California Senate Bill SB482 Amended / Bill

 BILL NUMBER: SB 482AMENDED BILL TEXT AMENDED IN SENATE APRIL 30, 2015 AMENDED IN SENATE APRIL 16, 2015 INTRODUCED BY Senator Lara FEBRUARY 26, 2015 An act to add Section 11165.4 to the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGEST SB 482, as amended, Lara. Controlled substances: CURES database. Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (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. Existing law requires dispensing pharmacies and clinics to report specified information for each prescription of a Schedule II, Schedule III, or Schedule IV controlled substance to the department. This bill would require all prescribers, as defined, prescribing a Schedule II or Schedule III controlled substance,  and all dispensers, as defined, dispensing a Schedule II or Schedule III controlled substance,  to consult a patient's electronic history in the CURES database before prescribing  or dispensing  the controlled substance to the patient for the first time. The bill would also require the prescriber to consult the CURES database at least annually when the prescribed controlled substance remains part of the patient's treatment. The bill would prohibit prescribing an additional Schedule II or Schedule III controlled substance to a patient with an existing prescription until the prescriber determines that there is a legitimate need for the controlled substance. The bill would make the failure to consult a patient's electronic history in the CURES database a cause for disciplinary action by the prescriber's  or dispenser's  licensing board and would require the  respective licensing boards   licensing boards  to notify all  licensees   prescribers  authorized to prescribe  or dispense  controlled substances of these requirements. The bill would provide that a prescriber  or dispenser  is not in violation of these requirements during any time that the CURES database is suspended or not accessible, or during any time that the Internet is not operational. The bill would make its provisions operative upon the Department of Justice's certification that the CURES database is ready for statewide use. 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 11165.4 is added to the Health and Safety Code, to read: 11165.4. (a) A prescriber shall access and consult the CURES database for the electronic history of controlled substances dispensed to a patient under his or her care before prescribing a Schedule II or Schedule III controlled substance for the first time to that patient and at least annually when that prescribed controlled substance remains part of his or her treatment. If the patient has an existing prescription for a Schedule II or Schedule III controlled substance, the prescriber shall not prescribe an additional controlled substance until the prescriber determines that there is a legitimate need for that controlled substance.  (b) A dispenser shall access and consult the CURES database for the electronic history of controlled substances dispensed to a patient under his or her care before dispensing a Schedule II or Schedule III controlled substance for the first time to that patient. If the patient has an existing prescription for a Schedule II or Schedule III controlled substance, the dispenser shall not dispense an additional controlled substance until the dispenser checks the CURES database.   (c)   (b)  Failure to consult a patient's electronic history as required by subdivision (a)  or (b)  is cause for disciplinary action by the  respective licensing board of the prescriber or dispenser   prescriber's licensing board  . The licensing boards of all prescribers  and dispensers  authorized to write or issue prescriptions for controlled substances shall notify these licensees of the requirements of this section.  (d)   (c)  Notwithstanding any other law, a prescriber  or dispenser  is not in violation of this section during any period of time in which the CURES database is suspended or not accessible or any period of time in which the Internet is not operational.  (e)   (d)  This section shall not become operative until the Department of Justice certifies that the CURES database is ready for statewide use.  (f)   (e)  For purposes of this section,  the following terms shall have the following meanings:   "prescriber" means a health care practitioner who is authorized to write or issue prescriptions under Section 11150, excluding veterinarians.   (1) "Dispenser" means a person who is authorized to dispense a controlled substance under Section 11011.   (2) "Prescriber" means a health care practitioner who is authorized to write or issue prescriptions under Section 11150, excluding veterinarians.   (g)   (f)  A violation of this section shall not be subject to the provisions of Section 11374.