Amended in Senate March 28, 2014

Senate BillNo. 1039


Introduced by Senator Hernandez

February 18, 2014


An act to amendbegin delete Sectionend deletebegin insert Sections 4052.6, 4059, 4059.5,end insert 4115begin insert, and 4142end insert of, and to add Sections 4119.6 and 4119.7 to, the Business and Professions Code, and to amendbegin delete Sectionend deletebegin insert Sectionsend insert 11150begin insert and 11210end insert of the Health and Safety Code, relating to pharmacies.

LEGISLATIVE COUNSEL’S DIGEST

SB 1039, as amended, Hernandez. Pharmacies: furnishing drugs.

(1) Existing law, the Pharmacy Law, the violation of which is a crime, provides for thebegin delete licensingend deletebegin insert licensureend insert and regulation of pharmacies, pharmacists, intern pharmacists, and pharmacy technicians by the California State Board of Pharmacy. The Pharmacy Law authorizes an intern pharmacist to perform all functions of a pharmacist, and authorizes a pharmacy technician to perform packaging, manipulative, repetitive, or other nondiscretionary tasks, in each case under supervision of a pharmacist, as specified.

This bill would authorize a pharmacy technician to perform packaging, including emergency supply packaging and sealing in or for hospitals, hospital unit inspections, and other physical, manipulative, repetitive, or other nondiscretionary tasks under supervision of a pharmacist, as specified.

begin delete

Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.

end delete

(2) Existing law authorizes a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in a secured emergency pharmaceutical supplies container maintained within the facility in accordance with facility regulations of the State Department of Public Health and other existing law requirements, as specified.

This bill would authorize a pharmacy to furnish a dangerous drug or dangerous device to the emergency medical services system of a licensed general acute care hospital, as defined, for storage in a secured emergency pharmaceutical supplies container maintained within the hospital in accordance with the hospital’s policies and procedures. The bill would require both the hospital and the dispensing pharmacy to maintain records pertaining to the dangerous drugs or dangerous devices furnished to the hospital’s emergency medical services system for at least 3 years. The bill would also authorize a pharmacy to furnish a dangerous drug or dangerous device to a licensed general acute care hospital pursuant to preprinted or electronic standing orders, order sets, and protocols established under the policies and procedures of a licensed general acute care hospital under specified conditions. The bill would require a pharmacist, or a pharmacy technician or an intern pharmacist under the direct supervisionbegin insert and controlend insert of a pharmacist, to inspect the drugs maintained in the hospital at least once per month, and to report any irregularities, as specified.begin insert The bill would also require a hospital to adopt polices and procedures for ensuring proper methods for repackaging and labeling of specified substances.end insert

Because a violation ofbegin delete these provisionsend deletebegin insert certain provisions of the billend insert would be a crime, the bill would create a state-mandated local program.

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(3) Existing law authorizes a pharmacist to write or issue a prescription under specified circumstances, including in a health care facility in accordance with policies, procedures, or protocols developed by health professionals, with the concurrence of the facility administrator, or as part of the care provided by among others, a health care facility, a licensed home health agency, or a physician, in accordance with the policies, procedures, or protocols of that facility, home health agency, or physician.

end delete
begin delete

This bill would authorize a pharmacist recognized by the board as an advanced practice pharmacist to write or issue a prescription when the pharmacist is performing functions within the scope of practice of an advanced practice pharmacist.

end delete
begin insert

(3) Existing law authorizes a pharmacist recognized by the board as an advanced practice pharmacist to perform specified functions, including performing patient assessments.

end insert
begin insert

This bill would also authorize a pharmacist recognized by the board as an advanced practice pharmacist to order patient assessments.

end insert
begin insert

(4) Existing law authorizes a pharmacist to initiate or adjust the drug regimen of a patient under specified circumstances. Existing law authorizes specified practitioners to order a dangerous drug or device and prohibits a person from furnishing a dangerous drug or device, except upon the prescription of those practitioners.

end insert
begin insert

This bill would modify that list of practitioners to include a pharmacist initiating or adjusting the drug regimen of a patient as authorized under existing law and would make related conforming changes.

end insert
begin delete

(4)

end delete

begin insert(5)end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4052.6 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

4052.6.  

(a) A pharmacist recognized by the board as an
4advanced practice pharmacist may do all of the following:

5(1) begin deletePerform end deletebegin insertOrder and perform end insertpatient assessments.

