SB 643, as amended, McGuire. Medical marijuana.
law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use. Existing law provides for the licensure of various professions by the Department of Consumer Affairs. Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of food, drugs, devices, and cosmetics, as specified. A violation of that law is a crime.
begin delete wouldend delete require begin delete thatend delete the Medical Board of California prioritize its investigative and prosecutorial resources to identify and discipline physicians and surgeons that have
repeatedly recommended excessive cannabis to patients for medical purposes or repeatedly recommending cannabis to patients for medical purposes without a good faith examination, as specified. begin delete The bill would become operative only if AB 266 of the 2015-16 Regular Session is enacted and takes effect on or before January 1, 2016.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
(a) Notwithstanding any other provision of law, an agency
4designated in subdivision (b) shall require an applicant to furnish
5to the agency a full set of fingerprints for purposes of conducting
6criminal history record checks. Any agency designated in
7subdivision (b) may obtain and receive, at its discretion, criminal
8history information from the Department of Justice and the United
9States Federal Bureau of Investigation.
10(b) Subdivision (a) applies to the following:
11(1) California Board of Accountancy.
12(2) State Athletic Commission.
13(3) Board of Behavioral Sciences.
14(4) Court Reporters Board of California.
15(5) State Board of Guide Dogs for the Blind.
16(6) California State Board of Pharmacy.
17(7) Board of Registered Nursing.
18(8) Veterinary Medical Board.
19(9) Board of Vocational Nursing and Psychiatric Technicians.
20(10) Respiratory Care Board of California.
21(11) Physical Therapy Board of California.
22(12) Physician Assistant Committee of the Medical Board of
24(13) Speech-Language Pathology and Audiology and Hearing
25Aid Dispenser Board.
26(14) Medical Board of California.
27(15) State Board of Optometry.
28(16) Acupuncture Board.
29(17) Cemetery and Funeral Bureau.
30(18) Bureau of Security and Investigative Services.
31(19) Division of Investigation.
32(20) Board of Psychology.
33(21) California Board of Occupational Therapy.
34(22) Structural Pest Control Board.
35(23) Contractors’ State License Board.
36(24) Naturopathic Medicine Committee.
37(25) Professional Fiduciaries Bureau.
P5 1(26) Board for Professional Engineers, Land Surveyors, and
4(c) For purposes of paragraph (26) of subdivision (b), the term
5“applicant” shall be limited to an initial applicant who has never
6been registered or licensed by the board or to an applicant for a
7new licensure or registration category.
Section 2220.05 of the Business and Professions Code
10 is amended to read:
(a) In order to ensure that its resources are maximized
12for the protection of the public, the Medical Board of California
13shall prioritize its investigative and prosecutorial resources to
14ensure that physicians and surgeons representing the greatest threat
15of harm are identified and disciplined expeditiously. Cases
16involving any of the following allegations shall be handled on a
17priority basis, as follows, with the highest priority being given to
18cases in the first paragraph:
19(1) Gross negligence, incompetence, or repeated negligent acts
20that involve death or serious bodily injury to one or more patients,
21such that the physician and surgeon represents a danger to the
23(2) Drug or alcohol abuse by a physician and surgeon involving
24death or serious bodily injury to a patient.
25(3) Repeated acts of clearly excessive prescribing, furnishing,
26or administering of controlled substances, or repeated acts of
27prescribing, dispensing, or furnishing of controlled substances
28without a good faith prior examination of the patient and medical
29reason therefor. However, in no event shall a physician and surgeon
30prescribing, furnishing, or administering controlled substances for
31intractable pain consistent with lawful prescribing, including, but
32not limited to, Sections 725, 2241.5, and 2241.6 of this code and
33Sections 11159.2 and 124961 of the Health and Safety Code, be
34prosecuted for excessive prescribing and prompt review of the
35applicability of these provisions shall be made in any complaint
36that may implicate these provisions.
37(4) Repeated acts of clearly excessive recommending of cannabis
38to patients for medical purposes, or repeated acts of recommending
39cannabis to patients for medical purposes without a good faith
P6 1prior examination of the patient and a medical reason for the
3(5) Sexual misconduct with one or more patients during a course
4of treatment or an examination.
5(6) Practicing medicine while under the influence of drugs or
7(b) The board may by regulation prioritize cases involving an
8allegation of conduct that is not described in subdivision (a). Those
9cases prioritized by regulation shall not be assigned a priority equal
10to or higher than the priorities established in subdivision (a).
11(c) The Medical Board of California shall indicate in its annual
12report mandated by Section 2312 the number of temporary
13restraining orders, interim suspension orders, and disciplinary
14actions that are taken in each priority category specified in
15subdivisions (a) and (b).
