BILL NUMBER: AB 2018 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Thomson and Runner
(Coauthors: Assembly Members Aanestad and Aroner)
FEBRUARY 18, 2000
An act to amend Sections 11164 and 11165 of, and to repeal
Sections 11161, 11167, 11167.5, and 11169 of, the Health and Safety
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2018, as introduced, Thomson. Controlled substances: Schedule
II: triplicate prescription.
Existing law provides that no person shall prescribe a controlled
substance, nor shall any person fill, compound, or dispense such a
prescription unless it complies with specified requirements, one of
which is that prescriptions for Schedule II controlled substances
shall be prepared in triplicate. The Department of Justice is
required to issue these triplicate prescriptions to any practitioner
authorized to write a prescription for Schedule II controlled
substances.
This bill would eliminate the triplicate prescription requirement
for Schedule II controlled substances. The bill would make
conforming changes to related provisions.
Existing law provides for the electronic monitoring of the
prescribing and dispensing of Schedule II controlled substances
pursuant to the Controlled Substance Utilization Review and
Evaluation System (CURES) program, as specified. The program is
scheduled to become inoperative on July 1, 2003.
This bill would continue the program indefinitely by repealing its
repeal date.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11161 of the Health and Safety Code is
repealed.
11161. (a) Prescription blanks shall be issued by the Department
of Justice in serially numbered groups of not more than 100 forms
each in triplicate, and shall be furnished to any practitioner
authorized to write a prescription for controlled substances
classified in Schedule II. The Department of Justice may charge a
fee for the prescription blanks sufficient to reimburse the
department for the actual costs associated with the preparation,
processing, and filing of any forms issued pursuant to this section.
The prescription blanks shall not be transferable. The Department
of Justice shall not, during any 30-day period, issue more than 100
triplicate prescription blanks to any authorized practitioner, until
written justification has been received and approved by the
Department of Justice. Any person possessing a triplicate
prescription blank otherwise than as provided in this section is
guilty of a misdemeanor.
(b) When a practitioner is named in a warrant of arrest or is
charged in an accusatory pleading with a felony violation of Section
11153, 11154, 11156, 11157, 11170, 11173, 11350, 11351, 11352, 11353,
11353.5, 11377, 11378, 11378.5, 11379, 11379.5, or 11379.6, the
court in which the accusatory pleading is filed or the magistrate who
issued the warrant of arrest shall, upon the motion of a law
enforcement agency which is supported by reasonable cause, issue an
order which requires the practitioner to surrender to the clerk of
the court all triplicate prescription blanks in the practitioner's
possession at a time set in the order and shall direct the Department
of Justice to withhold prescription blanks from the practitioner.
The law enforcement agency obtaining the order shall notify the
Department of Justice of this order. Except as provided in
subdivisions (c) and (f) of this section, the order shall remain in
effect until further order of the court. Any practitioner possessing
prescription blanks in violation of the order is guilty of a
misdemeanor.
(c) The order provided by subdivision (b) shall be vacated if the
court or magistrate finds that the underlying violation or violations
are not supported by reasonable cause at a hearing held within two
court days after the practitioner files and personally serves upon
the prosecuting attorney and the law enforcement agency that obtained
the order, a notice of motion to vacate the order with any
affidavits on which the practitioner relies. At the hearing, the
burden of proof, by a preponderance of the evidence, is on the
prosecution. Evidence presented at the hearing shall be limited to
the warrant of arrest with supporting affidavits, the motion to
require the defendant to surrender all triplicate prescription blanks
with supporting affidavits, the sworn complaint together with any
documents or reports incorporated by reference thereto which, if
based on information and belief, state the basis for the information,
or any other documents of similar reliability as well as affidavits
and counter affidavits submitted by the prosecution and defense.
Granting of the motion to vacate the order is no bar to prosecution
of the alleged violation or violations.
(d) The defendant may elect to challenge the order issued under
subdivision (b) at the preliminary examination. At that hearing, the
evidence shall be limited to that set forth in subdivision (c) and
any other evidence otherwise admissible at the preliminary
examination.
(e) If the practitioner has not moved to vacate the order issued
under subdivision (b) by the time of the preliminary examination and
he or she is held to answer on the underlying violation or
violations, the practitioner shall be precluded from afterwards
moving to vacate the order. If the defendant is not held to answer
on the underlying charge or charges at the conclusion of the
preliminary examination, the order issued under subdivision (b) shall
be vacated.
(f) Notwithstanding subdivision (e), any practitioner who is
diverted pursuant to Chapter 2.5 (commencing with Section 1000) of
Title 7 of Part 2 of the Penal Code may file a motion to vacate the
order issued under subdivision (b).
SEC. 2. Section 11164 of the Health and Safety Code is amended to
read:
11164. Except as provided in Section 11167, no person shall
prescribe a controlled substance, nor shall any person fill,
compound, or dispense such a prescription unless it complies with the
requirements of this section.
