BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 482


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          Date of Hearing:  June 14, 2016


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                  Rudy Salas, Chair


                       SB 482(Lara) - As Amended June 6, 2016


          SENATE VOTE:  28-11


          SUBJECT:  Controlled substances:  CURES database


          SUMMARY:  Requires a health care practitioner, as specified,  
          authorized to prescribe, order, administer, furnish, or dispense  
          a controlled substance to consult the Controlled Substance  
          Utilization Review and Evaluation System (CURES) database no  
          earlier than 24 hours before prescribing a Schedule II, Schedule  
          III, of Schedule IV controlled substance for the first time and  
          at least annually thereafter.  Provides that a health care  
          practitioner who knowingly fails to consult the CURES database  
          is subject to administrative sanctions by the appropriate state  
          professional licensing board.  Exempts a health care  
          practitioner, as specified, or any person acting on behalf of  
          the health care practitioner, from civil or administrative  
          liability arising from false, incomplete, or inaccurate  
          information submitted to or reported by the CURES database or  
          for failure to consult the database, as specified. 


          EXISTING LAW:   


          The Business and Professions Code (BPC)








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          1)Establishes the Medical Practice Act which provides for the  
            licensing and regulation of physicians and surgeons by the  
            Medial Board of California (MBC) within the Department of  
            Consumer Affairs (DCA).  
          2)Establishes the Dental Practice Act which provides for the  
            licensing and regulation of dentists by the Dental Board of  
            California within DCA. 


          3)Establishes the Veterinary Medicine Practice Act which  
            provides for the licensing and regulation of veterinarians and  
            registered veterinary technicians by the Veterinary Medical  
            Board within DCA. 


          4)Establishes the Nursing Practice Act which provides for the  
            certification and regulation of registered nurses, nurse  
            practitioners and advanced practice nurses by the Board of  
            Registered Nursing within DCA. 


          5)Provides that a certified nurse-midwife may furnish or order  
            drugs or devices, including controlled substances, if  
            furnished or ordered incidentally to the provision of family  
            planning services, routine health care or perinatal care, or  
            care rendered consistent with the certified nurse-midwife's  
            practice; occurs under physician and surgeon supervision; and  
            is in accordance with standardized procedures or protocols as  
            specified.  (BPC § 2746.51)


          6)Provides that a nurse practitioner may furnish or order drugs  
            or devices, including controlled substances, if it is  
            consistent with a nurse practitioner's educational preparation  
            or for which clinical competency has been established and  
            maintained; occurs under physician and surgeon supervision;  
            and is in accordance with standardized procedures or protocols  








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            as specified.  (BPC § 2836.1)


          7)Establishes the Physician Assistant Practice Act which  
            provides for the licensing of physician assistants by the  
            Physician Assistant Committee, under the MBC, within the DCA.   
             


          8)Provides that a physician assistant while under the  
            supervision of a physician and surgeon may administer or  
            provide medication to a patient, or transmit orally or in  
            writing a drug order under specified conditions and protocols  
            adopted by the supervising physician and surgeon.  (BPC §  
            3502.1)


          9)Establishes the Osteopathic Act which provides for the  
            licensing and regulation of osteopathic physicians and  
            surgeons by the Osteopathic MBC within the DCA.


          10)Establishes the Naturopathic Doctors Act which provides for  
            the licensing of naturopathic doctors by the Naturopathic  
            Medicine Committee within the Osteopathic Medical Board of  
            California within the DCA.  


          11)Establishes the Optometry Practice Act which provides for the  
            licensure of optometrists by the California State Board of  
            Optometry within the DCA.  


          12)Establishes the Podiatric Act which provides for the  
            licensure of doctors of podiatric medicine by the California  
            Board of Podiatric Medicine within the DCA.  


          13)Establishes the Pharmacy Law which provides for the licensure  








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            and regulation of pharmacies, pharmacists and wholesalers of  
            dangerous drugs or devices by the Board of Pharmacy within the  
            DCA.  


