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 pharmacist or an intern pharmacist, as specified, from compounding, preparing, filling, or dispensing 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 or nongovernmental funding opportunities for the purposes of advancing public health.
This bill, until January 1, 2020, wouldbegin delete requireend deletebegin insert
authorizeend insert the department to establish a pilot program, as specified, to award grants to combat opioid abuse through 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 in the program. 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, 2019.
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 Healthbegin delete shall,end deletebegin insert may,end insert
17 to the extent funding is available, establish a pilot program to award
18grants to combat opioid abuse through the safe prescribing of
19opioids. Grants, in an amount determined by the department, shall
20be awarded to individual pharmacies that choose to
participate in
21the program. Grants shall target areas where the prevalence of
22prescription drug abuse is high as determined by data that have
23been collected by the department and the California Health Care
24Foundation.
P3 1(b) A pharmacy that applies for and receives a grant pursuant
2to this section shall offer all patients who are prescribed an opioid
3a medicine locking closure package. A patient shall not receive a
4medicine locking closure package unless he or she consents either
5orally or in writing. Every medicine locking closure package shall
6be dispensed with instructions for patient use unless the patient
7indicates orally or in writing that instructions are not needed.
8(c) The State Department of Public Health shall not expend
9General Fund moneys on this
program unless those moneys are
10specifically appropriated for this purpose. The department may
11seek funds from private entities, including foundations and
12nonprofit organizations, and may apply for federal or other grants,
13to fund the grant program.
14(d) For purposes of this section, “medicine locking closure
15package” means a locking closure container,begin delete unlocked only with begin insert accessible only by the
16a user-generated code, that only allows the person with the
17prescription to access the medicine.end delete
18designated patient with a passcode, an alphanumeric code, a key,
19or by another secure mechanism.end insert A medicine locking closure
20package includes, but is not limited to, an amber
prescription
21container combined with a resettable alphanumerical code.
22(e) The department shall evaluate the effectiveness of the pilot
23program to combat prescription drug abuse in targeted areas and
24report its findings to the Legislature no later than December 31,
252019. The report shall be submitted in compliance with Section
269795 of the Government Code.
27(f) This section shall remain in effect only until January 1,
282020, and as of that date is repealed, unless a later enacted statute,
29that is enacted before January 1, 2020, deletes or extends that date.
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