(a) Each prescription for a controlled substance
classified in Schedule II shall be wholly written in ink or indelible
pencil in the handwriting of the prescriber upon the official
prescription form issued by the Department of Justice. Each
prescription shall be prepared in triplicate, signed, and dated by
the prescriber, and shall contain the name and address of the person
for whom the controlled substance is prescribed, the name, quantity,
and strength of the controlled substance prescribed, directions for
use, and the address, category of professional licensure, and the
federal controlled substance registration number of the prescriber.
The original and duplicate of the prescription shall be delivered to
the pharmacist filling the prescription. The duplicate shall be
retained by the pharmacist and the original, properly endorsed by the
pharmacist with the name and address of the pharmacy, the pharmacy's
state license number, the date the prescription was filled and the
signature of the pharmacist, shall be transmitted to the Department
of Justice at the end of the month in which the prescription was
filled. Upon receipt of an incompletely prepared official
prescription form of the Department of Justice, the pharmacist may
enter on the face of the prescription the address of the patient.
(b) Each prescription for a controlled substance
classified in Schedule II, III, IV, or V, except as
authorized by subdivision (c), shall be subject to the following
requirements:
(1) The prescription shall be signed and dated by the prescriber
and shall contain the name of the person for whom the controlled
substance is prescribed, the name and quantity of the controlled
substance prescribed, and directions for use. With respect to
prescriptions for controlled substances classified in Schedules III
and IV, the signature, date, and information required by this
paragraph shall be wholly written in ink or indelible pencil in the
handwriting of the prescriber.
(2) In addition, the prescription shall contain the name, address,
telephone number, category of professional licensure, and federal
controlled substance registration number of the prescriber. The
information required by this paragraph shall be either preprinted
upon the prescription blank, typewritten, rubber stamped, or printed
by hand. Notwithstanding any provision in this section, the
prescriber's address, telephone number, category of professional
licensure, or federal controlled substances registration number need
not appear on the prescription if that information is readily
retrievable in the pharmacy.
(3) The prescription shall also contain the address of the person
for whom the controlled substance is prescribed. If the prescriber
does not specify this address on the prescription, the pharmacist
filling the prescription or an employee acting under the direction of
the pharmacist shall write or type the address on the prescription
or maintain this information in a readily retrievable form in the
pharmacy.
(c)
(b) Any controlled substance classified in Schedule II,
III, IV, or V may be dispensed upon an oral or electronically
transmitted prescription, which shall be reduced to writing by the
pharmacist filling the prescription or by any other person expressly
authorized by provisions of the Business and Professions Code. The
date of issue of the prescription and all the information required
for a written prescription by subdivision (b) shall be included in
the written record of the prescription. The pharmacist need not
reduce to writing the address, telephone number, license
classification, or federal registry number of the prescriber or the
address of the patient if that information is readily retrievable in
the pharmacy. Pursuant to authorization of the prescriber, any
employee of the prescriber on behalf of the prescriber may orally or
electronically transmit a prescription for a controlled substance
classified in Schedule II, III, IV, or V, if in these
cases the written record of the prescription required by this
subdivision specifies the name of the employee of the prescriber
transmitting the prescription.
(d)
(c) The use of commonly used abbreviations shall not
invalidate an otherwise valid prescription.
(e)
(d) Notwithstanding any provision of subdivisions (a)
and (b) and (c) , prescriptions for a
controlled substance classified in Schedule V may be for more than
one person in the same family with the same medical need.
(f) In addition to the prescriber's record required by Section
11190, any practitioner dispensing a controlled substance classified
in Schedule II in accordance with subdivision (b) of Section 11158
shall prepare a written record thereof on the official forms issued
by the Department of Justice, pursuant to Section 11161, and shall
transmit the original to the Department of Justice in accordance with
any rules that the department may adopt for completion and
transmittal of the forms.
SEC. 3. Section 11165 of the Health and Safety Code is amended to
read:
11165. (a) To assist law enforcement and regulatory agencies in
their efforts to control the diversion and resultant abuse of
Schedule II controlled substances, and for statistical analysis,
education, and research, the Department of Justice shall, contingent
upon the availability of adequate funds, establish the Controlled
Substance Utilization Review and Evaluation System (CURES) for the
electronic monitoring of the prescribing and dispensing of Schedule
II controlled substances by all practitioners authorized to prescribe
or dispense these controlled substances. CURES shall be
implemented as a pilot project, commencing on July 1, 1997, to be
administered concurrently with the existing triplicate prescription
process, to examine the comparative efficiencies between the two
systems.
