BILL NUMBER: SB 298 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2001
INTRODUCED BY Senators Figueroa and Escutia
FEBRUARY 16, 2001
An act to amend Sections 2725.1, 2746.51, 4040, 4060, 4061, 4076,
4170, and 4175 of the Business and Professions Code, and to amend
Sections 11026 and 11150 of the Health and Safety Code, relating to
nurse-midwives.
LEGISLATIVE COUNSEL'S DIGEST
SB 298, as amended, Figueroa. Drugs and devices.
Existing law permits a certified nurse-midwife who meets certain
qualifications, to furnish drugs or medical devices pursuant to
standardized procedures. Existing law does not authorize a certified
nurse-midwife to order drugs or devices and prohibits him or her
from furnishing controlled substances.
This bill would permit authorize a
certified nurse-midwife to order drugs and devices under
certain conditions. The bill would permit a certified nurse-midwife
to furnish or order specified controlled
substances under certain conditions. The bill would define the term
"furnishing" to include the ordering of a drug or device pursuant to
a standardized procedure or protocol and the
transmitting of an order of a supervising physician and surgeon
.
Because a willful violation of the bill's requirements with
respect to the ordering of dangerous drugs or devices would be a
crime, this bill would impose a state-mandated local program by
creating a new crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Certified nurse-midwives have provided controlled substances,
under the supervision of a physician and surgeon, to patients in
licensed facilities for over 20 years. In this role, certified
nurse-midwives have served and continue to serve as valuable members
of the health care team.
(b) To provide controlled substances, certified nurse-midwives
must register with the United States Drug Enforcement Administration
and provide, as required, documentation related to controlled
substances. Certified nurse-midwives are also required, in providing
controlled substances, to operate under standardized procedures or
protocols developed through collaboration among organized health care
systems, administrators, and health professionals, including
physicians and surgeons and nurses.
(c) These standardized procedures and protocols are developed by
the health care team, physicians and surgeons, certified
nurse-midwives, and health care facility administrators as needed and
appropriate for the dynamic health care system to allow the health
care team to provide patient care.
(d) This act is intended to codify current practice where
certified nurse-midwives care for patients and provide controlled
substances according to standardized procedures and protocols.
existing furnishing practices in accordance with the
interpretation by the Board of Registered Nursing in its document
entitled "Administering, Furnishing, and Prescribing Drugs in Modern
Medical and Nursing Practice" of the Nursing Practice Act (Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code). Nothing in this act is intended to increase the
scope of practice of certified nurse-midwives.
SEC. 2. Section 2725.1 of the Business and Professions Code is
amended to read:
2725.1. Notwithstanding any other provision of law, a registered
nurse may dispense drugs or devices upon an order by a licensed
physician and surgeon if the nurse is functioning within a licensed
clinic as defined in paragraphs (1) and (2) of subdivision (a) of
Section 1204 of, or within a clinic as defined in subdivision (b) or
(c) of Section 1206, of the Health and Safety Code.
No clinic shall employ a registered nurse to perform dispensing
duties exclusively. No registered nurse shall dispense drugs in a
pharmacy, keep a pharmacy, open shop, or drugstore for the retailing
of drugs or poisons. No registered nurse shall compound drugs.
Dispensing of drugs by a registered nurse, except a certified
nurse-midwife who functions pursuant to a standardized procedure or
protocol described in Section 2746.51 or a nurse practitioner who
functions pursuant to a standardized procedure described in Section
2836.1, or protocol, shall not include substances included in the
California Uniform Controlled Substances Act (Division 10 (commencing
with Section 11000) of the Health and Safety Code). Nothing in this
section shall exempt a clinic from the provisions of Article 13
(commencing with Section 4180) of Chapter 9.
SEC. 3. Section 2746.51 of the Business and Professions Code is
amended to read:
2746.51. (a) Neither this chapter nor any other
provision of law shall be construed to prohibit a certified
nurse-midwife from furnishing or ordering drugs or devices ,
including controlled substances classified in Schedule III, IV, or V
under the California Uniform Controlled Substances Act (Division 10
(commencing with Section 11000) of the Health and Safety Code),
when all of the following apply:
(a) The drugs or devices are furnished or ordered by a
certified nurse-midwife in accordance with standardized procedures or
protocols developed by the certified nurse-midwife and his or her
supervising physician and surgeon under any of the following
circumstances:
(1) When furnished or ordered incidentally to the provision of
family planning services, as defined in Section 14503 of the Welfare
and Institutions Code.
