BILL NUMBER: AB 2018 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2000
AMENDED IN ASSEMBLY APRIL 5, 2000
INTRODUCED BY Assembly Members Thomson, Runner, and Migden
(Coauthors: Assembly Members Aanestad, Aroner, Bates, Cardenas,
Cox, Honda, and Strom-Martin)
(Coauthor: Senator Bowen)
FEBRUARY 18, 2000
An act to amend Section 11165 of, to amend and repeal
Sections 11159.2, 11161, 11162, 11162.5, 11163, 11168, and 11169 of,
and to amend, repeal, and add Sections 11158, 11164,
11165, 11167, and 11167.5 of, and to repeal Sections 11159.2, 11161,
11162, 11162.5, 11163, 11168, and 11169 11167, and
11167.5 of, the Health and Safety Code, relating to controlled
substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2018, as amended, Thomson. Controlled substances: Schedule
II: triplicate prescription.
(1) 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. Existing law also imposes
specified printing and distribution requirements on prescription
blanks, provides that it is a crime to counterfeit or knowingly
possess official prescription blanks, limits the number of
prescription blank groups issued to an individual prescriber by the
Department of Justice, requires the retention of a prescriber's
prescription book for 3 years, and provides that, subject to a
specified alternate procedure and related requirements, a
prescription for a Schedule II drug for use by a terminally ill
patient is exempt from specified reporting requirements.
This bill would , as of January 1, 2003, eliminate the
triplicate prescription requirement for Schedule II controlled
substances . The bill would , make
conforming changes to related provisions , and
would as of that date repeal specified printing
and distribution requirements applicable to prescription blanks for
Schedule II and other drugs, provisions making it a crime to
counterfeit or knowingly possess prescription blanks, the 3-year
recordkeeping requirement described above , and the
alternate Schedule II prescribing procedure applicable to terminally
ill patients.
(2) 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 11158 of the Health and Safety Code is amended
to read:
SECTION 1. Section 11158 of the Health and Safety Code is amended
to read:
11158. (a) Except as provided in Section 11159 or in subdivision
(b) of this section, no controlled substance classified in Schedule
II shall be dispensed without a prescription meeting the requirements
of this chapter. Except as provided in Section 11159 or when
dispensed directly to an ultimate user by a practitioner, other than
a pharmacist or pharmacy, no controlled substance classified in
Schedule III, IV, or V may be dispensed without a prescription
meeting the requirements of this chapter.
(b) A practitioner specified in Section 11150 may dispense
directly to an ultimate user a controlled substance classified in
Schedule II in an amount not to exceed a 72-hour supply for the
patient in accordance with directions for use given by the dispensing
practitioner only where the patient is not expected to require any
additional amount of the controlled substance beyond the 72 hours.
Practitioners dispensing drugs pursuant to this subdivision shall
meet the requirements of subdivision (f) of Section 11164.
(c) Except as otherwise prohibited or limited by law, a
practitioner specified in Section 11150, may administer controlled
substances in the regular practice of his or her profession.
(d) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 2. Section 11158 is added to the Health and Safety Code, to
read:
11158. (a) Except as provided in Section 11159 or in subdivision
(b) of this section, no controlled substance classified in Schedule
II shall be dispensed without a prescription meeting the requirements
of this chapter. Except as provided in Section 11159 or when
dispensed directly to an ultimate user by a practitioner, other than
a pharmacist or pharmacy, no controlled substance classified in
Schedule III, IV, or V may be dispensed without a prescription
meeting the requirements of this chapter.
(b) A practitioner specified in Section 11150 may dispense
directly to an ultimate user a controlled substance classified in
Schedule II in an amount not to exceed a 72-hour supply for the
patient in accordance with directions for use given by the dispensing
practitioner only where the patient is not expected to require any
additional amount of the controlled substance beyond the 72 hours.
(c) Except as otherwise prohibited or limited by law, a
practitioner specified in Section 11150, may administer controlled
substances in the regular practice of his or her profession.
(d) This section shall become operative on January 1, 2003.
SEC. 2. Section 11159.2 of the Health and Safety Code is repealed.
SEC. 3. Section 11161 of the Health and Safety Code is repealed.
SEC. 4. Section 11162 of the Health and Safety Code is repealed.
SEC. 5. Section 11162.5 of the Health and Safety Code is repealed.
SEC. 6. Section 11163 of the Health and Safety Code is repealed.
SEC. 7. Section 11164 of the Health and Safety Code is amended to
read:
SEC. 3. Section 11159.2 of the Health and Safety Code is amended
to read:
11159.2. (a) Notwithstanding any other provision of law, a
prescription for a Schedule II controlled substance for use by a
patient who has a terminal illness shall not be subject to Section
11164.
