable cost of operating and maintaining CURES for the
purpose of regulating those licensees, if the reasonable regulatory
cost is less than $6 per licensee. The bill would require the
proceeds of which would the fee to be
deposited into the CURES Fund for the support of CURES, as
specified. This bill would also require the California
State Board of Pharmacy to charge wholesalers, nonresident
wholesalers, and veterinary food-animal drug retailers under their
supervision a fee of up to 1.16% of the renewal fee that the
wholesaler, nonresident wholesaler, or veterinary food-animal drug
retailer was subject to as of July 1, 2013, the proceeds of which
would be deposited into the CURES Fund for support of CURES, as
specified. The bill would require each of these fees to be due and
payable at the time the license is renewed and require the fee to be
submitted with the renewal fee. The bill would also permit
specified insurers, health care service plans, and
qualified manufacturers, and other donors to voluntarily
contribute to the CURES Fund, as described.
(2) Existing law requires the Medical Board of California to
periodically develop and disseminate information and educational
materials regarding various subjects, including pain management
techniques, to each licensed physician and surgeon and to each
general acute care hospital in California.
This bill would additionally require the board to periodically
develop and disseminate to each licensed physician and surgeon and to
each general acute care hospital in California information and
educational materials relating to the assessment of a patient's risk
of abusing or diverting controlled substances and information
relating to CURES.
(3) Existing law permits a licensed health care practitioner, as
specified, or a pharmacist to apply to the Department of Justice to
obtain approval to access information stored on the Internet
regarding the controlled substance history of a patient under his or
her care. Existing law also authorizes the Department of Justice to
provide the history of controlled substances dispensed to an
individual to licensed health care practitioners, pharmacists, or
both, providing care or services to the individual.
This bill would require licensed health care
practitioners, require, by January 1, 2016, or upon
receipt of a federal Drug Enforcement Administration
registration, whichever occurs later, health care practitioners
authorized to prescribe, order, administer, furnish, or dispense
controlled substances, as specified, and pharmacists to apply
to the Department of Justice to obtain approval to access information
stored on the Internet regarding the controlled substance history of
a patient under his or her care, and, upon the happening of
specified events, to be strongly encouraged to access and consult
that information prior to prescribing or dispensing Schedule II,
Schedule III, or Schedule IV controlled substances.
their care. The bill would require the Department of Justice, in
conjunction with the Department of Consumer Affairs and certain
licensing boards, to, among other things, develop a streamlined
application and approval process to provide access to the
CURES database for licensed health care practitioners and
pharmacists. The bill would make other related and conforming
changes.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
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 preventive, investigative, and
educational tool for health care providers, regulatory
boards, regulatory agencies, educational
researchers, and law enforcement. Recent budget cuts to the Attorney
General's Division of Law Enforcement have resulted in insufficient
funding to support the CURES and its
Prescription Drug Monitoring Program (PDMP). The CURES
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 800,000 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 serve as a tool for ensuring safe patient care, and which has
proven to be a cost-effective tool to help reduce the misuse, abuse,
and trafficking of those drugs.
(d) The following goals are critical to increase the effectiveness
and functionality of CURES:
(1) Upgrading the CURES PDMP so that it is capable of
accepting real-time updates and is accessible in real-time, 24 hours
a day, seven days a week.
(2) Upgrading all prescription drug monitoring programs
the CURES PDMP in California so that
they are it is capable of operating in
conjunction with all national prescription drug monitoring programs.
(3) Providing subscribers to prescription drug monitoring programs
access to information relating to controlled substances dispensed in
California, including those dispensed through the United States
Department of Veterans Affairs, the Indian Health Service, the
Department of Defense, and any other entity with authority to
dispense controlled substances in California.
(4) Upgrading the CURES PDMP so that it is capable of
accepting the reporting of electronic
prescriptions, prescription data, thereby
enabling more reliable, complete, and timely prescription monitoring.
SEC. 2. Section 805.8 is added to the Business
and Professions Code, to read:
805.8. (a) (1) In addition to the fees charged for licensure,
certification, and renewal, at the time those fees are charged, 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 Naturopathic Medicine Committee of the Osteopathic
Medical Board of California, the State Board of Optometry, and the
California Board of Podiatric Medicine shall charge each licensee
authorized pursuant to Section 11150 of the Health and Safety Code to
prescribe, order, administer, furnish, or dispense Schedule II,
Schedule III, or Schedule IV controlled substances a fee of up to
1.16 percent of the renewal fee that the licensee was subject to as
of July 1, 2013, to be assessed annually. This fee shall be due and
payable at the time the licensee renews his or her license and shall
be submitted with the licensee's renewal fee. In no case shall this
fee exceed the reasonable costs associated with operating and
maintaining CURES for the purpose of regulating prescribers and
dispensers of controlled substances licensed or certificated by these
boards.
