as amended, Wood. Medical
begin delete Board of California: medicalend delete marijuana.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use and cultivation of marijuana for medical purposes. Existing law requires the Medical Board of California to prioritize its investigative and prosecutorial resources to ensure that the most harmful physicians and surgeons are identified and disciplined expeditiously, and provides a list of allegations that shall be prioritized.end delete
This bill would add repeatedly recommending excessive cannabis to patients for medical purposes, and repeatedly recommending cannabis to patients without a good faith examination and a medical reason, to the list of prioritized allegations.end delete
This bill would become operative only if AB
266 and SB 643 of the 2015-16 Regular Session
begin delete isend delete enacted and begin delete takesend delete effect on or before January 1, 2016.
This bill would declare that it is to take effect immediately as an urgency statute.end delete
begin delete2⁄3 end delete.
Appropriation: begin deleteno end delete.
Fiscal committee: yes.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
Section 2220.05 of the Business and Professions
2Code is amended to read:
(a) In order to ensure that its resources are maximized
4for the protection of the public, the Medical Board of California
5shall prioritize its investigative and prosecutorial resources to
6ensure that physicians and surgeons representing the greatest threat
7of harm are identified and disciplined expeditiously. Cases
8involving any of the following allegations shall be handled on a
9priority basis, as follows, with the highest priority being given to
10cases in the first paragraph:
11(1) Gross negligence, incompetence, or repeated negligent acts
12that involve death or serious bodily injury to one or more patients,
13such that the physician and surgeon represents a danger to the
15(2) Drug or alcohol abuse by a physician and surgeon involving
16death or serious bodily injury to a patient.
17(3) Repeated acts of clearly excessive prescribing, furnishing,
18or administering of controlled substances, or repeated acts of
19prescribing, dispensing, or furnishing of controlled substances
20without a good faith prior examination of the patient and medical
21reason therefor. However, in no event shall a physician and surgeon
22prescribing, furnishing, or administering controlled substances for
23intractable pain consistent with lawful prescribing, including, but
24not limited to, Sections 725, 2241.5, and 2241.6 of this code and
25Sections 11159.2 and 124961 of the Health and Safety Code, be
26prosecuted for excessive prescribing and prompt review of the
27applicability of these provisions shall be made in any complaint
28that may implicate these provisions.
29(4) Repeated acts of clearly excessive recommending of cannabis
30to patients for medical purposes, or repeated acts of recommending
31cannabis to patients for medical purposes without a good faith
32prior examination of the patient and a medical reason for the
34(5) Sexual misconduct with one or more patients during a course
35of treatment or an examination.
36(6) Practicing medicine while under the influence of drugs or
P5 1(b) The board may by regulation prioritize cases involving an
2allegation of conduct that is not described in subdivision (a). Those
3cases prioritized by regulation shall not be assigned a priority equal
4to or higher than the priorities established in subdivision (a).
5(c) The Medical Board of California shall indicate in its annual
6report mandated by Section 2312 the number of temporary
7restraining orders, interim suspension orders, and disciplinary
8actions that are taken in each priority category specified in
9subdivisions (a) and (b).
This measure shall become operative only if both
11Assembly Bill 266 and Senate Bill 643 of the 2015-16 Regular
12Session are enacted and become operative.
This act is an urgency statute necessary for the
14immediate preservation of the public peace, health, or safety within
15the meaning of Article IV of the Constitution and shall go into
16immediate effect. The facts constituting the necessity are:
17In order to address the damage done by illegal marijuana
18cultivation at the earliest time possible, it is necessary that this act
19take effect immediately.