(2) When furnished or ordered incidental to the provision of
routine health care or prenatal care.
(3) When rendered to essentially healthy persons.
(b) The certified nurse-midwife is functioning pursuant to a
standardized procedure, as defined by Section 2725, or protocol. The
standardized procedure or protocol shall be developed and approved
by the supervising physician and surgeon, the certified
nurse-midwife, and the facility administrator or his or her designee.
(c) The standardized procedure or protocol covering the furnishing
of drugs or devices shall specify which certified nurse-midwife may
furnish or order drugs or devices, which drugs or devices may be
furnished or ordered, under what circumstances, the extent of
physician and surgeon supervision, the method of periodic review of
the certified nurse-midwife's competence, including peer review, and
review of the provisions of the standardized procedure or protocol.
(d) The furnishing of drugs or devices by a certified
nurse-midwife occurs under physician and surgeon supervision.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but does include (1)
collaboration on the development of the standardized procedure or
protocol, (2) approval of the standardized procedure or protocol, and
(3) availability by telephonic contact at the time of patient
examination by the certified nurse-midwife.
(e) For purposes of this section, no physician and surgeon shall
supervise more than four certified nurse-midwives at one time.
(f) Drugs or devices furnished or ordered by a certified
nurse-midwife may include Schedule II through Schedule V controlled
substances under the California Uniform Controlled Substances Act,
(Division 10 (commencing with Section 11000) of the Health and Safety
Code) and shall be further limited to those drugs agreed upon by the
certified nurse-midwife and physician and surgeon and specified in
the standardized procedure or protocol. When Schedule II controlled
substances, as defined in Section 11055 of the Health and Safety
Code, or Schedule III controlled substances, as defined in Section
11056 of the Health and Safety Code, are furnished or ordered by a
certified nurse-midwife, the controlled substances shall be furnished
or ordered in accordance with a patient-specific protocol approved
by the treating or supervising physician and surgeon. A copy of the
section of the nurse-midwife's standardized procedure or protocol
relating to controlled substances shall be provided upon request to
any licensed pharmacist who dispenses drugs or devices, if there is
uncertainty about the certified nurse-midwife furnishing the order.
(g) The board has certified in accordance with subdivision (h)
that the certified nurse-midwife has satisfactorily completed (1) at
least six month's physician and surgeon supervised experience in the
furnishing or ordering of drugs or devices and (2) a course in
pharmacology covering the drugs or devices to be furnished or ordered
under this section. The board shall establish the requirements for
satisfactory completion of this subdivision.
(h) The furnishing or ordering of drugs or devices by certified
nurse-midwives is conditional on the issuance by the board of a
number to the applicant who has successfully completed the
requirements of subdivision (g). The number shall be included on all
transmittals of orders for drugs or devices by the certified
nurse-midwife. The board shall make the list available to the
California State Board of Pharmacy. The board shall charge the
applicant fees for application, renewal, and penalty for failure to
timely renew that are equal to the fees charged to nurse
practitioners pursuant to Section 2836.3.
(i) Every certified nurse-midwife who is authorized pursuant to
this section to furnish or issue a drug order for a controlled
substance shall register with the United States Drug Enforcement
Administration.
(j)
(1) The drugs or devices are furnished incidentally to the
provision of: family planning services, as defined in Section 14503
of the Welfare and Institutions Code, or are furnished incidentally
to the provision of routine health care or perinatal care, as defined
in subdivision (d) of Section 123485 of the Health and Safety Code,
rendered to essentially healthy persons within a facility specified
in subdivision (a), except in the case of sole practitioners, and
subdivision (b), (c), (d), (i), or (j) of Section 1206 of the Health
and Safety Code, a clinic as specified in Section 1204 of the Health
and Safety Code, a general acute care hospital as defined in
subdivision (a) of Section 1250 of the Health and Safety Code, a
licensed birth center as defined in Section 1204.3 of the Health and
Safety Code, or a special hospital specified as a maternity hospital
in subdivision (f) of Section 1250 of the Health and Safety Code.