          14)Defines "dispense" as the furnishing of drugs or devices upon  
            a prescription from a physician, dentist, optometrist,  
            podiatrist, veterinarian, or naturopathic doctor or upon an  
            order to furnish drugs or transmit a prescription from a  
            certified nurse-midwife, nurse practitioner, physician  
            assistant, naturopathic doctor, or pharmacist acting within  
            the scope of his or her practice.  Dispense also means and  
            refers to the furnishing of drugs or devices directly to a  
            patient by a physician, dentist, optometrist, podiatrist, or  
            veterinarian, or by a certified nurse-midwife, nurse  
            practitioner, naturopathic doctor, or physician assistant  
            acting within the scope of his or her practice.  (BPC § 4024)


          15)Specifies certain requirements regarding the dispensing and  
            furnishing of dangerous drugs and devices, and prohibits a  
            person from furnishing any dangerous drug or device except  
            upon the prescription of a physician, dentist, podiatrist,  
            optometrist, veterinarian or naturopathic doctor.  (BPC §  
            4059)


          16)Defines "practitioner" as a physician, dentist, veterinarian,  
            podiatrist, or pharmacist, registered nurse or physician  
            assistant acting within the scope of an experimental health  
            workforce projects authorized by the Office of Statewide  
            Health Planning and Development (HSC § 128125 et seq.), a  
            certified nurse-midwife according to BPC provisions outlined  
            above, a nurse practitioner according to BPC provisions  
            outlined above, a physician assistant according to BPC  
            provisions outlined above, or an optometrist licensed under  
            the Optometry Practice Act.  Includes in the definition of  
            "practitioner" a pharmacy, hospital, or other institution  
            licensed, registered, or otherwise permitted to distribute,  








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            dispense, conduct research with respect to, or to administer,  
            a controlled substance in the course of professional practice  
            or research in this state.  Also includes in the definition of  
            "practitioner" a scientific investigator, or other person  
            licensed, registered, or otherwise permitted, to distribute,  
            dispense, conduct research with respect to, or administer, a  
            controlled substance in the course of professional practice or  
            research in this state.  (BPC § 11026)


          The Health and Safety Code (HSC)


          17)Establishes the California Uniform Controlled Substances Act  
            which regulates controlled substances.  (HSC § 11000 et seq.)
          18)Defines "dispense" to deliver a controlled substance to an  
            ultimate user or research subject by or pursuant to the lawful  
            order of a practitioner, including the prescribing,  
            furnishing, packaging, labeling, or compounding necessary to  
            prepare the substance for that delivery and "dispenser" as a  
            practitioner who dispenses.  (HSC §§ 11010, 11011)


          19)Defines "drug" as: 


             a)   Substances recognized as drugs in the official United  
               States Pharmacopoeia, official Homeopathic Pharmacopoeia of  
               the United States, or official National Formulary, or any  
               supplement to any of them.
             b)   Substances intended for use in the diagnosis, cure,  
               mitigation, treatment, or prevention of disease in man or  
               animals.


             c)   Substances (other than food) intended to affect the  
               structure or any function of the body of man or animals.   
               (HSC § 11014)









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          20)Defines "opiate" as any substance having an addiction-forming  
            or addiction-sustaining liability similar to morphine or being  
            capable of conversion into a drug having addiction-forming or  
            addiction-sustaining liability.  (HSC § 11020)
          21)Classifies controlled substances in five schedules according  
            to their danger and potential for abuse.  (HSC § 11054-11058)


          22)Prohibits any person other than a physician, dentist,  
            podiatrist, veterinarian, naturopathic doctor (according to  
            BPC provisions outlined above), pharmacist (according to BPC  
            provisions above), certified nurse-midwife (according to BPC  
            provisions outlined above), nurse practitioner (according to  
            BPC provisions above); a pharmacist or registered nurse or  
            physician assistant acting within the scope of an experimental  
            health workforce project authorized by the Office of Statewide  
            Health Planning and Development (HSC § 128125 et seq.);  an  
            optometrist licensed under the Optometry Practice Act., or an  
            out-of-state prescriber acting in an emergency situation from  
            writing or issuing a prescription for a controlled substance.   
            (HSC § 11150)


          23)Specifies that a prescription for a controlled substance  
            shall only be issued for a legitimate medical purpose and  
            establishes responsibility for proper prescribing on the  
            prescribing practitioner.  States that a violation shall  
            result in imprisonment for up to one year or a fine of up to  
            $20,000, or both.  (HSC § 11153)


          24)Requires special prescription forms for controlled substances  
            to be obtained from security printers approved by DOJ,  
            establishes certain criteria for features on the forms and  
            requires controlled substance prescriptions to be made on the  
            specified form.  (HSC §§ 11161.5, 11162.1, 11164)










