Amended in Senate March 25, 2014

Senate Bill No. 1258

Introduced by Senator DeSaulnier

February 21, 2014

An act to amend begin delete Section 11165 end delete begin insert Sections 4071 and 4072 of the Business and Professions Code, and to amend Sections 11151, 11158, 11164, 11164.1, 11164.5, 11165, 11165.1, 11165.5, 11166, and 11200 end insert of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1258, as amended, DeSaulnier. Controlled substances: begin insert prescriptions: end insert reporting.

begin insert

(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 specified information regarding prescriptions for Schedule II, Schedule III, and Schedule IV controlled substances, including the ultimate user of the prescribed controlled substance and the National Drug Control number of the controlled substance dispensed, to be reported to the Department of Justice.

end insert begin insert

This bill would additionally require the prescribing and dispensing of Schedule V controlled substances to be monitored in CURES and would require specified information regarding prescriptions for Schedule V controlled substances to be reported to the Department of Justice.

end insert begin insert

(2) Existing law requires licensed health care practitioners, as specified, and pharmacists to apply to the Department of Justice to obtain approval to access information contained in the CURES Prescription Drug Monitoring System (PDMP) regarding the controlled substance history of a patient under his or her care. Existing law requires the Department of Justice, upon approval of that application, to provide to that health care practitioner or pharmacist the history of controlled substances dispensed to an individual under his or her care.

end insert begin insert

This bill would also authorize an individual designated to investigate an applicant for, or a holder of, a professional license to apply to the Department of Justice to obtain approval to access information contained in the CURES PDMP regarding the controlled substance history of an applicant or a licensee for the purpose of investigating the alleged substance abuse of an applicant or a licensee. The bill would, upon approval of that application, require the department to provide to that individual the history of controlled substances dispensed to the applicant or licensee.

end insert begin insert

(3) Existing law generally requires, subject to specified exceptions, that a prescription for Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances be made on a certain controlled substance prescription form and meet several requirements, including that the prescription be signed and dated by the prescriber in ink. Existing law authorizes, as an exception to that requirement, a Schedule III, Schedule IV, or Schedule V controlled substance to be dispensed upon an oral or electronically transmitted prescription, which must be produced in hard copy form and signed and dated by the pharmacist filling the prescription or another authorized person.

end insert begin insert

This bill would instead require, subject to specified exceptions, that a prescription for a controlled substance be made by an electronically transmitted prescription that complies with regulations promulgated by the Drug Enforcement Agency, which, except as specified, must be produced in hard copy form and signed and dated by the pharmacist filling the prescription or another authorized person.

end insert begin insert

(4) Existing law prohibits a prescription for a Schedule II controlled substance from being refilled and prohibits a prescription for a Schedule III or IV controlled substance from being refilled more than 5 times and in an amount, for all refills of that prescription taken together, exceeding a 120-day supply.

end insert begin insert

This bill would prohibit, subject to specified exceptions, a person from prescribing a controlled substance, or filling, compounding, or dispensing a prescription for a controlled substance, in a quantity exceeding a 30 day supply. The bill would also prohibit a person from issuing a prescription for a controlled substance, or from filling, compounding, or dispensing a prescription for a controlled substance, for an ultimate user for whom a previous prescription for a controlled substance was issued within the immediately preceding 30 days until the ultimate user has exhausted all but a 7-day supply of the controlled substance filled, compounded, or dispensed from the previous prescription.

end insert begin delete

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 authorizes the Department of Justice to seek and use grant funds to pay the costs incurred by the operation and maintenance of CURES and requires that the operation of CURES comply with all applicable federal and state privacy and security laws and regulations.

end delete begin delete

This bill would make technical, nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4071 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

4071.  

Notwithstanding any other provision of law, a prescriber
may authorize his or her agent on his or her behalf to orally or
electronically transmit a prescription to the furnisher. The furnisher
shall make a reasonable effort to determine begin delete that end delete begin insert whether end insert the person
who transmits the prescription is authorized to do so and shall
record the name of the authorized agent of the prescriber who
transmits the order.

begin delete

This section shall not apply to orders for Schedule II controlled
substances.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4072 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4072.  

(a) Notwithstanding any other begin delete provision of end delete law, a
pharmacist, registered nurse, licensed vocational nurse, licensed
psychiatric technician, or other healing arts licentiate, if so
authorized by administrative regulation, who is employed by or
serves as a consultant for a licensed skilled nursing, intermediate
care, or other health care facility, may orally or electronically
transmit to the furnisher a prescription lawfully ordered by a person
authorized to prescribe drugs or devices pursuant to Sections 4040
and 4070. The furnisher shall take appropriate steps to determine
begin delete that end delete begin insert whether end insert the person who transmits the prescription is authorized
to do so and shall record the name of the person who transmits the
order. This section begin delete shall end delete begin insert does end insert not apply to begin insert oral end insert orders for Schedule
II controlled substances.