(2) The drugs or devices are furnished or ordered by a certified
nurse-midwife in accordance with standardized procedures. For
purposes of this section, standardized procedure means a document,
including protocols, developed and approved by the supervising
physician and surgeon, the certified nurse-midwife, and the facility
administrator or his or her designee. The standardized procedure
covering the furnishing of drugs or devices shall specify which
certified nurse-midwife may furnish or order drugs or devices, which
drugs or devices may be furnished or ordered, under what
circumstances, the extent of physician and surgeon supervision, the
method of periodic review of the certified nurse-midwife's
competence, including peer review, and review of the provisions of
the standardized procedure. When Schedule III controlled substances,
as defined in Section 11056 of the Health and Safety Code, are
furnished or ordered by a certified nurse-midwife, the controlled
substances shall be furnished or ordered in accordance with a
patient-specific protocol approved by the treating or supervising
physician and surgeon.
(3) The furnishing of drugs or devices by a certified
nurse-midwife occurs under physician and surgeon supervision.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but does include: (A)
collaboration on the development of the standardized procedure; (B)
approval of the standardized procedure; and (C) availability by
telephonic contact at the time of patient examination by the
certified nurse-midwife.
(4) For purposes of this section, no physician and surgeon shall
supervise more than four certified nurse-midwives at one time.
(5) The furnishing or ordering of drugs or devices by a certified
nurse-midwife is conditional on the issuance by the board of a number
to the applicant who has successfully completed the requirements of
paragraph (6). The number shall be included on all transmittals of
orders for drugs or devices by the certified nurse-midwife. The
board shall maintain a list of the certified nurse-midwives that it
has certified pursuant to this paragraph and the number it has issued
to each one. The board shall make the list available to the
California State Board of Pharmacy upon its request. Every certified
nurse-midwife who is authorized pursuant to this section to furnish
or issue a drug order for a controlled substance shall register with
the United States Drug Enforcement Administration.
(6) The board has certified in accordance with paragraph (5) that
the certified nurse-midwife has satisfactorily completed at least six
month's physician and surgeon supervised experience in the
furnishing or ordering of drugs or devices and a course in
pharmacology covering the drugs or devices to be furnished or ordered
under this section. The board shall establish the requirements for
satisfactory completion of this paragraph.
(7) A copy of the section of the nurse-midwives standardized
procedure relating to controlled substances shall be provided upon
request to any licensed pharmacist who dispenses drugs or devices if
there is uncertainty about the certified nurse-midwife furnishing
order.
(b) Drugs or devices furnished or ordered by a certified
nurse-midwife may include Schedule II controlled substances under the
California Uniform Controlled Substances Act, (Division 10
(commencing with Section 11000) of the Health and Safety Code) under
the following conditions:
(1) The drugs and devices are furnished or ordered in a hospital
as described in subdivision (a) of Section 1250 of the Health and
Safety Code and are furnished or ordered in accordance with
requirements referenced in paragraphs (2) to (7), inclusive, of
subdivision (a).
(2) When Schedule II controlled substances, as defined in Section
11055 of the Health and Safety Code, are furnished or ordered by a
certified nurse-midwife, the controlled substances shall be furnished
or ordered in accordance with a patient-specific protocol approved
by the treating or supervising physician and surgeon.
(c) Furnishing of drugs or devices by a certified
nurse-midwife means the act of making a pharmaceutical agent or
agents available to the patient in strict accordance with a
standardized procedure or protocol
. Use of the term "furnishing" in this section ,
in a specialty clinic defined in paragraph (4) of subdivision (b) of
Section 1204 of the Health and Safety Code that is licensed by the
state or in a health facility defined in subdivisions (b), (c), (d),
(e), and (i) of Section 1250 of the Health and Safety Code, shall
include shall include (1) the ordering of a drug
or device in accordance with the standardized procedure or protocol
and (2) transmitting an order of a supervising physician and surgeon.
