AB 679,
as amended, Travis Allen. begin deleteDocuments: recordation. end deletebegin insertControlled substances.end insert
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 provide the history of controlled substances dispensed to an individual to a licensed health care practitioner, pharmacist, or both, providing care or services to the individual. By January 1, 2016, or upon licensure in the case of a pharmacist, or upon receipt of a federal Drug Enforcement Administration registration in the case of another health care practitioner authorized to prescribe, order, administer, furnish, or dispense controlled substances, whichever respective event occurs later, existing law requires those persons to apply to the Department of Justice to obtain approval to access information contained in the CURES database regarding the controlled substance history of a patient under his or her care.
end insertbegin insertThis bill would extend those January 1, 2016, deadlines to July 1, 2016.
end insert begin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertExisting law requires the recorder of each county, upon payment of proper fees and taxes, to accept for recordation any instrument, paper, or notice that is authorized or required by law to be recorded. Existing law further requires the recorder, when any instrument authorized by law to be recorded is deposited in the recorder’s office for record, to endorse upon the instrument in the order in which it is deposited, the year, month, day, hour, and minute of its reception, the amount of fees recording, and the name of the person at whose request it is recorded.
end deleteThis bill would delete the requirement that the recorder endorse the name of the person at whose request an instrument is recorded and would additionally require the recorder to endorse upon the instrument the number of pages of the instrument.
end deleteBy imposing new duties upon the county recorder, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 11165.1 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert
(a) (1) (A) (i) A health care practitioner authorized
2to prescribe, order, administer, furnish, or dispense Schedule II,
3Schedule III, or Schedule IV controlled substances pursuant to
4Section 11150 shall, beforebegin delete Januaryend deletebegin insert Julyend insert 1, 2016, or upon receipt
5of a federal Drug Enforcement Administration (DEA) registration,
6whichever occurs later, submit an application developed by the
7Department of Justice to obtain approval to access information
8online regarding the controlled substance history of a patient that
9is stored on the Internet and maintained within the Department of
10
Justice, and, upon approval, the department shall release to that
11practitioner the electronic history of controlled substances
12dispensed to an individual under his or her care based on data
13contained in the CURES Prescription Drug Monitoring Program
14(PDMP).
15(ii) A pharmacist shall, beforebegin delete Januaryend deletebegin insert Julyend insert 1, 2016, or upon
16licensure, whichever occurs later, submit an application developed
17by the Department of Justice to obtain approval to access
18information online regarding the controlled substance history of
19a patient that is stored on the Internet and maintained within the
20Department of Justice, and, upon approval, the department shall
21release to that pharmacist the electronic history of controlled
22substances dispensed to an individual under his or her care
based
23on data contained in the CURES PDMP.
24(B) An application may be denied, or a subscriber may be
25suspended, for reasons which include, but are not limited to, the
26following:
27(i) Materially falsifying an application for a subscriber.
28(ii) Failure to maintain effective controls for access to the patient
29activity report.
30(iii) Suspended or revoked federal DEA registration.
31(iv) Any subscriber who is arrested for a violation of law
32governing controlled substances or any other law for which the
33possession or use of a controlled substance is an element of the
34crime.
35(v) Any subscriber accessing information for any other reason
36
than caring for his or her patients.
37(C) Any authorized subscriber shall notify the Department of
38Justice within 30 days of any changes to the subscriber account.
39(2) A health care practitioner authorized to prescribe, order,
40administer, furnish, or dispense Schedule II, Schedule III, or
P4 1Schedule IV controlled substances pursuant to Section 11150 or
2a pharmacist shall be deemed to have complied with paragraph
3(1) if the licensed health care practitioner or pharmacist has been
4approved to access the CURES database through the process
5developed pursuant to subdivision (a) of Section 209 of the
6Business and Professions Code.
7(b) Any request for, or release of, a controlled substance history
8pursuant to this section shall be made in accordance with guidelines
9developed by the Department of Justice.
10(c) In order to prevent the inappropriate, improper, or illegal
11use of Schedule II, Schedule III, or Schedule IV controlled
12substances, the Department of Justice may initiate the referral of
13the history of controlled substances dispensed to an individual
14based on data contained in CURES to licensed health care
15practitioners, pharmacists, or both, providing care or services to
16the individual.
17(d) The history of controlled substances dispensed to an
18individual based on data contained in CURES that is received by
19a practitioner or pharmacist from the Department of Justice
20pursuant to this section shall be considered medical information
21subject to the provisions of the Confidentiality of Medical
22Information Act contained in Part 2.6 (commencing with Section
2356) of Division 1 of the Civil Code.
24(e) Information concerning a
patient’s controlled substance
25history provided to a prescriber or pharmacist pursuant to this
26section shall include prescriptions for controlled substances listed
27in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code
28of Federal Regulations.
This act is an urgency statute necessary for the
30immediate preservation of the public peace, health, or safety within
31the meaning of Article IV of the Constitution and shall go into
32immediate effect. The facts constituting the necessity are:
33In order to ensure that health care practitioners and pharmacists
34are not out of compliance with the requirement to apply to access
35data contained in the Controlled Substance Utilization Review
36and Evaluation System Prescription Drug Monitoring Program
37on January 1, 2016, it is necessary that this act take effect
38
immediately.
Section 27320 of the Government Code is
40amended to read:
When any instrument authorized by law to be recorded
2is deposited in the recorder’s office for record, the recorder shall
3endorse upon it in the order in which it is deposited, the year,
4month, day, hour, and minute of its reception, its number of pages,
5and the amount of fees for recording. The recorder shall record it
6without delay, together with the acknowledgments, proofs,
7certificates, and prior recording data written upon or annexed to
8it, with the plats, surveys, schedules, and other papers thereto
9annexed, and shall note on the record its identification
number.
10Efforts shall be made to assign identification numbers sequentially,
11but an assignment of a nonsequential number may be made if not
12in violation of express recording instructions regarding a group of
13concurrently recorded instruments and if, in the discretion of the
14county recorder, such assignment best serves the interest of
15expeditious recording.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18a local agency or school district has the authority to levy service
19charges, fees, or assessments sufficient to pay for the program or
20level of service mandated by this act, within the meaning of Section
2117556 of the Government Code.
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