6(2) Order and interpret drug therapy-related tests.

7(3) Refer patients to other health care providers.

8(4) Participate in the evaluation and management of diseases
9and health conditions in collaboration with other health care
10 providers.

11(5) Initiate, adjust, or discontinue drug therapy in the manner
12specified in paragraph (4) of subdivision (a) of Section 4052.2.

13(b) A pharmacist who adjusts or discontinues drug therapy shall
14promptly transmit written notification to the patient’s diagnosing
15prescriber or enter the appropriate information in a patient record
16system shared with the prescriber, as permitted by that prescriber.
17A pharmacist who initiates drug therapy shall promptly transmit
18written notification to, or enter the appropriate information into,
P4    1a patient record system shared with the patient’s primary care
2provider or diagnosing provider, as permitted by that provider.

3(c) This section shall not interfere with a physician’s order to
4dispense a prescription drug as written, or other order of similar
5meaning.

6(d) Prior to initiating or adjusting a controlled substance therapy
7pursuant to this section, a pharmacist shall personally register with
8the federal Drug Enforcement Administration.

9(e) A pharmacist who orders and interprets tests pursuant to
10paragraph (2) of subdivision (a) shall ensure that the ordering of
11those tests is done in coordination with the patient’s primary care
12provider or diagnosing prescriber, as appropriate, including
13promptly transmitting written notification to the patient’s
14diagnosing prescriber or entering the appropriate information in a
15patient record system shared with the prescriber, when available
16and as permitted by that prescriber.

17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4059 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
18amended to read:end insert

19

4059.  

(a) A personbegin delete mayend deletebegin insert shallend insert not furnishbegin delete anyend deletebegin insert aend insert dangerous
20drug, except upon the prescription of a physician, dentist, podiatrist,
21optometrist, veterinarian,begin delete orend delete naturopathic doctor pursuant to Section
223640.7begin insert, or pharmacist pursuant to Section 4052.1, 4052.2, or
234052.6end insert
. A personbegin delete mayend deletebegin insert shallend insert not furnishbegin delete anyend deletebegin insert aend insert dangerous device,
24except upon the prescription of a physician, dentist, podiatrist,
25optometrist, veterinarian,begin delete orend delete naturopathic doctor pursuant to Section
263640.7begin insert, or pharmacist pursuant to Section 4052.1, 4052.2, or
274052.6end insert
.

28(b) This section does not apply to the furnishing ofbegin delete anyend deletebegin insert aend insert
29 dangerous drug or dangerous device by a manufacturer, wholesaler,
30or pharmacy to each other or to a physician, dentist, podiatrist,
31optometrist, veterinarian, or naturopathic doctor pursuant to Section
323640.7, or to a laboratory under sales and purchase records that
33correctly give the date, the names and addresses of the supplier
34and the buyer, the drug or device, and its quantity. This section
35does not apply to the furnishing ofbegin delete anyend deletebegin insert aend insert dangerous device by a
36manufacturer, wholesaler, or pharmacy to a physical therapist
37acting within the scope of his or her license under sales and
38purchase records that correctly provide the date the device is
39provided, the names and addresses of the supplier and the buyer,
40a description of the device, and the quantity supplied.

P5    1(c) A pharmacist, or a person exempted pursuant to Section
24054, may distribute dangerous drugs and dangerous devices
3directly to dialysis patients pursuant to regulations adopted by the
4board. The board shall adopt any regulations as are necessary to
5ensure the safe distribution of these drugs and devices to dialysis
6patients without interruption thereof. A person who violates a
7regulation adopted pursuant to this subdivision shall be liable upon
8order of the board to surrender his or her personal license. These
9penalties shall be in addition to penalties that may be imposed
10pursuant to Section 4301. If the board finds any dialysis drugs or
11devices distributed pursuant to this subdivision to be ineffective
12or unsafe for the intended use, the board may institute immediate
13recall of any or all of the drugs or devices distributed to individual
14patients.

15(d) Home dialysis patients who receive any drugs or devices
16pursuant to subdivision (c) shall have completed a full course of
17home training given by a dialysis center licensed by the State
18Department of Public Health. The physician prescribing the dialysis
19products shall submit proof satisfactory to the manufacturer or
20wholesaler that the patient has completed the program.

