BILL ANALYSIS
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 2018
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2018 (Thomson)
As Amended August 18, 2000
Majority vote
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|ASSEMBLY: | |(May 30, 2000) |SENATE: |27-0 |(August 31, |
| | | | | |2000) |
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(vote not relevant)
Original Committee Reference: HEALTH
SUMMARY : Revises existing prescription requirements for
Schedule II controlled substances by permitting practitioners to
receive more than 100 triplicate prescription blanks in a 30 day
period, permitting triplicate prescriptions to be typewritten by
the physician or his or her employee, and permitting
practitioners to fax or mail corrections of triplicate
prescriptions to the pharmacist.
The Senate amendments deleted the Assembly version of this bill,
and instead permit:
1)A practitioner to orally, electronically, or in writing
request triplicate prescription blanks in an amount larger
than 100 forms, and repeal provisions of law prohibiting the
Department of Justice (DOJ) from issuing more than 100
triplicate prescription blanks to a practitioner during any
30-day period.
2)Triplicate prescription forms to be either typewritten or
handwritten by the physician or his or her employee, as long
as the signature of the prescriber is handwritten on each
prescription form.
3)A pharmacist to fill a Schedule II controlled substance
containing an error or errors, if the pharmacist notifies the
prescriber of the error or errors and the prescriber approves
any correction. Require the prescriber to fax or mail a
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 2018
Page 2
correction to the pharmacist within seven days of the
prescription being dispensed.
EXISTING LAW :
1)Prohibits any person from furnishing any dangerous drug or
device except upon the prescription of a physician, dentist,
podiatrist, optometrist or veterinarian.
2)Establishes the California Uniform Controlled Substances Act,
which lists controlled substances in five schedules, with
Schedule I containing substances with the highest restrictions
(generally illegal), and Schedule V the least restrictive.
Schedule II substances are generally the most dangerous
substances that can still be legally prescribed (e.g.,
morphine, Demerol, and Percodan).
3)Requires each prescription for a controlled substance
classified in Schedule II to be wholly written in ink or
indelible pencil in the handwriting of the prescriber upon an
official prescription form, in triplicate, issued by DOJ.
Requires the original and duplicate of the prescription to be
delivered to the pharmacist filling the prescription.
Requires the duplicate to be retained by the pharmacist, and
the original to be transmitted to DOJ at the end of the month
in which the prescription was filled.
4)Requires triplicate prescription blanks to be issued by DOJ in
serially numbered groups of not more than 100 forms each.
5)Establishes the CURES Pilot Project within DOJ for the
electronic monitoring of the prescribing and dispensing of
Schedule II controlled substance in order to assist law
enforcement and regulatory agencies in their efforts to
control the diversion and resultant abuse of Schedule II
controlled substances. The CURES Pilot Project was
established on July 1, 1997, and is required to be
administered concurrently with the existing triplicate
prescription process to examine the comparative efficiencies
between the two systems.
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 2018
Page 3
AS PASSED BY THE ASSEMBLY , this bill repealed, on January 1,
2003, the requirement that Schedule II controlled substances be
written on an official prescription form issued by DOJ, and
repealed the sunset date of CURES Pilot Project within DOJ,
thereby making this program permanent.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, triplicate prescriptions are
an administrative hassle for prescribers and can result in
inadequate relief for patients in pain. The author states that
for patients, pain management is frequently reported to be poor,
and the author argues that triplicates interfere with the
patient-physician relationship. The author states that
researchers have found that multiple copy prescription programs
result in prescribers substituting drugs that do not require a
triplicate for those that do. The author further asserts that
many physicians do not have the full range of tools necessary to
treat patients with severe pain because they do not have
triplicate forms. According to the author, only 40,333 of the
74,518 California-licensed physicians with Schedule II
privileges had triplicates issued to them.
The author's office states that this bill would reduce some of
the administrative hassles involved in writing triplicate
prescriptions for Schedule II substances. This bill lifts the
cap on the number of triplicate prescription blanks that can be
issued to a physician, which the author argues is too low for
physicians who specialize in pain management or treatment of
cancer patients. This bill also permits a physician with a busy
practice and/or illegible handwriting to either type the
triplicate prescription or have an employee type or write the
prescription, as long as the physician signs the prescription.
Finally, the author states that this bill allows a pharmacist to
fill a triplicate prescription that contains an error if the
physician approves any correction and faxes or mails a corrected
prescription within seven days.
Subject matter was not heard in Assembly policy committee this
legislative
Session, should be noted in the last paragraph of the background
section of the
CSA analysis. Language will vary depending on the circumstance.
AB 2018
Page 4
Analysis Prepared by : Vincent D. Marchand / HEALTH / (916)
319-2097
FN:
0007350