(k)
(d) "Drug order" or "order" for purposes of this section
means an order for medication or for a drug or device that
is dispensed to or for an ultimate user, issued by a nurse-midwife
as an individual practitioner, within the meaning of Section 1306.03
of Title 21 of the Code of Federal Regulations. Notwithstanding any
other provision of law, (1) a drug order issued pursuant to this
section shall be treated in the same manner as a prescription of the
supervising physician; (2) all references to "prescription" in this
code and the Health and Safety Code shall include drug orders issued
by certified nurse-midwives; and (3) the signature of a certified
nurse-midwife on a drug order issued in accordance with this section
shall be deemed to be the signature of a prescriber for purposes of
this code and the Health and Safety Code.
(l)
(e) Nothing in this section, nor any other provision of law,
shall be construed to authorize a nurse-midwife in solo practice to
furnish drugs or devices, under any circumstances.
SEC. 4. Section 4040 of the Business and Professions Code is
amended to read:
4040. (a) "Prescription" means an oral, written, or electronic
transmission order that is both of the following:
(1) Given individually for the person or persons for whom ordered
that includes all of the following:
(A) The name or names and address of the patient or patients.
(B) The name and quantity of the drug or device prescribed and the
directions for use.
(C) The date of issue.
(D) Either rubber stamped, typed, or printed by hand or typeset,
the name, address, and telephone number of the prescriber, his or her
license classification, and his or her federal registry number, if a
controlled substance is prescribed.
(E) A legible, clear notice of the condition for which the drug is
being prescribed, if requested by the patient or patients.
(F) If in writing, signed by the prescriber issuing the order, or
the certified nurse-midwife, nurse practitioner, or physician
assistant who issues a drug order pursuant to Section 2746.51,
2836.1, or 3502.1.
(2) Issued by a physician, dentist, optometrist, podiatrist, or
veterinarian , or, if a drug order is issued
pursuant to Section 2746.51, 2836.1, or 3502.1 , by a
certified nurse-midwife, nurse practitioner, or physician assistant
licensed in this state.
(b) Notwithstanding subdivision (a), a written order of the
prescriber for a dangerous drug, except for any Schedule II
controlled substance, that contains at least the name and signature
of the prescriber, the name or names and address
of the patient or patients in a
manner consistent with paragraph (3) of subdivision (b) of Section
11164 of the Health and Safety Code, the name and quantity of the
drug prescribed, directions for use, and the date of issue may be
treated as a prescription by the dispensing pharmacist as long as any
additional information required by subdivision (a) is readily
retrievable in the pharmacy. In the event of a conflict between this
subdivision and Section 11164 of the Health and Safety Code, Section
11164 of the Health and Safety Code shall prevail.
(c) "Electronic transmission prescription" includes both image and
data prescriptions. "Electronic image transmission prescription"
means any prescription order for which a facsimile of the order is
received by a pharmacy from a licensed prescriber. "Electronic data
transmission prescription" means any prescription order, other than
an electronic image transmission prescription, that is electronically
transmitted from a licensed prescriber to a pharmacy.
(d) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(e) Nothing in the amendments made to this section (formerly
Section 4036) at the 1969 Regular Session of the Legislature shall be
construed as expanding or limiting the right that a chiropractor,
while acting within the scope of his or her license, may have to
prescribe a device.
SEC. 5. Section 4060 of the Business and Professions Code is
amended to read:
4060. No person shall possess any controlled substance, except
that furnished to a person upon the prescription of a physician,
dentist, podiatrist, or veterinarian, or furnished pursuant to a drug
order issued by a certified nurse-midwife pursuant to Section
2746.51, a nurse practitioner pursuant to Section 2836.1, or a
physician assistant pursuant to Section 3502.1. This section shall
not apply to the possession of any controlled substance by a
manufacturer, wholesaler, pharmacy, physician, podiatrist, dentist,
veterinarian, certified nurse-midwife, nurse practitioner, or
physician assistant, when in stock in containers correctly labeled
with the name and address of the supplier or producer.
Nothing in this section authorizes a certified nurse-midwife, a
nurse practitioner, or a physician assistant to order his or her own
stock of dangerous drugs and devices.