21(e) A pharmacist may furnish a dangerous drug authorized for
22use pursuant to Section 2620.3 to a physical therapist. A record
23containing the date, name and address of the buyer, and name and
24quantity of the drug shall be maintained. This subdivision shall
25not be construed to authorize the furnishing of a controlled
26substance.

27(f) A pharmacist may furnish electroneuromyographic needle
28electrodes or hypodermic needles used for the purpose of placing
29wire electrodes for kinesiological electromyographic testing to
30physical therapists who are certified by the Physical Therapy Board
31of California to perform tissue penetration in accordance with
32Section 2620.5.

33(g) Nothing in this section shall be construed as permitting a
34licensed physical therapist to dispense or furnish a dangerous
35device without a prescription of a physician, dentist, podiatrist,
36optometrist, or veterinarianbegin insert, or a pharmacist acting within the
37scope of his or her practiceend insert
.

38(h) A veterinary food-animal drug retailer shall dispense, furnish,
39transfer, or sell veterinary food-animal drugs only to another
40veterinary food-animal drug retailer, a pharmacy, a veterinarian,
P6    1or to a veterinarian’s client pursuant to a prescription from the
2veterinarian for food-producing animals.

3begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4059.5 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended to read:end insert

5

4059.5.  

(a) Except as otherwise provided in this chapter,
6dangerous drugs or dangerous devices may only be ordered by an
7entity licensed by the board and shall be delivered to the licensed
8premises and signed for and received by a pharmacist.begin delete Whereend deletebegin insert Whenend insert
9 a licensee is permitted to operate through a designated
10representative, the designated representative shall sign for and
11receive the delivery.

12(b) A dangerous drug or dangerous device transferred, sold, or
13delivered to a person within this state shall be transferred, sold, or
14delivered only to an entity licensed by the board, to a manufacturer,
15or to an ultimate user or the ultimate user’s agent.

16(c) Notwithstanding subdivisions (a) and (b), deliveries to a
17hospital pharmacy may be made to a central receiving location
18within the hospital. However, the dangerous drugs or dangerous
19devices shall be delivered to the licensed pharmacy premises within
20one working day following receipt by the hospital, and the
21pharmacist on duty at that time shall immediately inventory the
22dangerous drugs or dangerous devices.

23(d) Notwithstanding any otherbegin delete provision ofend delete law, a dangerous
24drug or dangerous device may be ordered by and provided to a
25manufacturer, physician, dentist, podiatrist, optometrist,
26veterinarian, naturopathic doctor pursuant to Section 3640.7,
27begin insert pharmacist pursuant to Section 4052.1, 4052.2, or 4052.6,end insert or
28laboratory, or a physical therapist acting within the scope of his
29or her license. A person or entity receiving delivery of a dangerous
30drug or dangerous device, or a duly authorized representative of
31the person or entity, shall sign for the receipt of the dangerous drug
32or dangerous device.

33(e) A dangerous drug or dangerous device shall not be
34transferred, sold, or delivered to a person outside this state, whether
35foreign or domestic, unless the transferor, seller, or deliverer does
36so in compliance with the laws of this state and of the United States
37and of the state or country to which the dangerous drugs or
38dangerous devices are to be transferred, sold, or delivered.
39Compliance with the laws of this state and the United States and
40of the state or country to which the dangerous drugs or dangerous
P7    1devices are to be delivered shall include, but not be limited to,
2determining that the recipient of the dangerous drugs or dangerous
3devices is authorized by law to receive the dangerous drugs or
4dangerous devices.

5(f) Notwithstanding subdivision (a), a pharmacy may take
6delivery of dangerous drugs and dangerous devices when the
7pharmacy is closed and no pharmacist is on duty if all of the
8following requirements are met:

9(1) The drugs are placed in a secure storage facility in the same
10building as the pharmacy.

11(2) Only the pharmacist-in-charge or a pharmacist designated
12by the pharmacist-in-charge has access to the secure storage facility
13after dangerous drugs or dangerous devices have been delivered.

14(3) The secure storage facility has a means of indicating whether
15it has been entered after dangerous drugs or dangerous devices
16have been delivered.

17(4) The pharmacy maintains written policies and procedures for
18the delivery of dangerous drugs and dangerous devices to a secure
19storage facility.

