AB 2592, as amended, Cooper. Controlled substances: medicine locking closure packages: grant program.
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 pharmacistbegin delete to compound, prepare, fill, or dispenseend deletebegin insert or an intern pharmacist, as specified, from compounding, preparing, filling, or dispensingend insert a prescription for a controlled substance. A violation of these provisions is generally a misdemeanor unless another punishment is specifically provided.
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 orbegin delete nonfederalend deletebegin insert nongovernmentalend insert funding opportunities for the purposes of advancing public health.
This bill, until January 1,begin delete 2022,end deletebegin insert 2020,end insert would require the department tobegin delete implement the Opioid Abuse Prevention Pilot Programend deletebegin insert establish a pilot program, as specified,end insert to award grants to combat opioid abusebegin delete and improveend deletebegin insert
throughend insert 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 tobegin delete participate.end deletebegin insert participate in the program.end insert 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,begin delete 2021.end deletebegin insert
2019.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) More than 4,300 people died from drug poisoning in
4California in 2013.
5(b) Most drug poisonings stem from prescription medications,
6and opioids are the most commonly prescribed.
7(c) Recent research by the federal Centers for Disease Control
8and Prevention finds that 98 percent of all sources for abused
9prescription drugs originate within the home. Only 3 percent of
10homes lock up their medications.
11(d) The State Department of Public Health recently received a
12new grant of more than $3.7 million to improve the safe prescribing
13of opioid painkillers.
Section 11209.3 is added to the Health and Safety
15Code, to read:
(a) The State Department of Public Health shall, to
17the extent funding is available, establishbegin delete the Opioid Abuse begin insert a pilot programend insert to award grants to
18Prevention Pilot Programend delete
19combat opioid abusebegin delete and improveend deletebegin insert throughend insert the safe prescribing of
20opioids. Grants, in an amount determined by the department, shall
21be awarded to individual pharmacies that choose tobegin delete participate.end delete
22begin insert
participate in the program.end insert Grants shall target areas where the
23prevalence of prescription drug abuse is high as determined by
P3 1data thatbegin delete hasend deletebegin insert haveend insert been collected by the department and the
2California Health Care Foundation.
3(b) A pharmacy that applies for and receives a grant pursuant
4to this section shall offer all patients who are prescribed an opioid
5begin delete withend delete a medicine locking closure package. A patient shall not
6receive a medicine locking closure package unless he or she
7consents either orally or in writing. Every medicine locking closure
8package shall be
dispensed with instructions for patient use unless
9the patient indicates orally or in writing that instructions are not
10needed.
11(c) The State Department of Public Health shall not expend
12General Fund moneys on this program unless those moneys are
13specifically appropriated for this purpose. The department may
14seek funds from private entities, including foundations and
15nonprofit organizations, and may apply for federal or other grants,
16to fund the grant program.
17(d) For purposes of this section, “medicine locking closure
18package” means a locking closurebegin delete mechanism that can only be
19unlocked with a user-generated, resettable alphanumerical code
20in combination with an amber prescription container that forms a
21package that only allows the person with the prescription to
access
22the medicine.end delete
23that only allows the person with the prescription to access the
24medicine. A medicine locking closure package includes, but is not
25limited to, an amber prescription container combined with a
26resettable alphanumerical code.end insert
27(e) The department shall evaluate the effectiveness of the pilot
28program to combat prescription drug abuse in targeted areas and
29report its findings to the Legislature no later than December 31,
30begin delete 2021.end deletebegin insert 2019.end insert The report shall be submitted in compliance with
31Section 9795 of the Government Code.
32(f) This section shall remain in effect only until January 1,
33begin delete 2022,end deletebegin insert 2020,end insert and as of that date is repealed, unless a later enacted
34statute, that is enacted before January 1,begin delete 2022,end deletebegin insert 2020,end insert deletes or
35extends that date.
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