BILL ANALYSIS
AB 2548
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Date of Hearing: May 19, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2548 (Block) - As Introduced: February 19, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
As proposed to be amended, this bill authorizes the Department
of Justice (DOJ) to enforce access requirements of its web-based
Prescription Drug Monitoring Program (PDMP) by conducting PDMP
audits to protect against unauthorized use, such as sharing
patient data with third parties, accessing information of
patients not under the physician's care, and selling patient
data. DOJ may establish by regulation a citation process, which
may contain an abatement order and an administrative fine not to
exceed $2,500. Specifically, this bill:
1)Allows, in addition to requesting a hearing, a cited PDMP
subscriber to request an informal citation conference with
DOJ.
2)Requires administrative fines be deposited in a DOJ fund for
costs associated with DOJ's controlled substances database,
the Controlled Substance Utilization Review and Evaluation
System (CURES).
3)Provides that a PDMP application by a practitioner or
pharmacist may be denied for cause, including, but not limited
to:
a) Falsifying an application;
b) Failure to maintain effective controls for access to the
patient activity report;
c) Suspension or revocation of a Drug Enforcement
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Administration registration;
d) An arrest or conviction for a controlled substance
offense or violation of this section;
e) Accessing PDMP information for any reason not related to
patient care.
FISCAL EFFECT
Unknown significant annual GF costs, likely in the hundreds of
thousands of dollars, for conducting PDMP audits, developing
regulations and holding citation conferences and hearings,
offset to some degree by dedicated citation revenue. This
assumes a minimum of five position equivalents.
While DOJ, the sponsor of this bill, has not provided any
analysis of the potential costs, the department acknowledges it
is/was hoping to create at least a partial funding source in SB
1071 (DeSaulnier), which requires DOJ to determine and impose a
per-pill fee on manufacturers and importers of controlled
substances. SB 1071 requires the Board of Equalization to
administer and collect the fee and deposit the proceeds in a
CURES Fund established by SB 1071, which is currently pending
hearing by the Senate Health and Revenue and Taxation
Committees.
COMMENTS
1)Rationale . The intent of the author and sponsor (DOJ) is to
create a process whereby DOJ can protect against improper and
unauthorized use of the PDMP.
2)CURES and PDMP . The state's controlled substances dispensary
database is known as the Controlled Substance Utilization
Review and Evaluation System. According to DOJ, CURES contains
over 100 million entries of controlled substance drugs
dispensed in California. Each year the CURES program responds
to more that 60,000 requests from practitioners and
pharmacists via the online PDMP system, which makes it easier
for authorized health practitioners to review controlled
substance information via the automated Patient Activity
Report (PAR) in an effort to identify and deter drug abuse and
diversion through accurate and rapid tracking of controlled
substances.
The goal of CURES and PDMP is to reduce pharmaceutical drug
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diversion without affecting legitimate medical practice or
patient care.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081