(b) The CURES pilot project Program
shall operate under existing provisions of law to safeguard the
privacy and confidentiality of patients. Data obtained from CURES
shall only be provided to appropriate state, local, and federal
persons or public agencies for disciplinary, civil, or criminal
purposes and to other agencies or entities, as determined by the
Department of Justice, for the purpose of educating practitioners and
others in lieu of disciplinary, civil, or criminal actions. Data
may be provided to public or private entities, as approved by the
Department of Justice, for educational, peer review, statistical, or
research purposes, provided that patient information, including any
information that may identify the patient, is not compromised.
Further, data disclosed to any individual or agency as described in
this subdivision, shall not be disclosed, sold, or transferred to any
third party.
(c) The Department of Justice, in consultation with the
Board of Pharmacy, shall submit a report to the Legislature by
January 1, 1999, with annual updates also due January 1, 2000, 2001,
and 2002, on the CURES pilot project. Specifically, these reports
shall assess the ability of CURES to provide complete, accurate, and
timely data on Schedule II controlled substances prescribed and
dispensed in California, the effectiveness of this information in
investigating and prosecuting individuals suspected of diversion
activities, and the feasibility of replacing the current triple-copy
prescription form with a single-copy serialized prescription form to
reduce existing administrative burdens. Further, the report shall
make recommendations regarding the replacement of the existing
triplicate prescription process with CURES, and funding alternatives
for ongoing system support.
(d) The sum of one million fifty thousand dollars
($1,050,000) is hereby appropriated from the Pharmacy Board
Contingent Fund to the Board of Pharmacy for the purpose of entering
into an interagency agreement with the Department of Justice for the
implementation, operation, and evaluation of CURES.
(e) This section shall become inoperative on July 1, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2004, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 11167 of the Health and Safety Code is repealed.
11167. Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to issue a prescription may result in loss of
life or intense suffering, an order for a Schedule II controlled
substance may be dispensed on an oral, written, or electronic data
transmission order, subject to all of the following requirements:
(a) The order contains all information required by subdivision (a)
of Section 11164.
(b) Any written order is signed and dated by the prescriber in
indelible pencil or ink, and the pharmacy reduces any oral or
electronic data transmission order to writing prior to actually
dispensing the controlled substance.
(c) The prescriber provides a triplicate prescription, completed
as provided by subdivision (a) of Section 11164, by the seventh day
following the transmission of the initial order; a postmark by the
seventh day following transmission of the initial order shall
constitute compliance.
(d) If the prescriber fails to comply with subdivision (c), the
pharmacy shall so notify the Bureau of Narcotic Enforcement in
writing within 144 hours of the prescriber's failure to do so and
shall make and retain a written, readily retrievable record of the
prescription, including the date and method of notification of the
Bureau of Narcotic Enforcement.
SEC. 5. Section 11167.5 of the Health and Safety Code is repealed.
11167.5. (a) An order for a controlled substance classified in
Schedule II in a licensed skilled nursing facility, an intermediate
care facility, or a licensed home health agency providing hospice
care may be dispensed upon an oral or electronically transmitted
prescription. Prior to filling the prescription, the pharmacist
shall reduce it to writing in ink or indelible pencil in the
handwriting of the pharmacist upon an official prescription form
issued by the Department of Justice for that purpose. The
prescriptions shall be prepared in triplicate and shall contain the
date the prescription was orally or electronically transmitted by the
prescriber, the name of the person for whom the prescription was
authorized, the name and address of the licensed facility or home
health agency providing hospice care in which that person is a
patient, the name and quantity of the controlled substance
prescribed, the directions for use, and the name, address, category
of professional licensure, and federal controlled substance
registration number of the prescriber. The duplicate shall be
retained by the pharmacist, and the triplicate shall be forwarded to
the prescriber by the end of the month in which the prescription was
issued. The original shall be properly endorsed by the pharmacist
with the pharmacy's state license number, the signature of the
pharmacist, the name and address of the pharmacy, and the signature
of the person who received the controlled substances for the licensed
facility or home health agency providing hospice care and shall be
forwarded by the pharmacist to the Department of Justice at the end
of the month in which the prescription was filled. A skilled nursing
facility, intermediate care facility, or licensed home health agency
providing hospice care shall forward to the dispensing pharmacist a
copy of any signed telephone orders, chart orders, or related
documentation substantiating each oral or electronically transmitted
prescription transaction under this section.
(b) For the purposes of this section, "hospice care" means
interdisciplinary health care which is designed to alleviate the
physical, emotional, social, and spiritual discomforts of an
individual who is experiencing the last phases of a terminal disease
and to provide supportive care for the primary care person and the
family of the patient under hospice care.
SEC. 6. Section 11169 of the Health and Safety Code is repealed.
11169. When codeine, or dihydrocodeinone or tincture opii
camphorata (paregoric) is not combined with other medicinal
ingredients, it shall be prescribed on the official triplicate
blanks.