(a) A physician and surgeon may prescribe for, or
19dispense or administer to, a person under his or her treatment for
20a medical condition dangerous drugs or prescription controlled
21substances for the treatment of pain or a condition causing pain,
22including, but not limited to, intractable pain.
23(b) No physician and surgeon shall be subject to disciplinary
24action for prescribing, dispensing, or administering dangerous
25drugs or prescription controlled substances in accordance with this
27(c) This section shall not affect the power of the board to take
28any action described in Section 2227 against a physician and
29surgeon who does any of the following:
30(1) Violates subdivision (b), (c), or (d) of Section 2234 regarding
31gross negligence, repeated negligent acts, or incompetence.
32(2) Violates Section 2241 regarding treatment of an addict.
33(3) Violates Section 2242 regarding performing an
34appropriate prior examination and the existence of a medical
35indication for prescribing, dispensing, or furnishing dangerous
begin delete drugs.end delete
37(4) Violates Section 2242.1 regarding prescribing on the Internet.
38(5) Fails to keep complete and accurate records of purchases
39and disposals of substances listed in the California Uniform
40Controlled Substances Act (Division 10 (commencing with Section
P7 111000) of the Health and Safety Code) or controlled substances
2scheduled in the federal Comprehensive Drug Abuse Prevention
3and Control Act of 1970 (21 U.S.C. Sec. 801 et seq.), or pursuant
4to the federal Comprehensive Drug Abuse Prevention and Control
5Act of 1970. A physician and surgeon shall keep records of his or
6her purchases and disposals of these controlled substances or
7dangerous drugs, including the date of purchase, the date and
8records of the sale or disposal of the drugs by the physician and
9surgeon, the name and address of the person receiving the drugs,
10and the reason for the disposal or the dispensing of the drugs to
11the person, and shall otherwise comply with all state recordkeeping
12requirements for controlled substances.
13(6) Writes false or fictitious prescriptions for controlled
14substances listed in the California Uniform Controlled Substances
15Act or scheduled in the federal Comprehensive Drug Abuse
16Prevention and Control Act of 1970.
17(7) Prescribes, administers, or dispenses in violation of this
18chapter, or in violation of Chapter 4 (commencing with Section
1911150) or Chapter 5 (commencing with Section 11210) of Division
2010 of the Health and Safety Code.
21(d) A physician and surgeon shall exercise reasonable care in
22determining whether a particular patient or condition, or the
23complexity of a patient’s treatment, including, but not limited to,
24a current or recent pattern of drug abuse, requires consultation
25with, or referral to, a more qualified specialist.
26(e) Nothing in this section shall prohibit the governing body of
27a hospital from taking disciplinary actions against a physician and
28surgeon pursuant to Sections 809.05, 809.4, and 809.5.
(a) No person or entity may prescribe, dispense, or
32furnish, or cause to be prescribed, dispensed, or furnished,
33dangerous drugs or dangerous devices, as defined in Section 4022,
34on the Internet for delivery to any person in this state, without an
35appropriate prior examination and medical indication, except as
36authorized by Section 2242.
37(b) Notwithstanding any other provision of law, a violation of
38this section may subject the person or entity that has committed
39the violation to either a fine of up to twenty-five thousand dollars
40($25,000) per occurrence pursuant to a citation issued by the board
P8 1or a civil penalty of twenty-five thousand dollars ($25,000) per
3(c) The Attorney General may bring an action to enforce this
4section and to collect the fines or civil penalties authorized by
6(d) For notifications made on and after January 1, 2002, the
7Franchise Tax Board, upon notification by the Attorney General
8or the board of a final judgment in an action brought under this
9section, shall subtract the amount of the fine or awarded civil
10penalties from any tax refunds or lottery winnings due to the person
11who is a defendant in the action using the offset authority under
12Section 12419.5 of the Government Code, as delegated by the
13Controller, and the processes as established by the Franchise Tax
14Board for this purpose. That amount shall be forwarded to the
15board for deposit in the Contingent Fund of the Medical Board of
17(e) If the person or entity that is
the subject of an action brought
18pursuant to this section is not a resident of this state, a violation
19of this section shall, if applicable, be reported to the person’s or
20entity’s appropriate professional licensing authority.
21(f) Nothing in this section shall prohibit the board from
22commencing a disciplinary action against a physician and surgeon
23pursuant to Section
begin delete 2242.end delete
This act shall become operative only if Assembly
3Bill 266 of the 2015-16 Session
begin delete isend delete
4 enacted and
begin delete takesend delete effect on or before January 1, 2016.