SEC. 6. Section 4061 of the Business and Professions Code is
amended to read:
4061. No manufacturer's sales representative shall distribute any
dangerous drug or dangerous device as a complimentary sample without
the written request of a physician, dentist, podiatrist, or
veterinarian. However, a certified nurse-midwife who functions
pursuant to a standardized procedure or protocol
described in Section 2746.51, a nurse practitioner who functions
pursuant to a standardized procedure described in Section 2836.1, or
protocol, or a physician assistant who functions pursuant to Section
3502.1, may sign for the delivery or receipt of complimentary samples
of a dangerous drug or dangerous device that has been requested in
writing by his or her supervising physician. Each written request
shall contain the names and addresses of the supplier and the
requester, the name and quantity of the specific dangerous drug
desired, the name of the certified nurse-midwife, nurse practitioner,
or physician assistant, if applicable, receiving the samples
pursuant to this section, the date of receipt, and the name and
quantity of the dangerous drugs or dangerous devices provided. These
records shall be preserved by the supplier with the records required
by Section 4059.
SEC. 7. Section 4076 of the Business and Professions Code is
amended to read:
4076. (a) A pharmacist shall not dispense any prescription except
in a container that meets the requirements of state and federal law
and is correctly labeled with all of the following:
(1) Except where the prescriber or the certified nurse-midwife who
functions pursuant to a standardized procedure or
protocol described in Section 2746.51, the nurse
practitioner who functions pursuant to a standardized procedure
described in Section 2836.1, or protocol, or the physician assistant
who functions pursuant to Section 3502.1 orders otherwise, either the
manufacturer's trade name of the drug or the generic name and the
name of the manufacturer. Commonly used abbreviations may be used.
Preparations containing two or more active ingredients may be
identified by the manufacturer's trade name or the commonly used name
or the principal active ingredients.
(2) The directions for the use of the drug.
(3) The name of the patient or patients.
(4) The name of the prescriber and, if applicable, the certified
nurse-midwife who functions pursuant to a standardized procedure
or protocol described in Section 2746.51, the
nurse practitioner who functions pursuant to a standardized procedure
described in Section 2836.1, or protocol, or the physician assistant
who functions pursuant to Section 3502.1.
(5) The date of issue.
(6) The name and address of the pharmacy, and prescription number
or other means of identifying the prescription.
(7) The strength of the drug or drugs dispensed.
(8) The quantity of the drug or drugs dispensed.
(9) The expiration date of the effectiveness of the drug
dispensed.
(10) The condition for which the drug was prescribed if requested
by the patient and the condition is indicated on the prescription.
(b) If a pharmacist dispenses a prescribed drug by means of a unit
dose medication system, as defined by administrative regulation, for
a patient in a skilled nursing, intermediate care, or other health
care facility, the requirements of this section will be satisfied if
the unit dose medication system contains the aforementioned
information or the information is otherwise readily available at the
time of drug administration.
(c) If a pharmacist dispenses a dangerous drug or device in a
facility licensed pursuant to Section 1250 of the Health and Safety
Code, it is not necessary to include on individual unit dose
containers for a specific patient, the name of the certified
nurse-midwife who functions pursuant to a standardized procedure
or protocol described in Section 2746.51, the
nurse practitioner who functions pursuant to a standardized procedure
described in Section 2836.1, or protocol, or the physician assistant
who functions pursuant to Section 3502.1.
SEC. 8. Section 4170 of the Business and Professions Code is
amended to read:
4170. (a) No prescriber shall dispense drugs or dangerous devices
to patients in his or her office or place of practice unless all of
the following conditions are met:
(1) The dangerous drugs or dangerous devices are dispensed to the
prescriber's own patient, and the drugs or dangerous devices are not
furnished by a nurse or physician attendant.
(2) The dangerous drugs or dangerous devices are necessary in the
treatment of the condition for which the prescriber is attending the
patient.
(3) The prescriber does not keep a pharmacy, open shop, or
drugstore, advertised or otherwise, for the retailing of dangerous
drugs, dangerous devices, or poisons.
(4) The prescriber fulfills all of the labeling requirements
imposed upon pharmacists by Section 4076, all of the recordkeeping
requirements of this chapter, and all of the packaging requirements
of good pharmaceutical practice, including the use of childproof
containers.
(5) The prescriber does not use a dispensing device unless he or
she personally owns the device and the contents of the device, and
personally dispenses the dangerous drugs or dangerous devices to the
patient packaged, labeled, and recorded in accordance with paragraph
(4).