20(5) The agent delivering dangerous drugs and dangerous devices
21pursuant to this subdivision leaves documents indicating the name
22and amount of each dangerous drug or dangerous device delivered
23in the secure storage facility.

24The pharmacy shall be responsible for the dangerous drugs and
25dangerous devices delivered to the secure storage facility. The
26pharmacy shall also be responsible for obtaining and maintaining
27records relating to the delivery of dangerous drugs and dangerous
28devices to a secure storage facility.

29

begin deleteSECTION 1.end delete
30begin insertSEC. 4.end insert  

Section 4115 of the Business and Professions Code is
31amended to read:

32

4115.  

(a) A pharmacy technician may perform packaging,
33including emergency supply packaging and sealing in or for
34hospitals, hospital unit inspections, and other physical,
35manipulative, repetitive, or other nondiscretionary tasks, only while
36assisting, and while under the direct supervision and control of a
37pharmacist.

38(b) This section does not authorize the performance of any tasks
39specified in subdivision (a) by a pharmacy technician without a
40pharmacist on duty.

P8    1(c) This section does not authorize a pharmacy technician to
2perform any act requiring the exercise of professional judgment
3by a pharmacist.

4(d) The board shall adopt regulations to specify tasks pursuant
5to subdivision (a) that a pharmacy technician may perform under
6the supervision of a pharmacist. Any pharmacy that employs a
7pharmacy technician shall do so in conformity with the regulations
8adopted by the board.

9(e) No person shall act as a pharmacy technician without first
10being licensed by the board as a pharmacy technician.

11(f) (1) A pharmacy with only one pharmacist shall have no
12more than one pharmacy technician performing the tasks specified
13in subdivision (a). The ratio of pharmacy technicians performing
14the tasks specified in subdivision (a) to any additional pharmacist
15shall not exceed 2:1, except that this ratio shall not apply to
16personnel performing clerical functions pursuant to Section 4116
17or 4117. This ratio is applicable to all practice settings, except for
18an inpatient of a licensed health facility, a patient of a licensed
19home health agency, as specified in paragraph (2), an inmate of a
20correctional facility of the Department of Corrections and
21Rehabilitation, and for a person receiving treatment in a facility
22operated by the State Department of State Hospitals, the State
23Department of Developmental Services, or the Department of
24Veterans Affairs.

25(2) The board may adopt regulations establishing the ratio of
26pharmacy technicians performing the tasks specified in subdivision
27(a) to pharmacists applicable to the filling of prescriptions of an
28inpatient of a licensed health facility and for a patient of a licensed
29home health agency. Any ratio established by the board pursuant
30to this subdivision shall allow, at a minimum, at least one pharmacy
31technician for a single pharmacist in a pharmacy and two pharmacy
32technicians for each additional pharmacist, except that this ratio
33shall not apply to personnel performing clerical functions pursuant
34to Section 4116 or 4117.

35(3) A pharmacist scheduled to supervise a second pharmacy
36technician may refuse to supervise a second pharmacy technician
37if the pharmacist determines, in the exercise of his or her
38professional judgment, that permitting the second pharmacy
39technician to be on duty would interfere with the effective
40performance of the pharmacist’s responsibilities under this chapter.
P9    1A pharmacist assigned to supervise a second pharmacy technician
2shall notify the pharmacist in charge in writing of his or her
3determination, specifying the circumstances of concern with respect
4to the pharmacy or the pharmacy technician that have led to the
5determination, within a reasonable period, but not to exceed 24
6hours, after the posting of the relevant schedule. No entity
7employing a pharmacist may discharge, discipline, or otherwise
8discriminate against any pharmacist in the terms and conditions
9of employment for exercising or attempting to exercise in good
10 faith the right established pursuant to this paragraph.

11(g) Notwithstanding subdivisions (a) and (b), the board shall
12by regulation establish conditions to permit the temporary absence
13of a pharmacist for breaks and lunch periods pursuant to Section
14512 of the Labor Code and the orders of the Industrial Welfare
15Commission without closing the pharmacy. During these temporary
16absences, a pharmacy technician may, at the discretion of the
17pharmacist, remain in the pharmacy but may only perform
18nondiscretionary tasks. The pharmacist shall be responsible for a
19pharmacy technician and shall review any task performed by a
20pharmacy technician during the pharmacist’s temporary absence.
21Nothing in this subdivision shall be construed to authorize a
22pharmacist to supervise pharmacy technicians in greater ratios
23than those described in subdivision (f).

