BILL NUMBER: SB 464 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 22, 2015
AMENDED IN SENATE APRIL 27, 2015
INTRODUCED BY Senator Hernandez
FEBRUARY 25, 2015
An act to amend add Section
2242.1 of 2242.2 to the Business and
Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 464, as amended, Hernandez. Healing arts: self-reporting tools.
The Medical Practice Act provides for licensure and regulation of
physicians and surgeons by the Medical Board of California, and
authorizes a physician and surgeon to, among other things, use drugs
or devices in or upon human beings. The Medical Practice Act
makes it unprofessional conduct for a physician and surgeon to
prescribe, dispense, or furnish dangerous drugs without an
appropriate prior examination and medical indication. The act
prohibits, with specified exceptions, a person or entity from
prescribing, dispensing, or furnishing, or causing to be prescribed,
dispensed, or furnished, dangerous drugs or dangerous devices on the
Internet for delivery to a person in California without an
appropriate prior examination and medical indication.
The Nursing Practice Act provides for the licensure and regulation
of registered nurses, including nurse practitioners and certified
nurse-midwives, by the Board of Registered Nursing within the
Department of Consumer Affairs. The Nursing Practice Act authorizes a
registered nurse to dispense self-administered hormonal
contraceptives, as specified, in accordance with standardized
procedures, including demonstration of competency in providing the
appropriate prior examination comprised of checking blood pressure,
weight, and patient and family health history, including medications
taken by the patient. The Nursing Practice Act also authorizes
certified nurse-midwives and nurse practitioners to furnish or order
drugs or devices, as specified.
The Physician Assistant Practice Act provides for the licensure
and regulation of physician assistants by the Physician Assistant
Board within the jurisdiction of the Medical Board of California, and
authorizes a physician assistant to administer or provide medication
to a patient or to transmit a drug order, as specified.
The Pharmacy Law provides for the licensing and regulation of
pharmacists by the California State Board of Pharmacy within the
Department of Consumer Affairs, and authorizes a pharmacist to
furnish self-administered hormonal contraceptives in accordance with
standardized procedures and protocols. The Pharmacy Law requires the
standardized procedures and protocols to require a patient to use a
self-screening tool that will identify patient risk factors for the
use of self-administered hormonal contraceptives, as specified.
This bill , notwithstanding any other law,
would authorize the board to consider the use of
self-reporting tools by licensees, as that use may be allowed by law.
a physician and surgeon, a registered nurse acting in
accordance with the authority of the Nursing Practice Act, a
certified nurse-midwife acting within the scope of specified existing
law relating to nurse-midwives, a nurse practitioner acting within
the scope of specified existing law relating to nurse practitioners,
a physician assistant acting within the scope of specified existing
law relating to physician assistants, or a pharmacist acting within
the scope of a specified existing law relating to pharmacists to use
a self sc reening tool that will identify patient risk
factors for the use of self-administered hormonal contraceptives by a
patient, and, after an appropriate prior examination, prescribe,
furnish, or dispense, as applicable, self-administered hormonal
contraceptives to the patient. The bill would authorize blood
pressure, weight, height, and patient health history to be
self-reported using the self-screening tool.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2242.2 is added to the
Business and Professions Code , to read:
2242.2. Notwithstanding any other law, a physician and surgeon, a
registered nurse acting in accordance with Section 2725.2, a
certified nurse-midwife acting within the scope of Section 2746.51, a
nurse practitioner acting within the scope of Section 2836.1, a
physician assistant acting within the scope of Section 3502.1, and a
pharmacist acting within the scope of Section 4052.3 may use a
self-screening tool that will identify patient risk factors for the
use of self-administered hormonal contraceptives by a patient, and,
after an appropriate prior examination, prescribe, furnish, or
dispense, as applicable, self-administered hormonal contraceptives to
the patient. Blood pressure, weight, height, and patient health
history may be self-reported using the self-screening tool that
identifies patient risk factors.
SECTION 1. Section 2242.1 of the Business and
Professions Code is amended to read:
2242.1. (a) No person or entity may prescribe, dispense, or
furnish, or cause to be prescribed, dispensed, or furnished,
dangerous drugs or dangerous devices, as defined in Section 4022, on
the Internet for delivery to any person in this state, without an
appropriate prior examination and medical indication, except as
authorized by Section 2242.
(b) Notwithstanding any other provision of law, a violation of
this section may subject the person or entity that has committed the
violation to either a fine of up to twenty-five thousand dollars
($25,000) per occurrence pursuant to a citation issued by the board
or a civil penalty of twenty-five thousand dollars ($25,000) per
occurrence.
(c) The Attorney General may bring an action to enforce this
section and to collect the fines or civil penalties authorized by
subdivision (b).
(d) For notifications made on and after January 1, 2002, the
Franchise Tax Board, upon notification by the Attorney General or the
board of a final judgment in an action brought under this section,
shall subtract the amount of the fine or awarded civil penalties from
any tax refunds or lottery winnings due to the person who is a
defendant in the action using the offset authority under Section
12419.5 of the Government Code, as delegated by the Controller, and
the processes as established by the Franchise Tax Board for this
purpose. That amount shall be forwarded to the board for deposit in
the Contingent Fund of the Medical Board of California.
(e) If the person or entity that is the subject of an action
brought pursuant to this section is not a resident of this state, a
violation of this section shall, if applicable, be reported to the
person's or entity's appropriate professional licensing authority.
(f) Nothing in this section shall prohibit the board from
commencing a disciplinary action against a physician and surgeon
pursuant to Section 2242.
(g) The board may consider the use of self-screening tools by a
licensee, as that use may be allowed by law.