(b) (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. 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) The prescription shall also contain the address of the person
for whom the controlled substance is prescribed, as provided in
paragraph (3) of subdivision (b) of Section 11164, and shall contain
the name, address, telephone number, category of professional
licensure, and federal controlled substance registration number of
the prescriber, as provided in paragraph (2) of subdivision (b) of
Section 11164.
(3) The prescription shall also indicate that the prescriber has
certified that the patient is terminally ill by the words "11159.2
exemption."
(c) A pharmacist may fill a prescription pursuant to this section
when there is a technical error in the certification required by
paragraph (3) of subdivision (b), provided that he or she has
personal knowledge of the patient's terminal illness, and
subsequently returns the prescription to the prescriber for
correction within 72 hours.
(d) For purposes of this section, "terminally ill" means a patient
who meets all of the following conditions:
(1) In the reasonable medical judgment of the prescribing
physician, the patient has been determined to be suffering from an
illness that is incurable and irreversible.
(2) In the reasonable medical judgment of the prescribing
physician, the patient's illness will, if the illness takes its
normal course, bring about the death of the patient within a period
of one year.
(3) The patient's treatment by the physician prescribing a
Schedule II controlled substance pursuant to this section primarily
is for the control of pain, symptom management, or both, rather than
for cure of the illness.
(e) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 4. Section 11161 of the Health and Safety Code is amended to
read:
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).
(g) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 5. Section 11162 of the Health and Safety Code is amended to
read:
11162. (a) The prescription blanks shall be printed on
distinctive paper, the serial number of the group being shown on
each form, and each form being serially numbered. The prescription
blanks shall bear the preprinted name, address, and category of
professional licensure of the practitioner to whom they are issued,
and the federal registry number for controlled substances.
(b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 6. Section 11162.5 of the Health and Safety Code is amended
to read:
11162.5. (a) Every person who counterfeits a prescription blank
purporting to be an official prescription blank prepared and issued
pursuant to Section 11161, or knowingly possesses more than three
such counterfeited prescription blanks, shall be punished by
imprisonment in the state prison or by imprisonment in the county
jail for not more than one year.
(b) Every person who knowingly possesses three or fewer
counterfeited prescription blanks purporting to be official
prescription blanks prepared and issued pursuant to Section 11161,
shall be guilty of a misdemeanor punishable by imprisonment in the
county jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both.
(c) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 7. Section 11163 of the Health and Safety Code is amended to
read:
11163. (a) Not more than one such prescription group
shall in any case be issued or furnished by the Department of Justice
to the same prescriber at one time.
(b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 8. 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 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) Any controlled substance classified in Schedule 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 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) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(e) Notwithstanding any provision of subdivisions (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.
(g) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 9. Section 11164 is added to the Health and Safety Code, 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, III, IV, or V, except as authorized by subdivision (b),
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. Prescriptions for
controlled substances classified in Schedules II, III, and IV shall
include the signature, date, and information required by this
paragraph, and 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.
(b) Any controlled substance classified in Schedule 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 (a) 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 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.
(c) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(d) Notwithstanding any provision of subdivisions (a) and (b),
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.
(e) This section shall become operative on January 1, 2003.
SEC. 8.
SEC. 10. 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.
(b) The CURES Program 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.
SEC. 9. Section 11167 of the Health and Safety Code is amended to
read:
SEC. 11. Section 11167 of the Health and Safety Code is amended to
read:
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.
(e) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 12. Section 11167 is added to the Health and Safety Code, to
read:
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 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) The pharmacy reduces any oral or electronic data transmission
order to writing prior to actually dispensing the controlled
substance.
(c) The prescriber provides a written 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.
(e) This section shall become operative on January 1, 2003.
SEC. 10. Section 11167.5 of the Health and Safety Code is amended
to read:
SEC. 13. Section 11167.5 of the Health and Safety Code is amended
to read:
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.
(c) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 14. Section 11167.5 is added to the Health and Safety Code,
to read:
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. The prescriptions 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 prescription shall be
retained by the pharmacist, and 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.
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.
(c) This section shall become operative on January 1, 2003.
SEC. 11. Section 11168 of the Health and Safety Code is repealed.
SEC. 12. Section 11169 of the Health and Safety Code is repealed.
SEC. 15. Section 11168 of the Health and Safety Code is amended to
read:
11168. (a) The prescription book containing the
prescriber's copies of prescriptions issued shall be retained by the
prescriber which shall be preserved for three years.
(b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 16. Section 11169 of the Health and Safety Code is amended to
read:
11169. (a) 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.
(b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.