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          25)Establishes the Controlled Substances Utilization Review and  
            Evaluation System (CURES) for electronic monitoring of  
            Schedule II, III and IV controlled substance prescriptions.   
            The CURES provides for the electronic transmission of Schedule  
            II, III and IV controlled substance prescription information  
            to the Department of Justice (DOJ) at the time prescriptions  
            are dispensed.  (HSC § 11165)


          26)States that the purpose of CURES is to assist law enforcement  
            and regulatory agencies in controlling diversion and abuse of  
            Schedule II, III and IV controlled substances and for  
            statistical analysis, education and research.  (HSC § 11165  
            (a))


          27)Establishes privacy protections for patient data and  
            specifies that CURES data can only be accessed by appropriate  
            state, local and federal persons or public agencies for  
            disciplinary, civil or criminal actions.  Specifies that CURES  
            data shall also only be provided, as determined by DOJ, to  
            other agencies or entities for educating practitioners and  
            others, in lieu of disciplinary, civil or criminal actions.   
            Authorizes non-identifying CURES data to be provided to public  
            and private entities for education, research, peer review and  
            statistical analysis.  (HSC § 11165 (c))


          28)Provides that pharmacies or clinics, in filling a  
            prescription for a federally Scheduled II, III or IV drug,  
            shall provide weekly information to DOJ including the  
            patient's name, date of birth, the name, form, strength and  
            quantity of the drug, and the pharmacy name, pharmacy number  
            and the prescribing physician information.  (HSC § 11165 (d))


          29)Provides that a licensed health care practitioner eligible to  
            prescribe Schedule II, III or IV controlled substances, or a  
            pharmacist, shall apply to participate in the CURES  








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            Prescription Drug Monitoring Program (PDMP) by January 1,  
            2016.  Authorizes DOJ to deny an application or suspend a  
            subscriber for certain violations and falsifying information.   
            Provides that the history of controlled substances dispensed  
            to a patient based on CURES data that is received by a  
            practitioner or pharmacist shall be considered medical  
            information, subject to provisions of the Confidentiality of  
            Medical Information Act.  (HSC § 11165.1)


          30)Requires health practitioners who prescribe or administer a  
            controlled substance classified in Schedule II to make a  
            record containing the name and address of the patient, date,  
            and the character, name, strength, and quantity of the  
            controlled substance prescribed, as well as the pathology and  
            purpose for which the controlled substance was administered or  
            prescribed.  (HSC § 11190 (a) and (b))


          31)Requires prescribers who are authorized to dispense Schedule  
            II, III or IV controlled substance in their office or place of  
            practice to record and maintain information for three years  
            for each such prescription that includes the patient's name,  
            address, gender, and date of birth,  prescriber's license and  
            license number, federal controlled substance registration  
            number, state medical license number, NDC number of the  
            controlled substance dispensed, quantity dispensed, diagnosis  
            code, if available, and original date of dispensing.  Requires  
            that this information be provided to DOJ on a monthly basis.   
            (HSC § 11190 (c))


          THIS BILL: 


          32)Exempts a health care practitioner, pharmacist, and any  
            person acting on behalf of a health care practitioner or  
            pharmacist, when acting with reasonable care and in good  
            faith, from civil or administrative liability arising from any  








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            false, incomplete, or inaccurate information submitted to, or  
            reported by, the CURES database or for any resulting failure  
            of the CURES database to accurately or timely report that  
            information.


          33)Requires a health care practitioner authorized to prescribe,  
            order, administer, furnish, or dispense a controlled substance  
            to consult the CURES database to review a patient's controlled  
            substance history before prescribing a Schedule II, Schedule  
            III, or Schedule IV controlled substance to the patient for  
            the first time and at least annually thereafter if the  
            substance remains part of the treatment of the patient.


          34)Defines "first time" to mean the initial occurrence in which  
            a health care practitioner, in his or her role as a health  
            care practitioner, intends to prescribe, order, administer,  
            furnish, or dispense a Schedule II, Schedule III, or Schedule  
            IV controlled substance to a patient and has not previously  
            prescribed a controlled substance to the patient.


          35)Requires a health care practitioner to obtain a patient's  
            controlled substance history from the CURES database no  
            earlier than 24 hours before he or she prescribes, orders,  
            administers, furnishes, or dispenses a Schedule II, Schedule  
            III, or Schedule IV controlled substance to the patient.


