BILL NUMBER: AB 266 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 17, 2015
AMENDED IN SENATE JULY 13, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN ASSEMBLY JUNE 2, 2015
AMENDED IN ASSEMBLY MAY 11, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Members Bonta, Cooley, Jones-Sawyer, and
Lackey
(Coauthor: Assembly Member Chiu)
FEBRUARY 10, 2015
An act relating to medical cannabis. to
amend Section 2220.05 of the Business and Professions Code, relating
to medical marijuana .
LEGISLATIVE COUNSEL'S DIGEST
AB 266, as amended, Bonta. Medical Board of California:
cannabis.
Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November 6,
1996, statewide general election, authorizes the use of marijuana
for medical purposes. Existing law enacted by the
Legislature requires the establishment of a program for the issuance
of identification cards to qualified patients so that they may
lawfully use marijuana for medical purposes, and requires the
establishment of guidelines for the lawful cultivation of marijuana
grown for medical use. Existing law provides for the licensure of
various professions by the Department of Consumer Affairs. Existing
law, the Sherman Food, Drug, and Cosmetic Law, provides for the
regulation of food, drugs, devices, and cosmetics, as specified. A
violation of that law is a crime. 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.
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.
This bill , contingent on the enactment of SB 643, would
state the intent of the Legislature to enact legislation that would
enact a comprehensive regulatory framework for medical marijuana in
the state. would become operative only if SB 643 of
the 2015-16 Regular Session is enacted and becomes operative.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2220.05 of the
Business and Professions Code is amended to read:
2220.05. (a) In order to ensure that its resources are maximized
for the protection of the public, the Medical Board of California
shall prioritize its investigative and prosecutorial resources to
ensure that physicians and surgeons representing the greatest threat
of harm are identified and disciplined expeditiously. Cases involving
any of the following allegations shall be handled on a priority
basis, as follows, with the highest priority being given to cases in
the first paragraph:
(1) Gross negligence, incompetence, or repeated negligent acts
that involve death or serious bodily injury to one or more patients,
such that the physician and surgeon represents a danger to the
public.
(2) Drug or alcohol abuse by a physician and surgeon involving
death or serious bodily injury to a patient.
(3) Repeated acts of clearly excessive prescribing, furnishing, or
administering of controlled substances, or repeated acts of
prescribing, dispensing, or furnishing of controlled substances
without a good faith prior examination of the patient and medical
reason therefor. However, in no event shall a physician and surgeon
prescribing, furnishing, or administering controlled substances for
intractable pain consistent with lawful prescribing, including, but
not limited to, Sections 725, 2241.5, and 2241.6 of this code and
Sections 11159.2 and 124961 of the Health and Safety Code, be
prosecuted for excessive prescribing and prompt review of the
applicability of these provisions shall be made in any complaint that
may implicate these provisions.
(4) Repeated acts of clearly excessive recommending of cannabis to
patients for medical purposes, or repeated acts of recommending
cannabis to patients for medical purposes without a good faith prior
examination of the patient and a medical reason for the
recommendation.
(4)
(5) Sexual misconduct with one or more patients during
a course of treatment or an examination.
(5)
(6) Practicing medicine while under the influence of
drugs or alcohol.
(b) The board may by regulation prioritize cases involving an
allegation of conduct that is not described in subdivision (a). Those
cases prioritized by regulation shall not be assigned a priority
equal to or higher than the priorities established in subdivision
(a).
(c) The Medical Board of California shall indicate in its annual
report mandated by Section 2312 the number of temporary restraining
orders, interim suspension orders, and disciplinary actions that are
taken in each priority category specified in subdivisions (a) and
(b).
SECTION 1. It is the intent of the Legislature
to enact legislation that would enact a comprehensive regulatory
framework for medical marijuana in the state.
SEC. 2. This measure shall become operative only if Senate Bill
643 of the 2015-16 Regular Session is enacted and becomes operative.