BILL ANALYSIS Ó
AB 2603
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ASSEMBLY THIRD READING
AB 2603 (V. Manuel Pérez)
As Introduced February 21, 2014
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : Clarifies that a patient's representative may pick up
and transport prescription medications. Specifically this bill
extends the prescription defense to a person other than the
patient for whom a controlled substance was prescribed, if the
substance is possessed with the express authorization of, or at
the direction of, the prescription holder.
EXISTING LAW :
1)Classifies controlled substances in five schedules according
to their danger and potential for abuse. Schedule I
controlled substances have the greatest restrictions and
penalties, including prohibiting the prescribing of a Schedule
I controlled substance.
2)Makes it a crime to possess specified controlled substances
without a valid prescription from a licensed physician,
dentist, podiatrist, or veterinarian.
3)Makes it a crime to transport for sale specified controlled
substances unless upon the written prescription of a licensed
physician, dentist, podiatrist, or veterinarian.
4)Defines "prescription" for purposes of the Controlled
Substances Act (CSA), as "an oral order or electronic
transmission prescription for a controlled substance given
individually for the person(s) for whom prescribed, directly
from the prescriber to the furnisher or indirectly by means of
a written order of the prescriber."
5)Defines "ultimate user" for purposes of the CSA, as "a person
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who lawfully possesses a controlled substance for his own use
or for the use of a member of his household or for
administering to an animal owned by him or by a member of his
household."
6)Defines "agent" for purposes of the CSA, as "an authorized
person who acts on behalf of or at the direction of a
manufacturer, distributor, or dispenser. It does not include
a common or contract carrier, public warehouseman, or employee
of the carrier or warehouseman."
7)Provides that a dangerous drug sold or delivered to a person
within California shall be transferred, sold or delivered only
to:
a) An entity licensed by the Pharmacy Board;
b) A manufacturer;
c) An ultimate user; or
d) The ultimate user's agent.
8)States that no person shall possess any controlled substance,
except that furnished to a person upon the prescription of a
physician, dentist, podiatrist, veterinarian, or other
specified persons in the medical field.
9)States that no prescription for a controlled substance shall
be furnished to any person unknown and unable to properly
establish his or her identity.
10)Allows the Pharmacy Board to establish procedures to prevent
unauthorized persons from receiving prescription drugs
furnished to a patient or a representative of the patient.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "AB 2603 was introduced as a
result of a recent court ruling filed January 3, 2014, People v.
Carboni, in which the presiding judge ruled that only
prescription holders can possess and transport their
prescription drugs. For many ill people who are immobile, or
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lack transportation, this ruling could be problematic because
there is no defense or protections for the person who is trying
to help them get their medication from the pharmacy. This is a
serious concern for the many seniors who live in my rural and
medically underserved district, where it is not uncommon for a
person to rely on a family member, friend, or caretaker to
pick-up his/her prescription drugs.
"The Carboni ruling would in effect criminalize the act of
possession and/or transport of prescription drugs, even for the
purpose of simply trying to get those medications to the person
who needs them. People who are trying to do a good deed for an
infirm family member or friend should not be punished for trying
to help. By adding clarity to Health and Safety code sections
11350 and 11377, AB 2603 helps ensure that ill people who must
rely on someone to get them their meds can do so without fear.
"Moreover, this bill will address an existing conflict between
the Business & Professions code (4059.5), which allows a
pharmacist to dispense prescription drugs to the patient's agent
or representative, and the Health & Safety code, which provides
no protections, or defense, for the patient's agent when in
possession of such medication. This bill will not protect
someone who is found to have the intention to sell the drugs, or
who is abusing drugs that were not prescribed to them,
regardless if they ultimately delivered the drugs to the
prescription holder."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0003124