          36)Exempts veterinarians from the duty to consult the CURES  
            database. 


          37)Exempts health care practitioners from the duty to consult  
            the CURES database in any of the following circumstances:


             a)   If a health care practitioner prescribes, orders, or  








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               furnishes a controlled substance to be administered or  
               dispensed to a patient while the patient is admitted to any  
               of the following facilities or during an emergency transfer  
               between any of the following facilities:
               i)     A clinic licensed under the Department of Public  
                 Health (DPH).
               ii)An outpatient setting.


               iii)A health facility, including acute care hospitals and  
                 skilled nursing facilities.


               iv)A county medical facility.


               v)      A dental place of practice.


             b)   If a health care practitioner prescribes, orders,  
               administers, furnishes, or dispenses a controlled substance  
               to a patient currently receiving hospice care.
             c)   Any time all of the specified circumstances are  
               satisfied.  Requires the health care practitioner who does  
               not consult the CURES database under the circumstances to  
               document the reason he or she did not consult the database  
               in the patient's medical record.  The required  
               circumstances are as follows:


               i)     It is not reasonably possible for a health care  
                 practitioner to access the information in the CURES  
                 database in a timely manner.
               ii)Another health care practitioner or designee authorized  
                 to access the CURES database is not reasonably available.


               iii)The quantity of controlled substance prescribed,  
                 ordered, administered, furnished, or dispensed does not  








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                 exceed a nonrefillable five-day supply of the controlled  
                 substance to be used in accordance with the directions  
                 for use and no refill of the controlled substance is  
                 allowed.


             d)   If the CURES database is not operational, as determined  
               by the Department of Justice (DOJ), or when it cannot be  
               accessed by a health care practitioner because of a  
               temporary technological or electrical failure.  Requires a  
               health care practitioner to, without undue delay, seek to  
               correct any cause of the temporary technological or  
               electrical failure that is reasonably within his or her  
               control. 
             e)   If the CURES database cannot be accessed because of  
               technological limitations that are not reasonably within  
               the control of a health care practitioner.


             f)   If the CURES database cannot be accessed because of  
               exceptional circumstances, as demonstrated by a health care  
               practitioner.


          38)Requires that a health care practitioner who knowingly fails  
            to consult the CURES database, be referred to the appropriate  
            state professional licensing board solely for administrative  
            sanctions, as deemed appropriate by that board.
          39)Provides that the requirement to consult the CURES database  
            does not create a private cause of action against a health  
            care practitioner.  


          40)Provides that the requirement does not limit a health care  
            practitioner's liability for the negligent failure to diagnose  
            or treat a patient.


          41)Provides that the requirement is not operative until six  








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            months after the DOJ certifies that the CURES database is  
            ready for statewide use.  Requires the DOJ to notify the  
            Secretary of State and the office of the Legislative Counsel  
            of the date of the certification.


          42)States that all applicable state and federal privacy laws  
            govern the duties required by this bill.


          43)States that the provisions of this bill, once they become  
            law, are severable.  States that if any provision 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.


          FISCAL EFFECT:  According to the Senate Appropriations Committee  
          analysis, "No significant costs are anticipated by the  
          Department of Justice. The Department has almost completed a  
          substantial upgrade to CURES and anticipates that by July 2015  
          the system will have the capability to meet the demand expected  
          due to this bill.  Minor costs to the relevant boards that  
          license prescribers, such as the Medical Board of California,  
          the Osteopathic Medical Board, and the Dental Board [are  
          anticipated].  Licensing boards will incur some additional cost  
          to notify their licensees of the new requirement to check CURES.  
          Those costs are expected to be minor for the impacted boards."


          COMMENTS:  


          Purpose.  This bill is co-sponsored by the  Consumer Attorneys of  
          California  and the  California Narcotics Officers' Association  .   
          According to the author, "According to the Centers for Disease  
          Control and Prevention, drug overdoses are the top cause of  
          accidental death in the United States.  Nearly 23,000 people  
          died from an overdose of pharmaceuticals in 2013 nationally-  








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          more than 70 percent of them from opiate prescription  
          painkillers.  The CURES database is an invaluable investigative,  
          preventative, and educational tool for law enforcement and the  
          healthcare community.  The current voluntary approach has not  
          been able to attract sufficient participation to make it truly  
          effective.  SB 482 requires all prescribers to consult the CURES  
          system before issuing Schedule II, III, and IV drugs.  This will  
          enable prescribers to make informed decisions about their  
          patient's care and limit the number of people who doctor shop  
          and over use prescription drugs." 


