AB 611, as amended, Dahle. Controlled substances: prescriptions: reporting.
Existing law requires certain health care practitioners and pharmacists to apply to the Department of Justice to obtain approval to access information contained in the Controlled Substance Utilization Review and Evaluation System (CURES) Prescription Drug Monitoring Program (PDMP) regarding the controlled substance history of a patient under his or her care. Existing law requires the Department of Justice, upon approval of an application, to provide the approved health care practitioner or pharmacist the history of controlled substances dispensed to an individual under his or her care. Existing law authorizes an application to be denied, or a subscriber to be suspended, for specified reasons, including, among others, a subscriber accessing information for any reason other than caring for his or her patients.
This bill would also authorize an individual designated to investigate 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 a licensee. The bill would, upon approval of an application, require the department to provide to the approved individual the history of controlled substances dispensed to the licensee. The bill would clarify that only a subscriber who is a health care practitioner or a pharmacist may have an application denied or be suspended for accessing subscriber information for any reason other than caring for his or her patients. The bill would also specify that an application may be denied, or a subscriber may be suspended, if a subscriber who has been designated to investigate the holder of a professional license accesses information for any reason other than investigating the holder of a professional license.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11165.1 of the Health and Safety Code
2 is amended to read:
(a) (1) (A) (i) A health care practitioner authorized
4to prescribe, order, administer, furnish, or dispense Schedule II,
5Schedule III, or Schedule IV controlled substances pursuant to
6Section 11150 shall, before January 1, 2016, or upon receipt of a
7federal Drug Enforcement Administration (DEA) registration,
8whichever occurs later, submit an application developed by the
9Department of Justice to obtain approval to access information
10online regarding the controlled substance history of a patient that
11is stored on the Internet and maintained within the Department of
12Justice, and, upon approval, the department shall release to that
13practitioner the electronic history of controlled substances
14dispensed
to an individual under his or her care based on data
15contained in the CURES Prescription Drug Monitoring Program
16(PDMP).
17(ii) A pharmacist shall, before January 1, 2016, or upon
18licensure, whichever occurs later, submit an application developed
19by the Department of Justice to obtain approval to access
20information online regarding the controlled substance history of
21a patient that is stored on the Internet and maintained within the
22Department of Justice, and, upon approval, the department shall
23release to that pharmacist the electronic history of controlled
P3 1substances dispensed to an individual under his or her care based
2on data contained in the CURES PDMP.
3(iii) begin insert(I)end insertbegin insert end insert An individual designated by a board, bureau, or
4program within the Department of Consumer Affairs to investigate
5a holder of a professional license may, for the purpose of
6investigating the alleged substance abuse of a licensee, submit an
7application developed by the Department of Justice to obtain
8approval to access information online regarding the controlled
9substance history of a licensee that is stored on the Internet and
10maintained within the Department of Justice, and, upon approval,
11the department shall release to that individual the electronic history
12of controlled substances dispensed to the licensee based on data
13contained in the CURES PDMP.begin delete An application for an individual
14designated by a board, bureau, or program that does not regulate
15health care practitioners authorized to prescribe, order, administer,
16furnish, or dispense Schedule II, Schedule III, or
Schedule IV
17controlled substances pursuant to Section 11150end delete
18 shall contain facts demonstrating the probable cause to believe the
19licensee has violated a law governing controlled substances.
20(II) This clause does not require an individual designated by a
21board, bureau, or program within the Department of Consumer
22Affairs that regulates health care practitioners to submit an
23application to access the information stored within the CURES
24PDMP.
25(B) An application may be denied, or a subscriber may be
26suspended, for reasons which include, but are not limited to, the
27following:
28(i) Materially falsifying an application for a subscriber.
29(ii) Failure to maintain effective controls for access to the patient
30activity report.
31(iii) Suspended or revoked federal DEA registration.
32(iv) Any subscriber who is arrested for a violation of law
33governing controlled substances or any other law for which the
34possession or use of a controlled substance is an element of the
35crime.
36(v) Any subscriber described in clause (i) or (ii) of subparagraph
37(A) accessing information for any other reason than caring for his
38or her patients.
P4 1(vi) Any subscriber described in clause (iii) of subparagraph
2(A) accessing information for any other reason than investigating
3the holder of a professional license.
4(C) Any authorized subscriber shall notify the Department of
5Justice within 30 days of any changes to the subscriber account.
6(2) A health care practitioner authorized to prescribe, order,
7administer, furnish, or dispense Schedule II, Schedule III, or
8Schedule IV controlled substances pursuant to Section 11150 or
9a pharmacist shall be deemed to have complied with paragraph
10(1) if the licensed health care practitioner or pharmacist has been
11approved to access the CURES database through the process
12developed pursuant to subdivision (a) of Section 209 of the
13Business and Professions Code.
14(b) Any request for, or release of, a controlled substance history
15pursuant to this section shall be made in accordance with guidelines
16developed by the Department of Justice.
17(c) In order to prevent the inappropriate, improper, or illegal
18use of Schedule II, Schedule III, or Schedule IV controlled
19substances, the Department of Justice may initiate the referral of
20the history of controlled substances dispensed to an individual
21based on data contained in CURES to licensed health care
22practitioners, pharmacists, or both, providing care or services to
23the individual.
24(d) The history of controlled substances dispensed to an
25individual based on data contained in CURES that is received by
26an authorized subscriber from the
Department of Justice pursuant
27to this section shall be considered medical information subject to
28the provisions of the Confidentiality of Medical Information Act
29contained in Part 2.6 (commencing with Section 56) of Division
301 of the Civil Code.
31(e) Information concerning a patient’s controlled substance
32history provided to an authorized subscriber pursuant to this section
33shall include prescriptions for controlled substances listed in
34Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code
35of Federal Regulations.
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