BILL ANALYSIS �
SB 616
Page 1
SENATE THIRD READING
SB 616 (DeSaulnier)
As Amended August 24, 2012
Majority vote
SENATE VOTE :37-0
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Mitchell, Skinner | | |
| | | | |
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SUMMARY : Creates a dedicated fund to maintain the Controlled
Substance Utilization Review and Evaluation System (CURES).
Specifically, this bill :
1)Makes legislative findings and declarations about the value
and necessity of the CURES.
2)Establishes the CURES fund in the State Treasury, which shall
consist of contributions collected from organizations for
purposes of funding the CURES program.
3)Provides that if the Attorney General determines that the
ability of regulatory agencies to adequately monitor
prescribers and dispensers of controlled substances has been
compromised due to insufficient funding to cover the costs of
the CURES, or because a permanent and ongoing funding sources
has not been implemented by July 1, 2014, then specified
boards shall increase by up to $10 annually the licensure,
certification and renewal fees charged to practitioners under
their supervision who are authorized to prescribe and dispense
controlled substances.
4)Creates CURES accounts within the funds of each of those
specified agencies.
5)Specifies that the moneys collected to cover the operations
costs of CURES shall be deposited in the CURES accounts.
6)Provides that monies in the CURES accounts of each of those
SB 616
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funds shall be continuously appropriated to the Department of
Justice (DOJ) without regard to fiscal year.
7)Requires all moneys received by DOJ be deposited into the
CURES Fund.
8)Provides that monies in the fund shall be allocated to the
Department of Justice (DOJ) to administer the CURES and be
continuously appropriated by the Legislature without regard to
fiscal year.
9)Requires DOJ to make information about the amount and the
source of all private grant funds it receives for support of
the CURES available to the public.
EXISTING LAW :
1)Requires DOJ to maintain the CURES for the electronic
monitoring of the prescribing and dispensing of Schedule II,
Schedule III, and Schedule IV controlled substances by all
practitioners authorized to prescribe or dispense these
controlled substances.
2)Requires a dispensing pharmacy or clinic to provide specified
prescription data for each prescription for a Schedule II,
Schedule III, or Schedule IV controlled substance to DOJ on a
weekly basis.
3)Allows a licensed health care practitioner who is eligible to
prescribe Schedule II, Schedule III, or Schedule IV controlled
substances, or a pharmacist to make a written request to DOJ
for the history of controlled substances dispensed to an
individual under his or her care, and allows DOJ to provide
that information to that health care practitioner or
pharmacist.
4)Provides that the history of controlled substances dispensed
to an individual based on data contained in CURES that is
received by a practitioner or pharmacist from DOJ pursuant to
this section shall be considered medical information subject
to specified confidentiality provisions.
5)Requires every practitioner, other than a pharmacist, who
prescribes or administers a controlled substance classified in
Schedule II, III or IV to record specified information
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relating to the transaction.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "SB 616 establishes a
dedicated fund to assist law enforcement and regulatory agencies
in their efforts to control the diversion and abuse of
prescription drugs and increase the frequency that a pharmacy or
clinic reports filled controlled substance prescriptions. The
fund will support the Controlled Substance Utilization Review
and Evaluation System (CURES) Program administered by the
California Department of Justice (DOJ). In 2009, the DOJ
launched its automated Prescription Drug Monitoring Program
(PDMP) within the CURES program. The program allows licensed
health care practitioners eligible to prescribe controlled
substances access to patient controlled substance prescription
information in real-time, 24 hours a day at the point of care.
Prescribers and pharmacists used the PDMP to make informed
decisions about patient care and detect patients who may be
abusing controlled substances by obtaining multiple
prescriptions from various practitioners. While the automated
PDMP within the CURES program is a valuable investigative,
preventative, and educational tool for law enforcement,
regulatory boards, and health care providers, recent funding
reductions have resulted in insufficient funds to support the
CURES. Without dedicated resources, the CURES program will be
suspended."
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0005586