          Background.  Drug Schedules.  According to the United States  
          Drug Enforcement Agency, drugs, substances, and certain  
          chemicals used to make drugs are classified into five distinct  
          categories or schedules depending upon the drug's acceptable  
          medical use and the drug's abuse or dependency potential.   
          Schedule I drugs have the highest potential for abuse while  
          Schedule V is the lowest.  





           ------------------------------------------------------------------ 
          |Schedule      |Potential for  |Accepted for  |Examples            |
          |              |Abuse          |Medical Use   |                    |
                                                                          |              |               |in the United |                    |
          |              |               |States        |                    |
          |--------------+---------------+--------------+--------------------|
          |Schedule I    |High potential |Not currently |Heroin, lysergic    |
          |              |for abuse      |accepted for  |acid diethylamide   |
          |              |               |medical use   |(LSD), marijuana    |
          |              |Lack of        |in the United |(cannabis), peyote, |
          |              |accepted       |States        |methaqualone,       |
          |              |safety for use |              |methylenedioxymetham|
          |              |of the drug    |              |phetamine           |
          |              |under medical  |              |("ecstasy")         |
          |              |supervision.   |              |                    |








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          |--------------+---------------+--------------+--------------------|
          |Schedule II   |High potential |Currently     |Hydromorphone       |
          |              |for abuse      |accepted for  |(Dilaudid),         |
          |              |               |medical use   |methadone           |
          |              |Abuse may lead |in the United |(Dolophine),        |
          |              |to severe      |States        |meperidine          |
          |              |psychological  |              |(Demerol),          |
          |              |or physical    |              |oxycodone           |
          |              |dependence     |              |(OxyContin,         |
          |              |               |              |Percocet), and      |
          |              |               |              |fentanyl            |
          |              |               |              |(Sublimaze,         |
          |              |               |              |Duragesic),         |
          |              |               |              |amphetamine         |
          |              |               |              |(Dexedrine,         |
          |              |               |              |Adderall),          |
          |              |               |              |methamphetamine     |
          |              |               |              |(Desoxyn), and      |
          |              |               |              |methylphenidate     |
          |              |               |              |(Ritalin)           |
          |--------------+---------------+--------------+--------------------|
          |Schedule III  |Potential for  |Currently     |Combination         |
          |              |abuse is less  |accepted for  |products containing |
          |              |than schedule  |medical use   |less than 15        |
          |              |I and II drugs |in the United |milligrams of       |
          |              |               |States        |hydrocodone per     |
          |              |Abuse may lead |              |dosage unit         |
          |              |to severe      |              |(Vicodin), products |
          |              |psychological  |              |containing not more |
          |              |of physical    |              |than 90 milligrams  |
          |              |dependence     |              |of codeine per      |
          |              |               |              |dosage unit         |
          |              |               |              |(Tylenol with       |
          |              |               |              |Codeine), and       |
          |              |               |              |buprenorphine       |
          |              |               |              |(Suboxone)          |
          |--------------+---------------+--------------+--------------------|
          |Schedule IV   |Lower          |Currently     |Alprazolam (Xanax), |
          |              |potential for  |accepted for  |carisoprodol        |








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          |              |abuse is less  |medical use   |(Soma), clonazepam  |
          |              |than schedule  |in the United |(Klonopin),         |
          |              |III drugs      |States        |clorazepate         |
          |              |               |              |(Tranxene),         |
          |              |Abuse may lead |              |diazepam (Valium),  |
          |              |to limited     |              |lorazepam (Ativan), |
          |              |physical or    |              |midazolam (Versed), |
          |              |psychological  |              |temazepam           |
          |              |dependence     |              |(Restoril), and     |
          |              |relative to    |              |triazolam (Halcion) |
          |              |schedule II    |              |                    |
          |              |substances     |              |                    |
          |--------------+---------------+--------------+--------------------|
          |Schedule V    |Low potential  |Currently     |Cough preparations  |
          |              |for abuse      |accepted for  |containing not more |
          |              |relative to    |medical use   |than 200 milligrams |
          |              |schedule IV    |in the United |of codeine per 100  |
          |              |substances     |States        |milliliters or per  |
          |              |               |              |100 grams           |
          |              |Abuse may lead |              |(Robitussin AC,     |
          |              |to limited     |              |Phenergan with      |
          |              |physical or    |              |Codeine), and       |
          |              |psychological  |              |ezogabine.          |
          |              |dependence     |              |                    |
          |              |relative to    |              |                    |
          |              |schedule IV    |              |                    |
          |              |substances     |              |                    |
           ------------------------------------------------------------------ 