(2) In addition to the fees charged for licensure, certification,
and renewal, at the time those fees are charged, the California State
Board of Pharmacy shall charge wholesalers and nonresident
wholesalers of dangerous drugs, licensed pursuant to Article 11
(commencing with Section 4160) of Chapter 9, a fee of up to 1.16
percent of the renewal fee that the wholesaler or nonresident
wholesaler was subject to as of July 1, 2013, to be assessed
annually. This fee shall be due and payable at the time the
wholesaler or nonresident wholesaler renews its license and shall be
submitted with the wholesaler's or nonresident wholesaler's renewal
fee. In no case shall this fee exceed the reasonable costs associated
with operating and maintaining CURES for the purpose of regulating
wholesalers and nonresident wholesalers of dangerous drugs licensed
or certificated by that board.
(3) In addition to the fees charged for licensure, certification,
and renewal, at the time those fees are charged, the California State
Board of Pharmacy shall charge veterinary food-animal drug
retailers, licensed pursuant to Article 15 (commencing with Section
4196) of Chapter 9, a fee of up to 1.16 percent of the renewal fee
that the drug retailer was subject to as of July 1, 2013, to be
assessed annually. This fee shall be due and payable at the time the
drug retailer renews its license and shall be submitted with the drug
retailers' renewal fee. In no case shall this fee exceed the
reasonable costs associated with operating and maintaining CURES for
the purpose of regulating veterinary food-animal drug retailers
licensed or certificated by that board.
(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 Contingent Fund, the Veterinary
Medical Board Contingent Fund, the Board of Registered Nursing Fund,
the Naturopathic Doctor's Fund, 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 shall, upon appropriation by the Legislature, be
available to the Department of Justice solely for operating and
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. 2. Section 208 is added to the
Business and Professions Code , to read:
208. (a) A CURES fee of six dollars ($6) shall be assessed
annually on each of the licensees specified in subdivision (b) to pay
the reasonable costs associated with operating and maintaining CURES
for the purpose of regulating those licensees. The fee assessed
pursuant to this subdivision shall be billed and collected by the
regulating agency of each licensee at the time of the licensee's
license renewal. If the reasonable regulatory cost of operating and
maintaining CURES is less than six dollars ($6) per licensee, the
Department of Consumer Affairs may, by regulation, reduce the fee
established by this section to the reasonable regulatory cost.
(b) (1) Licensees authorized pursuant to Section 11150 of the
Health and Safety Code to prescribe, order, administer, furnish, or
dispense Schedule II, Schedule III, or Schedule IV controlled
substances or pharmacists licensed pursuant to Chapter 9 (commencing
with Section 4000) of Division 2.
(2) Wholesalers and nonresident wholesalers of dangerous drugs
licensed pursuant to Article 11 (commencing with Section 4160) of
Chapter 9 of Division 2.
(3) Nongovernmental clinics licensed pursuant to Article 13
(commencing with Section 4180) and Article 14 (commencing with
Section 4190) of Chapter 9 of Division 2.
(4) Nongovernmental pharmacies licensed pursuant to Article 7
(commencing with Section 4110) of Chapter 9 of Division 2.
(c) The funds collected pursuant to subdivision (a) shall be
deposited in the CURES Fund, which is hereby created within the State
Treasury. Moneys in the CURES Fund shall, upon appropriation by the
Legislature, be available to the Department of Consumer Affairs to
reimburse the Department of Justice for costs to operate and maintain
CURES for the purposes of regulating the licensees specified in
subdivision (b).
(d) The Department of Consumer Affairs shall contract with the
Department of Justice on behalf of 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 Board of the Medical Board of
California, the Osteopathic Medical Board of California, the
Naturopathic Medicine Committee of the Osteopathic Medical Board, the
State Board of Optometry, and the California Board of Podiatric
Medicine to operate and maintain CURES for the purposes of regulating
the licensees specified in subdivision (b).
SEC. 3. Section 209 is added to the
Business and Professions Code , to read:
209. The Department of Justice, in conjunction with the
Department of Consumer Affairs and the boards and committees
identified in subdivision (d) of Section 208, shall do all of the
following:
(a) Identify and implement a streamlined application and approval
process to provide access to the CURES Prescription Drug Monitoring
Program (PDMP) database for licensed health care practitioners
eligible to prescribe Schedule II, Schedule III, or Schedule IV
controlled substances and for pharmacists. Every reasonable effort
shall be made to implement a streamlined application and approval
process that a licensed health care practitioner or pharmacist can
complete at the time that he or she is applying for licensure or
renewing his or her license.