(6) The prescriber, prior to dispensing, offers to give a written
prescription to the patient that the patient may elect to have filled
by the prescriber or by any pharmacy.
(7) The prescriber provides the patient with written disclosure
that the patient has a choice between obtaining the prescription from
the dispensing prescriber or obtaining the prescription at a
pharmacy of the patient's choice.
(8) A certified nurse-midwife who functions pursuant to a
standardized procedure or protocol described in
Section 2746.51, a nurse practitioner who functions pursuant to a
standardized procedure described in Section 2836.1, or protocol, or a
physician assistant who functions pursuant to Section 3502.1, may
hand to a patient of the supervising physician and surgeon a properly
labeled prescription drug prepackaged by a physician and surgeon, a
manufacturer as defined in this chapter, or a pharmacist.
(b) The Medical Board
of California, the State Board of Optometry, the Dental Board of
California, the Osteopathic Medical Board of California, the Board of
Registered Nursing, and the Physician Assistant Committee shall have
authority with the California State Board of Pharmacy to ensure
compliance with this section, and those boards are specifically
charged with the enforcement of this chapter with respect to their
respective licensees.
(c) "Prescriber," as used in this section, means a person, who
holds a physician's and surgeon's certificate, a license to practice
optometry, a license to practice dentistry, or a certificate to
practice podiatry, and who is duly registered as such by the Medical
Board of California, the State Board of Optometry, the Dental Board
of California, or the Board of Osteopathic Examiners of this state.
SEC. 9. Section 4175 of the Business and Professions Code is
amended to read:
4175. (a) The California State Board of Pharmacy shall promptly
forward to the appropriate licensing entity, including the Medical
Board of California, the Dental Board of California, the State Board
of Optometry, the Osteopathic Medical Board of California, the Board
of Registered Nursing, or the Physician Assistant Committee, all
complaints received related to dangerous drugs or dangerous devices
dispensed by a prescriber, certified nurse-midwife, nurse
practitioner, or physician assistant pursuant to Section 4170.
(b) All complaints involving serious bodily injury due to
dangerous drugs or dangerous devices dispensed by prescribers,
certified nurse-midwives, nurse practitioners, or physician
assistants pursuant to Section 4170 shall be handled by the Medical
Board of California, the Dental Board of California, the State Board
of Optometry, the Osteopathic Medical Board of California, the Board
of Registered Nursing, or the Physician Assistant Committee as a case
of greatest potential harm to a patient.
SEC. 10. Section 11026 of the Health and Safety Code is amended to
read:
11026. "Practitioner" means any of the following:
(a) A physician, dentist, veterinarian, podiatrist, or pharmacist
acting within the scope of a project authorized under Article 1
(commencing with Section 128125) of Chapter 3 of Part 3 of Division
107, a registered nurse acting within the scope of a project
authorized under Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107, a certified nurse-midwife acting
within the scope of Section 2746.51 of the Business and Professions
Code, a nurse practitioner acting within the scope of Section 2836.1
of the Business and Professions Code, or a physician assistant acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107 or
Section 3502.1 of the Business and Professions Code, or an
optometrist acting within the scope of Section 3041 of the Business
and Professions Code.
(b) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense, conduct
research with respect to , or to administer , a
controlled substance in the course of professional practice or
research in this state.
(c) 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.
SEC. 11. Section 11150 of the Health and Safety Code is amended to
read:
11150. No person other than a physician, dentist, podiatrist, or
veterinarian, or pharmacist acting within the scope of a project
authorized under Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107, a registered nurse acting within
the scope of a project authorized under Article 1 (commencing with
Section 128125) of Chapter 3 of Part 3 of Division 107, a certified
nurse-midwife acting within the scope of Section 2746.51 of the
Business and Professions Code, a nurse practitioner acting within the
scope of Section 2836.1 of the Business and Professions Code, a
physician assistant acting within the scope of a project authorized
under Article 1 (commencing with Section 128125) of Chapter 3 of Part
3 of Division 107 or Section 3502.1 of the Business and Professions
Code, or an optometrist acting within the scope of Section 3041 of
the Business and Professions Code, or an out-of-state prescriber
acting pursuant to Section 4005 of the Business and Professions Code
shall write or issue a prescription.
SEC. 12. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.