BILL NUMBER: SB 482	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2015
	AMENDED IN SENATE  APRIL 16, 2015

INTRODUCED BY   Senator Lara

                        FEBRUARY 26, 2015

   An act to add Section 11165.4 to the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 482, as amended, Lara. Controlled substances: CURES database.
   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
requires dispensing pharmacies and clinics to report specified
information for each prescription of a Schedule II, Schedule III, or
Schedule IV controlled substance to the department.
   This bill would require all prescribers, as defined, prescribing a
Schedule II or Schedule III controlled substance,  and all
dispensers, as defined, dispensing a Schedule II or Schedule III
controlled substance,  to consult a patient's electronic
history in the CURES database before prescribing  or
dispensing  the controlled substance to the patient for the
first time. The bill would also require the prescriber to consult the
CURES database at least annually when the prescribed controlled
substance remains part of the patient's treatment. The bill would
prohibit prescribing an additional Schedule II or Schedule III
controlled substance to a patient with an existing prescription until
the prescriber determines that there is a legitimate need for the
controlled substance.
    The bill would make the failure to consult a patient's electronic
history in the CURES database a cause for disciplinary action by the
prescriber's  or dispenser's  licensing board and
would require the  respective licensing boards  
licensing boards  to notify all  licensees 
 prescribers  authorized to prescribe  or dispense
 controlled substances of these requirements. The bill would
provide that a prescriber  or dispenser  is not in
violation of these requirements during any time that the CURES
database is suspended or not accessible, or during any time that the
Internet is not operational. The bill would make its provisions
operative upon the Department of Justice's certification that the
CURES database is ready for statewide use.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11165.4 is added to the Health and Safety Code,
to read:
   11165.4.  (a) A prescriber shall access and consult the CURES
database for the electronic history of controlled substances
dispensed to a patient under his or her care before prescribing a
Schedule II or Schedule III controlled substance for the first time
to that patient and at least annually when that prescribed controlled
substance remains part of his or her treatment. If the patient has
an existing prescription for a Schedule II or Schedule III controlled
substance, the prescriber shall not prescribe an additional
controlled substance until the prescriber determines that there is a
legitimate need for that controlled substance. 
   (b) A dispenser shall access and consult the CURES database for
the electronic history of controlled substances dispensed to a
patient under his or her care before dispensing a Schedule II or
Schedule III controlled substance for the first time to that patient.
If the patient has an existing prescription for a Schedule II or
Schedule III controlled substance, the dispenser shall not dispense
an additional controlled substance until the dispenser checks the
CURES database.  
   (c) 
    (b)  Failure to consult a patient's electronic history
as required by subdivision (a)  or (b)  is cause for
disciplinary action by the  respective licensing board of
the prescriber or dispenser   prescriber's licensing
board  . The licensing boards of all prescribers  and
dispensers  authorized to write or issue prescriptions for
controlled substances shall notify these licensees of the
requirements of this section. 
   (d) 
    (c)  Notwithstanding any other law, a prescriber
 or dispenser  is not in violation of this section
during any period of time in which the CURES database is suspended or
not accessible or any period of time in which the Internet is not
operational. 
   (e) 
    (d)  This section shall not become operative until the
Department of Justice certifies that the CURES database is ready for
statewide use. 
   (f) 
    (e)  For purposes of this section,  the
following terms shall have the following meanings:  
"prescriber" means a health care practitioner who is authorized to
write or issue prescriptions under Section 11150, excluding
veterinarians.  
   (1) "Dispenser" means a person who is authorized to dispense a
controlled substance under Section 11011.  
   (2) "Prescriber" means a health care practitioner who is
authorized to write or issue prescriptions under Section 11150,
excluding veterinarians.  
   (g) 
    (f)  A violation of this section shall not be subject to
the provisions of Section 11374.