24(h) The pharmacist on duty shall be directly responsible for the
25conduct of a pharmacy technician supervised by that pharmacist.

26

begin deleteSEC. 2.end delete
27begin insertSEC. 5.end insert  

Section 4119.6 is added to the Business and Professions
28Code
, to read:

29

4119.6.  

(a) Notwithstanding any other law, a pharmacy may
30furnish a dangerous drug or dangerous device to the emergency
31medical services system of a licensed general acute care hospital,
32as defined in subdivision (a) of Section 1250 of the Health and
33Safety Code, for storage in a secured emergency pharmaceutical
34supplies container maintained within the hospital in accordance
35with the hospital’s policies and procedures. A pharmacy technician
36or intern pharmacist under the direct supervisionbegin insert and control, as
37defined in Section 4023.5,end insert
of a pharmacist may stock, replenish,
38and inspect the hospital’s emergency pharmaceutical supplies
39container.

P10   1(b) Both the hospital and the dispensing pharmacybegin insert acting under
2this sectionend insert
shall maintain records of each request by, and
3dangerous drugs or dangerous devices furnished to, the hospital’s
4emergency medical services system, for at least three years.

5(c) Controlled substances shall be furnished to the hospital’s
6emergency medical services systembegin insert under this sectionend insert in
7accordance with the California Uniform Controlled Substances
8Act (Division 10 (commencing with Section 11000) of the Health
9and Safety Code).

10

begin deleteSEC. 3.end delete
11begin insertSEC. 6.end insert  

Section 4119.7 is added to the Business and Professions
12Code
, to read:

13

4119.7.  

(a) Notwithstanding any other law, a pharmacy may
14furnish a dangerous drug or dangerous device to a licensed general
15acute care hospital, as defined in subdivision (a) of Section 1250
16of the Health and Safety Code, pursuant to preprinted or electronic
17standing orders, order sets, and protocols established under the
18policies and procedures of the hospital, as approved according to
19the policies of the hospital’s governing body, if the order is
20promptly dated, timed, and authenticated in the medical record of
21the patient to whom the dangerous drug or dangerous device is
22dispensed by the ordering practitioner or another practitioner
23responsible for the care of that patient and authorized by the
24hospital’s policies and procedures to write orders.

25(b) The hospital shall store and maintain drugs in accordance
26with national standards regarding the storage area and refrigerator
27or freezer temperature, and otherwise pursuant to the
28manufacturer’s guidelines.

29(c) (1) A pharmacist, pharmacy technician, or an intern
30pharmacist under the direct supervisionbegin insert and control,end insertbegin insert as defined in
31Section 4023.5,end insert
of a pharmacist, shall inspect the drugs maintained
32in the hospital at least once per month. The hospital shall establish
33specific written policies and procedures for inspections pursuant
34to this paragraph.

35(2) The person conducting the inspection pursuant to paragraph
36(1) shall report any irregularities to the director or chief executive
37officer of the hospital, or other person holding an equivalent
38position, and in accordance with the hospital’s policy.

39(d) The hospital shall adopt policies and procedures regarding
40the responsibility forbegin delete assuringend deletebegin insert ensuringend insert proper methods for
P11   1repackaging and labeling of bulk cleaning agents, solvents,
2chemicals, and nondrug hazardous substances used throughout the
3hospital according to state and federal law and standards.

4begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 4142 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
5amended to read:end insert

6

4142.  

Except as otherwise provided by this article, no
7hypodermic needle or syringe shall be sold at retail except upon
8the prescription of a physician, dentist, veterinarian, podiatrist,begin delete orend delete
9 naturopathic doctor pursuant to Section 3640.7begin insert, or pharmacist
10pursuant to Section 4052.1, 4052.2, or 4052.6end insert
.

11

begin deleteSEC. 4.end delete
12begin insertSEC. 8.end insert  

Section 11150 of the Health and Safety Code is
13amended to read:

14

11150.  