(b) In enacting this section, the Legislature recognizes and
affirms the role of the State Department of Public Health in
regulating drug order processing requirements for licensed health
care facilities as set forth in Title 22 of the California Code of
Regulations as they may be amended from time to time.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 11151 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11151.  

A prescription begin delete written end delete begin insert issued end insert by an unlicensed person
lawfully practicing medicine pursuant to Section 2065 of the
Business and Professions Code, shall be filled only at a pharmacy
maintained in the hospital which employs such unlicensed person.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 11158 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11158.  

(a)  Except as provided in Section begin delete 11159 end delete begin insert 11159,
11159.1, 11159.2, 11167, or 11167.5, end insert or in subdivision (b) of this
section, begin delete no end delete begin insert a end insert controlled substance classified in Schedule II shall
begin insert not end insert be dispensed without a prescription meeting the requirements
of this chapter. Except as provided in Section begin delete 11159 end delete begin insert 11159,
11159.1, 11159.2, 11167, or 11167.5, end insert or when dispensed directly
to an ultimate user by a practitioner, other than a pharmacist or
pharmacy, begin delete no end delete begin insert a end insert controlled substance classified in Schedule III,
IV, or V begin delete may end delete begin insert shall not end insert be dispensed without a prescription meeting
the requirements of this chapter.

(b)  A practitioner specified in Section 11150 may dispense
directly to an ultimate user a controlled substance classified in
Schedule II in an amount not to exceed a 72-hour supply for the
patient in accordance with directions for use given by the
dispensing practitioner only begin delete where end delete begin insert if end insert the patient is not expected to
require any additional amount of the controlled substance beyond
the 72 hours. begin delete Practitioners dispensing drugs pursuant to this
subdivision shall meet the requirements of subdivision (f) of
Section 11164. end delete

(c)  Except as otherwise prohibited or limited by law, a
practitioner specified in Section 11150, may administer controlled
substances in the regular practice of his or her profession.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 11164 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11164.  

Except as provided in Section begin insert 11158, 11159, 11159.1,
11159.2, end insert 11167, begin delete no end delete begin insert or 11167.5, a end insert person shall begin insert not end insert 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.

begin delete

(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:

end delete begin delete

(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 ultimate user or research subject, or
contact information as determined by the Secretary of the United
States Department of Health and Human Services; refill
information, such as the number of refills ordered and whether the
prescription is a first-time request or a refill; and the name,
quantity, strength, and directions for use of the controlled substance
prescribed.

end delete begin delete

(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.

end delete begin delete

(b)

end delete

begin insert (a) end insert  (1)  begin delete Notwithstanding paragraph (1) of subdivision (a) of
Section 11162.1, any end delete begin insert A prescription for a end insert controlled substance
classified in Schedule begin insert II, end insert III, IV, or V begin delete be dispensed upon an oral
or electronically transmitted prescription, end delete begin insert shall be made by an
electronically transmitted prescription that complies with
regulations promulgated by the Drug Enforcement Agency, end insert 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.
Any person who transmits, maintains, or receives any electronically
transmitted prescription shall ensure the security, integrity,
authority, and confidentiality of the prescription.

begin delete

(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.

end delete begin insert

(2) A prescription issued pursuant to this subdivision shall meet
the following requirements:

end insert begin insert

(A) The prescription shall contain the prescriber’s address and
telephone number; the name 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; refill
information, such as the number of refills ordered and whether
the prescription is a first-time request or a refill; and the name,
quantity, strength, and directions for use of the controlled
substance prescribed.

end insert begin insert

(B) The prescription shall 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 include the address on the prescription or
maintain this information in a readily retrievable form in the
pharmacy.

end insert

(3) Pursuant to an authorization of the prescriber, begin delete any end delete begin insert an end insert agent
of the prescriber on behalf of the prescriber may begin delete orally or end delete
electronically transmit a prescription for a controlled substance
classified in Schedule begin insert II, end insert III, IV, or V, if begin delete in these cases the written
record of end delete the prescription begin delete required by this subdivision end delete specifies
the name of the agent of the prescriber transmitting the prescription.

begin insert

(b) (1) A prescription for a controlled substance classified in
Schedule II, III, IV, or V, may be written on a controlled substance
prescription form as specified in Section 11162.1, or for a
controlled substance classified in Schedule III, IV, or V, may be
made orally, if technological failure prevents the electronic
transmission of a prescription pursuant to subdivision (a) or if the
prescription will be filled by a pharmacist located outside of
California, provided that the order contains all information
required by subdivision (a) and, if the prescription is written on
a controlled substance prescription form, is signed and dated by
the prescriber in ink.

end insert begin insert

(2) If a prescriber is permitted to make an oral prescription
pursuant to this section, pursuant to an authorization of the
prescriber, an agent of the prescriber on behalf of the prescriber
may orally transmit a prescription for a controlled substance
classified in Schedule II, III, IV, or V, if the written record of the
prescription specifies the name of the agent of the prescriber
transmitting the prescription.

end insert

(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.

begin delete

(e) This section shall become operative on January 1, 2005.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 11164.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11164.1.  