          Prescription Drug Overdose Deaths.  According to the Centers for  
          Disease Control and Prevention (CDC), drug overdoses are the top  
          cause of accidental deaths in the United States.  Overdose  
          deaths involving prescription opioids have quadrupled since  
          1999, as well as sales of these prescription drugs.   
          Additionally, approximately 20 percent of prescribers prescribe  
          80 percent of all prescription painkillers.  









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          In the years spanning 1999 to 2014, over 165,000 people died in  
          the United States from overdoses related to prescription  
          opioids.  During this time period, overdose rates were highest  
          among people age 25 to 54 years.  Overdose rates were higher  
          among non-Hispanic whites and American Indian or Alaskan  
          Natives, compared to non-Hispanic blacks and Hispanics.  In  
          addition, men were more likely to die from overdose, but the  
          mortality gap between men and women is closing. 


          CURES.  In 1996, California enacted the first prescription  
          monitoring drug program in the United States.  According to the  
          California Department of Justice, CURES is a database of  
          Schedule II, III, and IV controlled substance prescriptions  
          dispensed in California serving the public health, regulatory  
          oversight agencies, and law enforcement.  Access to CURES is  
          limited to licensed prescribers and licensed pharmacists  
          strictly for patients in their direct care; and regulatory board  
          staff and law enforcement personnel for official oversight or  
          investigatory purposes.  


          CURES receives about one million prescription records per week.   
          The database contains approximately 400 million entries of  
          controlled substance prescriptions dispensed in California.  The  
          system retains seven years of prescription data that is  
          de-identified. 


          As of February 5, 2016, there were 74, 258 registrants of the  
          CURES system.  All California licensed prescribers authorized to  
          prescribe scheduled drugs are required to register for access to  
          CURES version 2.0 by July 1, 2016, or upon issuance of a Drug  
          Enforcement Administration Controlled Substance Registration  
          Certificate, whichever occurs later. Licensed pharmacists must  
          register for access to CURES 2.0 by July 1, 2016, or upon  
          issuance of a Board of Pharmacy Pharmacist License, whichever  
          occurs later (Health and Safety Code §11165.1).  Use of CURES by  
          prescribers and dispensers for prescription abuse prevention or  








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          intervention is voluntary.


          Other States.  Forty nine states currently have prescription  
          drug monitoring programs.  Approximately 24 states have mandates  
          for prescribers to check a state based prescription drug  
          monitoring system (National Alliance for Model State Drug Laws,  
          Reporting Requirements and Exemptions to Reporting, 2014).  


          Significantly improved public health outcomes have been seen in  
          states that have required prescribers to check their drug  
          monitoring systems.  According to information obtained from the  
          CDC, in 2012, Tennessee required prescribers to check the  
          state's prescription drug monitoring program before prescribing  
          painkillers.  Within one year, there was a 36 percent decline in  
          patients who were seeing multiple prescribers to obtain the same  
          drugs.  In Virginia, the number of doctor shoppers fell by 73  
          percent after use of the database became mandatory.  In  
          Oklahoma, which requires mandatory checks for methadone,  
          overdose rates dropped approximately 21 percent in a single  
          year. 


          There are current efforts to link PDMP systems nationwide.  The  
          National Association of Boards of Pharmacies (NABP) InterConnect  
          system permits authorized PDMP users in participating states to  
          access interstate data by logging directly into the state PDMP  
          in which they are a registered user.  Currently, 33 states,  
          excluding California, have PDMPs that are linked to the NABP  
          InterConnect system. 


          Current Related Legislation.  AB 611 (Dahle) of the current  
          Legislative Session authorizes an individual designated to  
          investigate a holder of a professional license to apply to the  
          DOJ to obtain approval to access information contained in the  
          CURES PDMP regarding the controlled substance history of an  
          applicant or a licensee, for the purpose of investigating the  








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          alleged substance abuse of a licensee.  Clarifies that only a  
          subscriber who is a health care practitioner or a pharmacist may  
          have an application denied or be suspended for accessing  
          subscriber information for any reason other than caring for his  
          or her patients.  Specifies that an application may be denied,  
          or a subscriber may be suspended, if a subscriber who has been  
          designated to investigate the holder of a professional license  
          accesses information for any reason other than investigating the  
          holder of a professional license.  STATUS:  The bill is  
          currently pending in the Senate Committee on Business,  
          Professions and Economic Development. 


