Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2592

Introduced by Assembly Member Cooper

February 19, 2016

begin delete An act to amend Section 11209 of the Health and Safety Code, relating to prescriptions. end delete begin insert An act to add and repeal Section 11209.3 of the Health and Safety Code, relating to controlled substances. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2592, as amended, Cooper. begin delete Prescriptions. end delete begin insert Controlled substances: medicine locking closure packages: grant program. end insert

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Existing law, the California Uniform Controlled Substances Act, specifies the proper uses of, and means of prescribing, controlled substances, as defined. Existing law prohibits a person other than a pharmacist to compound, prepare, fill, or dispense a prescription for a controlled substance. A violation of these provisions is generally a misdemeanor unless another punishment is specifically provided.

end insert begin insert

Existing law establishes the State Department of Public Health, which has authority over various programs promoting public health and which may investigate, apply for, and enter into agreements to secure federal or nonfederal funding opportunities for the purposes of advancing public health.

end insert begin insert

This bill, until January 1, 2022, would require the department to implement the Opioid Abuse Prevention Pilot Program to award grants to combat opioid abuse and improve the safe prescribing of opioids. The bill would require the department to award grants, in an amount to be determined by the department, to individual pharmacies that choose to participate. The bill would require a pharmacy that applies for and receives a grant to offer all patients who are prescribed an opioid a medicine locking closure package, as defined. The bill would prohibit the department from using General Fund moneys on this program unless those moneys are specifically appropriated for this purpose. The bill would require the department to evaluate the effectiveness of the program and report its findings to the Legislature no later than December 31, 2021.

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Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law prohibits the delivery of Schedule II, III, or IV controlled substances to a pharmacy unless a receipt for the merchandise is signed by a pharmacist or authorized receiving personnel. A violation of this provision is a crime.

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This bill would make nonsubstantive changes to this provision.

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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:

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begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

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(a) More than 4,300 people died from drug poisoning in
California in 2013.

end insert begin insert

(b) Most drug poisonings stem from prescription medications,
and opioids are the most commonly prescribed.

end insert begin insert

(c) Recent research by the federal Centers for Disease Control
and Prevention finds that 98 percent of all sources for abused
prescription drugs originate within the home. Only 3 percent of
homes lock up their medications.

end insert begin insert

(d) The State Department of Public Health recently received a
new grant of more than $3.7 million to improve the safe prescribing
of opioid painkillers.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 11209.3 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 11209.3. end insert   

(a) The State Department of Public Health shall, to
the extent funding is available, establish the Opioid Abuse
Prevention Pilot Program to award grants to combat opioid abuse
and improve the safe prescribing of opioids. Grants, in an amount
determined by the department, shall be awarded to individual
pharmacies that choose to participate. Grants shall target areas
where the prevalence of prescription drug abuse is high as
determined by data that has been collected by the department and
the California Health Care Foundation.

(b) A pharmacy that applies for and receives a grant pursuant
to this section shall offer all patients who are prescribed an opioid
with a medicine locking closure package. A patient shall not
receive a medicine locking closure package unless he or she
consents either orally or in writing. Every medicine locking closure
package shall be dispensed with instructions for patient use unless
the patient indicates orally or in writing that instructions are not
needed.

(c) The State Department of Public Health shall not expend
General Fund moneys on this program unless those moneys are
specifically appropriated for this purpose. The department may
seek funds from private entities, including foundations and
nonprofit organizations, and may apply for federal or other grants,
to fund the grant program.

(d) For purposes of this section, “medicine locking closure
package” means a locking closure mechanism that can only be
unlocked with a user-generated, resettable alphanumerical code
in combination with an amber prescription container that forms
a package that only allows the person with the prescription to
access the medicine.

(e) The department shall evaluate the effectiveness of the pilot
program to combat prescription drug abuse in targeted areas and
report its findings to the Legislature no later than December 31,
2021. The report shall be submitted in compliance with Section
9795 of the Government Code.

(f)  This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2022, deletes or extends that
date.

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begin delete

SECTION 1.  

Section 11209 of the Health and Safety Code is
amended to read:

11209.  

(a) A person shall not deliver Schedule II, III, or IV
controlled substances to a pharmacy or pharmacy receiving area,
nor shall any person receive controlled substances on behalf of a
pharmacy unless, at the time of delivery, a pharmacist or authorized
receiving personnel signs a receipt showing the type and quantity
of the controlled substances received. Any discrepancy between
the receipt and the type or quantity of controlled substances actually
received shall be reported to the delivering wholesaler or
manufacturer by the next business day after delivery to the
pharmacy.

(b) The delivery receipt and any record of discrepancy shall be
maintained by the wholesaler or manufacturer for a period of three
years.

(c) A violation of this section is a misdemeanor.

(d) Nothing in this section shall require a common carrier to
label a package containing controlled substances in a manner
contrary to federal law or regulation.

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