(a) (1) Notwithstanding any other begin delete provision of end delete 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, Schedule III, begin delete and end delete Schedule
begin delete IV end delete begin insert IV, and Schedule V end insert 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.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 11164.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11164.5.  

(a)   begin delete Notwithstanding Section 11164, with the approval
of the California State Board of Pharmacy and the Department of
Justice, a end delete begin insert A end insert pharmacy or hospital begin delete may end delete begin insert shall end insert receive electronic data
transmission prescriptions or computer entry prescriptions or orders
as specified in Section 4071.1 of the Business and Professions
Code, for controlled substances in Schedule II, III, IV, or V begin delete if
authorized by federal law and end delete in accordance with regulations
promulgated by the Drug Enforcement Administration. begin delete The
California State Board of Pharmacy shall maintain a list of all
requests and approvals granted pursuant to this subdivision. end delete

(b)  Notwithstanding begin insert paragraph (1) of subdivision (a) of end insert Section
11164, begin delete if approved pursuant to subdivision (a), end delete a pharmacy or
hospital receiving an electronic transmission prescription or a
computer entry prescription or order for a controlled substance
classified in Schedule II, III, IV, or V begin delete shall end delete begin insert is end insert not begin delete be end delete required to
reduce that prescription or order to writing or to hard copy form,
if for three years from the last day of dispensing that prescription,
the pharmacy or hospital is able, upon request of the board or the
Department of Justice, to immediately produce a hard copy report
that includes for each date of dispensing of a controlled substance
in Schedules II, III, IV, and V pursuant to the prescription all of
the information described in subparagraphs (A) to (E), inclusive,
of paragraph (1) of subdivision (a) of Section 4040 of the Business
and Professions Code and the name or identifier of the pharmacist
who dispensed the controlled substance.

(c)   begin delete Notwithstanding Section 11164, if end delete begin insert If end insert only recorded and
stored electronically, on magnetic media, or in any other
computerized form, the pharmacy’s or hospital’s computer system
shall not permit the received information or the controlled
substance dispensing information required by this section to be
changed, obliterated, destroyed, or disposed of, for the record
maintenance period required by law, once the information has been
received by the pharmacy or the hospital and once the controlled
substance has been dispensed, respectively. Once the controlled
substance has been dispensed, if the previously created record is
determined to be incorrect, a correcting addition may be made
only by or with the approval of a pharmacist. After a pharmacist
enters the change or enters his or her approval of the change into
the computer, the resulting record shall include the correcting
addition and the date it was made to the record, the identity of the
person or pharmacist making the correction, and the identity of
the pharmacist approving the correction.

(d)  Nothing in this section shall be construed to exempt any
pharmacy or hospital dispensing Schedule II controlled substances
pursuant to electronic transmission prescriptions from existing
reporting requirements.

begin delete SECTION 1. end delete
begin insert SEC. 8. end insert   

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, begin delete and end delete
Schedule begin delete IV end delete begin insert IV, and Schedule V end insert controlled substances, and for
statistical analysis, education, and research, the Department of
Justice shall, contingent upon the availability of adequate funds
in 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, begin delete and end delete
Schedule begin delete IV end delete begin insert IV, and Schedule V end insert controlled substances by all
practitioners authorized to prescribe, order, administer, furnish, or
dispense these controlled substances.

(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 the support of CURES.

(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 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 an individual or agency as described in this subdivision
shall not be disclosed, sold, or transferred to a third party. The
Department of Justice 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.

(d) For each prescription for a Schedule II, Schedule III, begin delete or end delete
Schedule begin delete IV end delete begin insert IV, or Schedule V end insert controlled substance, as defined in
the controlled substances schedules in federal law and regulations,
specifically Sections 1308.12, 1308.13, begin delete and end delete 1308.14, begin insert and 1308.15, end insert
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, in a format specified by the
Department of Justice:

(1) Full name, address, and, if available, 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, license number,
national provider identifier (NPI) number, if applicable, 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.

(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 (d) of Section 208 of the Business and
Professions Code, in active practice in California, and a regular
user of CURES.

(f) The Department of Justice shall, prior to upgrading CURES,
consult with prescribers licensed by one of the boards or
committees identified in subdivision (d) of Section 208 of the
Business and Professions Code, one or more of the boards or
committees identified in subdivision (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).