(b) Identify necessary procedures to enable licensed health care
practitioners and pharmacists with access to the CURES PDMP to
delegate their authority to order reports from the CURES PDMP.
(c) Develop a procedure to enable health care practitioners who do
not have a federal Drug Enforcement Administration (DEA) number to
opt out of applying for access to the CURES PDMP.
SEC. 3. SEC. 4. Section 2196.8 is
added to the Business and Professions Code, to read:
2196.8. The board shall periodically develop and disseminate
information and educational material regarding assessing a patient's
risk of abusing or diverting controlled substances and information
relating to the Controlled Substance Utilization Review and
Evaluation System (CURES), described in Section 11165 of the Health
and Safety Code, to each licensed physician and surgeon and to each
general acute care hospital in this state. The board shall consult
with the State Department of Health Care Services
Public Health, the boards and committees
specified in subdivision (d) of Section 208, and the Department
of Justice in developing the materials to be distributed pursuant to
this section.
SEC. 4. SEC. 5. Section 11164.1 of
the Health and Safety Code is amended 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)
( b) All prescriptions for Schedule
II and II, Schedule III
III, and Schedule IV 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
(e) (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. 5. SEC. 6. Section 11165 of the
Health and Safety Code is amended to read:
11165. (a) To assist health care practitioners in their efforts
to ensure appropriate prescribing, ordering, administering,
furnishing, and dispensing of controlled substances, 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 within
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, the
Osteopathic Medical Board of California Contingent Fund, the
Veterinary Medical Board 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, order, administer, furnish, 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 for the
purpose of funding CURES.
(c)
( b) The Department of Justice may seek and
use grant funds to pay the costs incurred by the operation and
maintenance of CURES. The department shall annually report to the
Legislature and make available to the public the amount and source of
funds it receives for support of CURES. 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, the Osteopathic Medical Board of California Contingent Fund,
the Veterinary Medical Board Contingent Fund, the Optometry Fund, or
the Board of Podiatric Medicine Fund, for the purpose of funding
CURES.
(d)
( c) (1) The operation of CURES shall comply
with all applicable federal and state privacy and security laws and
regulations.
(2) 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 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. The Department of Justice may
shall establish policies, procedures, and regulations regarding
the use, access, evaluation, management, implementation, operation,
storage, disclosure, and security of the information
within CURES, consistent with this subdivision.
(e)
( 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, clinic, or other dispenser shall report the following
information to the Department of Justice as soon as reasonably
possible, but not more than seven days after the date a controlled
substance is dispensed, unless monthly reporting is
permitted pursuant to subdivision (f) of Section 11190, 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, licensure, national provider identifier (NPI)
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, NPI 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) or 10th revision (ICD-10) 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.
(f)
( e) The Department of Justice may invite
stakeholders to assist, advise, and make recommendations on the
establishment of rules and regulations necessary to ensure the proper
administration and enforcement of the CURES database. All prescriber
and dispenser invitees shall be licensed by one of the
boards or committees identified in subdivision (a) of
Section 805.8 ( d) of Section 208 of
the Business and Professions Code, in active practice in California,
and a regular user of CURES.
(g)
( f) The Department of Justice shall, prior
to upgrading CURES, consult with prescribers licensed by one of the
boards or committees identified in subdivision (a) of Section
805.8 ( d) of Section 208 of the
Business and Professions Code, one or more of the regulatory
boards or committees identified in subdivision
(a) of Section 805.8 ( d) of Section 208
of the Business and Professions Code, and any other stakeholder
identified by the department, for the purpose of identifying
desirable capabilities and upgrades to the CURES Prescription Drug
Monitoring Program (PDMP) .
(h)
( g) The Department of Justice may establish
a process to educate authorized subscribers of the CURES
PDMP on how to access and use the CURES
PDMP .
(i) 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 purpose of funding CURES. Money in
the CURES Fund shall, upon appropriation by the Legislature, be
available for allocation to the Department of Justice for the purpose
of funding CURES.
SEC. 6. SEC. 7. 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 authorized
to prescribe, order, administer, furnish, or dispense Schedule
II, Schedule III, or Schedule IV controlled substances pursuant
to Section 11150 or a pharmacist shall
shall, before January 1, 2016, or upon receipt of a
federal Drug Enforcement Administration (DEA) registration, whichever
occurs later, submit an application developed by the
Department of Justice to obtain approval to access information online
regarding the controlled substance history of a patient that is
stored on the Internet and maintained within the Department of
Justice, and, upon approval, the department shall release to that
practitioner or pharmacist the electronic history of controlled
substances dispensed to an individual under his or her care based on
data contained in the CURES Prescription Drug Monitoring Program
(PDMP).