          Prior Related Legislation.  SB 500 (Lieu) of 2014, would have  
          required the MBC to update prescriber standards for controlled  
          substances once every five years and add the American Cancer  
          Society, specialists in pharmacology and specialists in  
          addiction medicine to the entities the MBC may consult with in  
          developing the standards.  STATUS:  The bill was amended to deal  
          with a different subject.


          SB 1258 (DeSaulnier) of 2014, would have made several changes to  
          the ways that controlled substances are prescribed and tracked  
          in CURES and would have required medical providers to use  
          electronic prescribing systems, would have required additional  
          reporting of controlled substance prescribing, and would have  
          placed additional restrictions on the prescribing of controlled  
          substances.  STATUS:  The bill was held in the Senate Committee  
          on Appropriations.   


          SB 809 (DeSaulnier), Chapter 400, Statutes of 2013, established  
          a funding mechanism to update and maintain CURES, required all  
          prescribing health care practitioners to apply to access CURES  
          information, and established processes and procedures for  
          regulating prescribing licensees through CURES and securing  
          private information.     









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          SB 616 (DeSaulnier) of 2012, would have increased fees, up to  
          $10 per licensee authorized to prescribe or dispense controlled  
          substances, to fund CURES.  STATUS:  The measure failed passage  
          in the Assembly Committee on Business, Professions and Consumer  
          Protection.


          SB 360 (DeSaulnier), Chapter 418, Statutes of 2011, updated  
          CURES to reflect the new PDMP and authorizes DOJ to initiate  
          administrative enforcement actions to prevent the misuse of  
          confidential information collected through CURES.


          SB 1071 (DeSaulnier) of 2010, would have imposed a tax on  
          manufacturers or importers of Schedule II, III and IV controlled  
          substances to pay for ongoing costs of the CURES program.  Fees  
          would have been collected by the BOE, at the rate of $0.0025 per  
          pill included in Schedule II, III, and IV.  STATUS:  The bill  
          was held in the Senate Committee on Health.


          AB 2516 (Mendoza) of 2008, would have required a doctor to  
          ensure that any prescription he or she make be electronically  
          transmitted to a patient's pharmacy of choice.  STATUS:  The  
          measure was never heard in a policy committee of the  
          Legislature.


          AB 1298 (Jones), Chapter 699, Statutes of 2007, sought to  
          protect the privacy of personally identifiable unencrypted  
          medical and health insurance information by requiring any state  
          agency or business that operates in California to inform any  
          potentially affected state resident of the loss of that  
          individual's health information. The bill also prohibited any  
          organization that holds electronic personal health record data  
          from disclosing that information without patient consent.  










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          ABX1 (Nunez) of 2007, would have required that by January 1,  
          2012 all prescribers, prescribers' agents, and pharmacies, have  
          ability to transmit and receive e-prescriptions, and would have  
          given licensing boards the authority to enforce this  
          requirement.  STATUS: The measure failed passage in the Senate  
          Committee on Health.


          AB 2986 (Mullin), Chapter 286, Statutes of 2006,  required  
          designated prescription forms for controlled substances and  
          prescriptions for controlled substances to contain additional  
          information identifying the final consumer and any refill  
          information.


          SB 734 (Torlakson), Chapter 487, Statutes of 2005, authorized  
          tamper resistant online access to the CURES system for  
          authorized physicians, pharmacists and law enforcement, pending  
          the acquisition of private funding.


          SB 151 (Burton), Chapter 406, Statutes of 2004, made CURES  
          permanent, among other provisions.


          AB 3042 (Takasugi), Chapter 738, Statutes of 1996, established  
          CURES as a three-year pilot program.


          ARGUMENTS IN SUPPORT: 


          The  American Insurance Association  supports the bill and writes,  
          "CURES in a PDMP, and such programs have been shown to improve  
          and control the prescription of narcotic pain killers, assist  
          clinical practices, protect patients and improve outcomes.  The  
          CURES database collects and makes available to prescribers  
          information about prescriptions of controlled substances."