(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.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 11165.1 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11165.1.  

(a) (1) (A) (i) A health care practitioner authorized
to prescribe, order, administer, furnish, or dispense Schedule II,
Schedule III, begin delete or end delete Schedule begin delete IV end delete begin insert IV, or Schedule V end insert controlled
substances pursuant to Section 11150 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 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).

(ii) A pharmacist shall, before January 1, 2016, or upon
licensure, 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 pharmacist the electronic history of controlled
substances dispensed to an individual under his or her care based
on data contained in the CURES PDMP.

begin insert

(iii) An individual designated by a board, bureau, or program
within the Department of Consumer Affairs to investigate an
applicant for, or a holder of, a professional license may, for the
purpose of investigating the alleged substance abuse of an
applicant or a licensee, submit an application developed by the
Department of Justice to obtain approval to access information
online regarding the controlled substance history of an applicant
or a licensee that is stored on the Internet and maintained within
the Department of Justice, and, upon approval, the department
shall release to that individual the electronic history of controlled
substances dispensed to the applicant or licensee based on data
contained in the CURES PDMP.

end insert

(B) 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 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.

(C) Any authorized subscriber shall notify the Department of
Justice within 30 days of any changes to the subscriber account.

(2) A health care practitioner authorized to prescribe, order,
administer, furnish, or dispense Schedule II, Schedule III, begin delete or end delete
Schedule begin delete IV end delete begin insert IV, or Schedule V end insert 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) In order to prevent the inappropriate, improper, or illegal
use of Schedule II, Schedule III, begin delete or end delete Schedule begin delete IV end delete begin insert IV, or Schedule
V end insert 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.

(d) The history of controlled substances dispensed to an
individual based on data contained in CURES that is received by
begin delete a practitioner or pharmacist end delete begin insert an authorized subscriber end insert 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 begin delete a prescriber or pharmacist end delete begin insert an authorized
subscriber end insert pursuant to this section shall include prescriptions for
controlled substances listed in Sections 1308.12, 1308.13, begin delete and
1308.14 end delete begin insert 1308.14, and 1308.15 end insert of Title 21 of the Code of Federal
Regulations.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 11165.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11165.5.  

(a) The Department of Justice may seek voluntarily
contributed private funds from insurers, health care service plans,
qualified manufacturers, and other donors for the purpose of
supporting CURES. Insurers, health care service plans, qualified
manufacturers, and other donors may contribute by submitting
their payment to the Controller for deposit into the CURES Fund
established pursuant to subdivision (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, begin delete or 11057 end delete begin insert 11057, or 11058 end insert 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.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 11166 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11166.  

begin delete No end delete begin insert A end insert person shall begin insert not end insert fill a prescription for a controlled
substance after six months has elapsed from the date begin delete written on end delete
the prescription begin insert was issued end insert by the prescriber. begin delete No end delete begin insert A end insert person shall
begin insert not end insert 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 begin delete (3) end delete begin insert (2) end insert of subdivision (b) of Section 11164.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 11200 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11200.  

(a)  begin delete No end delete begin insert A end insert person shall begin insert not end insert dispense or refill a controlled
substance prescription more than six months after the date thereof.

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2), a person shall not
prescribe a controlled substance, nor shall a person fill, compound,
or dispense a prescription for a controlled substance, in a quantity
exceeding a 30-day supply. end insert

begin insert

(2) A person may prescribe a controlled substance, and a person
may fill, compound, or dispense a prescription for a controlled
substance, in a quantity not exceeding a 90-day supply if the
prescription is issued in the treatment of one of the following:

end insert begin insert

(A) A panic disorder.

end insert begin insert

(B) Attention deficit disorder.

end insert begin insert

(C) A chronic debilitating neurologic condition characterized
as a movement disorder or exhibiting seizure, convulsive, or spasm
activity.

end insert begin insert

(D) Pain in patients with conditions or diseases known to be
chronic or incurable.

end insert begin insert

(E) Narcolepsy.

end insert begin delete

(b) No

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert prescription for a Schedule III or IV substance begin delete may end delete
begin insert shall not end insert be refilled more than five times and in an amount, for all
refills of that prescription taken together, exceeding a 120-day
supply.

begin delete

(c) No

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert prescription for a Schedule II substance begin delete may end delete begin insert shall not end insert be
refilled.

begin insert

(d) A person shall not issue a prescription for a controlled
substance, nor shall a person fill, compound, or dispense a
prescription for a controlled substance, for an ultimate user for
whom a previous prescription for a controlled substance was
issued within the immediately preceding 30 days until the ultimate
user has exhausted all but a seven-day supply of the controlled
substance filled, compounded, or dispensed from the previous
prescription.

end insert