(A) An application may be denied, or a subscriber may be
suspended, for reasons which include, but are not limited to, the
following:
(i) Materially falsifying an application for a subscriber.
(ii) Failure to maintain effective controls for access to the
patient activity report.
(iii) Suspended or revoked federal Drug Enforcement
Administration (DEA) DEA registration.
(iv) Any subscriber who is arrested for a violation of law
governing controlled substances or any other law for which the
possession or use of a controlled substance is an element of the
crime.
(v) Any subscriber accessing information for any other reason than
caring for his or her patients.
(B) Any authorized subscriber shall notify the Department of
Justice within 30 days of any changes to the subscriber account.
(2) To allow sufficient time for licensed health care
practitioners eligible to prescribe Schedule II, Schedule III, or
Schedule IV controlled substances and a pharmacist to apply and
receive access to PDMP, a written request may be made, until July 1,
2012, 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) A health care practitioner authorized to prescribe Schedule
II, Schedule III, or Schedule IV controlled substances pursuant to
Section 11150 or a pharmacist shall be deemed to have complied with
paragraph (1) if the licensed health care practitioner or pharmacist
has been approved to access the CURES database through the process
developed pursuant to subdivision (a) of Section 209 of the Business
and Professions Code.
(b) 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.
(c) (1) Until the
Department of Justice has issued the notification described in
paragraph (3), in In order to prevent
the inappropriate, improper, or illegal use of Schedule II, Schedule
III, or Schedule IV 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.
(2) Upon the Department of Justice issuing the notification
described in paragraph (3), licensed health care practitioners
eligible to prescribe Schedule II, Schedule III, or Schedule IV
controlled substances and pharmacists shall be strongly encouraged to
access and consult the electronic history of controlled substances
dispensed to an individual under his or her care prior to prescribing
or dispensing a Schedule II, Schedule III, or Schedule IV controlled
substance.
(3) The Department of Justice shall notify licensed health care
practitioners and pharmacists who have submitted the application
required pursuant to subdivision (a) when the department determines
that CURES is capable of accommodating all users, but not before June
1, 2015. The department shall provide a copy of the notification to
the Secretary of State, the Secretary of the Senate, the Chief Clerk
of the Assembly, and the Legislative Counsel, and shall post the
notification on the department's Internet Web site.
(d) 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.
(e) Information concerning a patient's controlled substance
history provided to a prescriber or pharmacist pursuant to this
section shall include prescriptions for controlled substances listed
in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of
Federal Regulations.
SEC. 7. SEC. 8. Section 11165.4 is
added to the Health and Safety Code, to read:
11165.4. (a) The Department of Justice may seek voluntarily
contributed private funds from insurers, health care service
plans, and qualified manufacturers
manufacturers, and other donors for the purpose of supporting
CURES. Insurers, health care service plans, and
qualified manufacturers manufacturers, and
other donors may contribute by submitting their payment to the
Controller for deposit into the CURES Fund established pursuant to
subdivision (e) of Section 11165. (
c) of Section 208 of the Business and Professions
Code. The department shall make information about the amount
and the source of all private funds it receives for support of CURES
available to the public. Contributions to the CURES Fund pursuant to
this subdivision shall be nondeductible for state tax purposes.
(b) For purposes of this section, the following definitions apply:
(1) "Controlled substance" means a drug, substance, or immediate
precursor listed in any schedule in Section 11055, 11056, or 11057 of
the Health and Safety Code.
(2) "Health care service plan" means an entity licensed pursuant
to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code).
(3) "Insurer" means an admitted insurer writing health insurance,
as defined in Section 106 of the Insurance Code, and an admitted
insurer writing workers' compensation insurance, as defined in
Section 109 of the Insurance Code.
(4) "Qualified manufacturer" means a manufacturer of a controlled
substance, but does not mean a wholesaler or nonresident wholesaler
of dangerous drugs, regulated pursuant to Article 11 (commencing with
Section 4160) of Chapter 9 of Division 2 of the Business and
Professions Code, a veterinary food-animal drug retailer, regulated
pursuant to Article 15 (commencing with Section 4196) of Chapter 9 of
Division 2 of the Business and Professions Code, or an individual
regulated by 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, or the California Board of Podiatric Medicine.
SEC. 8. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to protect the public from the continuing threat of
prescription drug abuse at the earliest possible time, it is
necessary that this act take effect immediately.