No person other than a physician, dentist, podiatrist,
15or veterinarian, or naturopathic doctor acting pursuant to Section
163640.7 of the Business and Professions Code, or pharmacist acting
17within the scope of a project authorized under Article 1
18(commencing with Section 128125) of Chapter 3 of Part 3 of
19Division 107 or within the scope of Section 4052.1, 4052.2, or
204052.6 of the Business and Professions Code, a registered nurse
21acting within the scope of a project authorized under Article 1
22(commencing with Section 128125) of Chapter 3 of Part 3 of
23Division 107, a certified nurse-midwife acting within the scope of
24Section 2746.51 of the Business and Professions Code, a nurse
25practitioner acting within the scope of Section 2836.1 of the
26Business and Professions Code, a physician assistant acting within
27the scope of a project authorized under Article 1 (commencing
28with Section 128125) of Chapter 3 of Part 3 of Division 107 or
29Section 3502.1 of the Business and Professions Code, a
30naturopathic doctor acting within the scope of Section 3640.5 of
31the Business and Professions Code, or an optometrist acting within
32the scope of Section 3041 of the Business and Professions Code,
33or an out-of-state prescriber acting pursuant to Section 4005 of the
34Business and Professions Code shall write or issue a prescription.

35begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 11210 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
36amended to read:end insert

37

11210.  

A physician, surgeon, dentist, veterinarian, naturopathic
38doctor acting pursuant to Section 3640.7 of the Business and
39Professions Code, or podiatrist, or pharmacist acting within the
40scope of a project authorized under Article 1 (commencing with
P12   1Section 128125) of Chapter 3 of Part 3 of Division 107begin insert or within
2the scope of Section 4052.1, 4052.2, or 4052.6 of the Business and
3Professions Codeend insert
, or registered nurse acting within the scope of
4a project authorized under Article 1 (commencing with Section
5128125) of Chapter 3 of Part 3 of Division 107, or physician
6assistant acting within the scope of a project authorized under
7Article 1 (commencing with Section 128125) of Chapter 3 of Part
83 of Division 107, or naturopathic doctor acting within the scope
9of Section 3640.5 of the Business and Professions Code, or an
10optometrist acting within the scope of Section 3041 of the Business
11and Professions Code may prescribe for, furnish to, or administer
12controlled substances to his or her patient when the patient is
13suffering from a disease, ailment, injury, or infirmities attendant
14upon old age, other than addiction to a controlled substance.

15The physician, surgeon, dentist, veterinarian, naturopathic doctor
16acting pursuant to Section 3640.7 of the Business and Professions
17Code, or podiatrist, or pharmacist acting within the scope of a
18project authorized under Article 1 (commencing with Section
19128125) of Chapter 3 of Part 3 of Division 107begin insert or within the scope
20of Section 4052.1, 4052.2, or 4052.6 of the Business and
21Professions Codeend insert
, or registered nurse acting within the scope of
22a project authorized under Article 1 (commencing with Section
23128125) of Chapter 3 of Part 3 of Division 107, or physician
24assistant acting within the scope of a project authorized under
25Article 1 (commencing with Section 128125) of Chapter 3 of Part
263 of Division 107, or naturopathic doctor acting within the scope
27of Section 3640.5 of the Business and Professions Code, or an
28optometrist acting within the scope of Section 3041 of the Business
29and Professions Code shall prescribe, furnish, or administer
30controlled substances only when in good faith he or she believes
31the disease, ailment, injury, or infirmity requires the treatment.

32The physician, surgeon, dentist, veterinarian, or naturopathic
33doctor acting pursuant to Section 3640.7 of the Business and
34Professions Code, or podiatrist, or pharmacist acting within the
35scope of a project authorized under Article 1 (commencing with
36Section 128125) of Chapter 3 of Part 3 of Division 107begin insert or within
37the scope of Section 4052.1, 4052.2, or 4052.6 of the Business and
38Professions Codeend insert
, or registered nurse acting within the scope of
39a project authorized under Article 1 (commencing with Section
40128125) of Chapter 3 of Part 3 of Division 107, or physician
P13   1assistant acting within the scope of a project authorized under
2Article 1 (commencing with Section 128125) of Chapter 3 of Part
33 of Division 107, or a naturopathic doctor acting within the scope
4of Section 3640.5 of the Business and Professions Code, or an
5optometrist acting within the scope of Section 3041 of the Business
6and Professions Code shall prescribe, furnish, or administer
7controlled substances only in the quantity and for the length of
8time as are reasonably necessary.

9

begin deleteSEC. 5.end delete
10begin insertSEC. 10.end insert  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



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