BILL NUMBER: SB 482	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2016
	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, to consult a
patient's electronic history in the CURES database before prescribing
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 licensing board and would require the licensing boards
to notify all prescribers authorized to prescribe controlled
substances of these requirements. The bill would provide that a
prescriber 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.  
if a specified conditi   on exists, including any time that
the CURES database is suspended or not accessible, an inability to
access the CURES database in a timely manner because of an emergency,
when the controlled substance is prescribed to a patient receiving
hospice care, or when the controlled substance is directly
administered to the patient by the person prescribing the controlled
substance.  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) Failure to consult a patient's electronic history as required
by subdivision (a) is cause for disciplinary action by the prescriber'
s licensing board. The licensing boards of all prescribers authorized
to write or issue prescriptions for controlled substances shall
notify these licensees of the requirements of this section. 
   (c) Notwithstanding any other law, a prescriber 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.  
   (c) A prescriber is not liable in a civil action solely for
failing to consult the CURES database as required pursuant to
subdivision (a).  
   (d) The requirement in subdivision (a) does not apply, and a
prescriber is not in violation of this section, if any of the
following conditions are met:  
   (1) The CURES database is suspended or inaccessible, the Internet
is not operational, the data in the CURES database is inaccurate or
incomplete, or it is not possible to query the CURES database in a
timely manner because of an emergency.  
   (2) The controlled substance is prescribed to a patient receiving
hospice care.  
   (3) The controlled substance is prescribed to a patient as a part
of a surgical procedure that has or will occur in a licensed health
care facility and the prescription is nonrefillable.  
   (4) The controlled substance is directly administered to the
patient by the prescriber or another person authorized to prescribe a
controlled substance.  
   (d) 
    (e)  This section shall not become operative until the
Department of Justice certifies that the CURES database is ready for
statewide use.  The department shall notify the Secretary of
State and the Office of Legislative Counsel of the date of that
certification.  
   (e) 
    (f)  For purposes of this section, "prescriber" means a
health care practitioner who is authorized to write or issue
prescriptions under Section 11150, excluding veterinarians. 
   (f) 
    (g)  A violation of this section shall not be subject to
the provisions of Section 11374. 
   (h) All applicable state and federal privacy laws govern the
duties required by this section.  
   (i) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.