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           CalChamber  also supports the bill and writes, "SB 482 ? requires  
          all prescribers to check California's CURES database to verify  
          that patient does not have an existing prescription for an  
          opioid pain killer or other Schedule II or III medication before  
          renewing or issuing a new prescription?This simple safeguard  
          will make it easier for physicians to identify high-risk  
          patients, discourage "doctor shopping"? and shine a much needed  
          light on the handful of prescribers that are responsible for the  
          vast majority of these inappropriate Schedule II and III  
          prescriptions." 


          The  Teamsters  support the bill and write in their letter, "It's  
          time we took decisive action to prevent prescription drug  
          addiction? SB 482 will help prevent this practice and help  
          identify those individuals at risk so they can get appropriate  
          treatment for their addiction."


          The  Center for Public Interest Law  (CPIL) writes in support,  
          "California should join the growing list of states that require  
          prescribers and dispensers to consult with their PDMP before  
          prescribing addictive narcotics.  CPIL urges your support for SB  
          482." 


           Consumer Watchdog  shares their support, "Experience in  
          California and other states shows that the databases will seldom  
          be used when they are not mandatory.  According to the  
          California Department of Justice, just 50,000 (less than 25%) of  
          all eligible prescribers are currently signed up for the CURES  
          database, let alone consulting it.  This is a tragic failure of  
          the system for which patients?pay the price."


           NAMI California  supports the bill and writes, "This bill is a  
          common sense measure?Many individuals living with mental illness  
          see multiple providers for legitimate reasons, including  








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          difficulty obtaining timely mental health provider appointments,  
          housing instability, and the frequency of inpatient  
          hospitalizations.  This can result in a multitude of  
          prescriptions, which would be better monitored through a  
          mandated use of CURES." 


           ShatterProof  writes in support, "California has always led the  
          way for the rest of the country on policy issues, and SB 482 is  
          a bill that does just this.  The bill has almost universal  
          community support, and is an important step toward ending the  
          devastation to our youth, our families and our communities." 


          ARGUMENTS IN OPPOSITION:


          The  California Medical Association  opposes the bill for several  
          reasons including: 


          44)The language regarding frequency of checking the CURES  
            database is confusing.
          45)The bill allows the Department of Justice to make the  
            determination that the database if ready to handle the duty to  
            consult requirement.  We recommend that the state Chief  
            Information Officer be designated to make that determination.


          46)The bill must increase the frequency of reporting of  
            prescribing information to every 24 hours.


          47)The language establishing that Section 11165.4 does not limit  
            a practitioner's liability for negligent failure to diagnose  
            or treat a patient.


          48)We continue to seek amendments to clarify the CURES  








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            disclosure and privacy structure. 


          49)California is one of three states that have a prescription  
            drug monitoring program housed in a law enforcement entity.  


          


          IMPLEMENTATION ISSUES:


          1)The bill requires that a prescriber check the CURES system at  
            least annually after initially prescribing a Schedule II, III,  
            or IV substance to a patient.  This may be burdensome for  
            prescribers who have patients who are taking multiple drugs  
            which are prescribed at various points in time.  
          2)Presently, the Centers for Diseases Control and Prevention  
            recommend that emergency room personnel prescribe no more than  
            three days of drugs to patients.  This bill would allow an  
            emergency room prescriber to prescribe ten days of drugs- more  
            than three times the amount of time that the Centers for  
            Disease Control and Prevention recommend. 
          AMENDMENTS: 


          1)In response to implementation issue number 1 raised above, the  
            author should amend the bill to require that prescribers check  
            the database, at least once every four months, if they have  
            prescribed any Schedule II, III, or IV drugs to a patient. 


          2)In response to implementation issue number 2 raised above, the  
            author should amend the bill to require that emergency room  
            personnel prescribe no more than seven days of Schedule II,  
            III, or IV substances.










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          REGISTERED SUPPORT:


          Consumer Attorneys of California and California Narcotics  
          Officers' Association (co-sponsors)


          American Insurance Association


          California Chamber of Commerce


          California Teamsters Public Affairs Council


          Center for Public Interest Law


          Consumer Watchdog


          National Alliance on Mental Illness


          ShatterProof





          REGISTERED OPPOSITION:


          California Medical Association












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          Analysis Prepared by:Le Ondra Clark Harvey Ph.D. / B. & P. /  
          (916) 319-3301