Amended IN Assembly April 19, 2017 Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1048Introduced by Assembly Member ArambulaFebruary 16, 2017 An act to add Section 4052.10 to the Business and Professions Code, and to amend Section 1254.7 of, and to add Section 1254.8 to, of the Health and Safety Code, relating to health care. LEGISLATIVE COUNSEL'S DIGESTAB 1048, as amended, Arambula. Health care: pain management and Schedule II drug prescriptions.(1) The Pharmacy Law provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law specifies the functions pharmacists are authorized to perform, including to administer, orally or topically, drugs and biologicals pursuant to a prescribers order, and to administer immunizations pursuant to a protocol with a prescriber. A violation of the Pharmacy Law is a crime.This bill would authorize a pharmacist to dispense a Schedule II controlled substance as a partial fill if requested by the patient or the prescribing physician. prescriber. The bill would require the pharmacy to retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed, and would impose notification requirements on the pharmacy. The bill would require the pharmacy to collect the copayment, if any, for the entire prescription at the time of the first partial fill and would prohibit a pharmacy from charging an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills. By creating a new crime, this bill would impose a state-mandated local program.(2) Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to, facility, as a condition of licensure, to include pain as an item to be assessed at the same time vital signs are taken and to ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. Violation of these provisions is a crime.This bill would remove the requirement that pain be assessed at the same time as vital signs. The bill would also prohibit a general acute care hospital or acute psychiatric hospital from in any way conditioning or basing executive compensation, as defined, on patient satisfaction measurements for pain management. By creating a new crime, this bill would impose a state-mandated local program.The (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4052.10 is added to the Business and Professions Code, to read:4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescribing physician. prescriber.(b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed.(c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the first partial fill. Thirty-one days after the initial partial fill on a prescription, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription.(d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed.(e) The pharmacist shall notify the prescriber that the prescription was partially filled and the amount of the drug that was dispensed in one of the following ways:(1) A notation in the patients interoperable electronic health record.(2) An electronic or facsimile transmission.(3) A notation in the patients record at the pharmacy that is available to the prescriber upon request.(f) (1) A pharmacy shall collect the copayment, if any, for the entire prescription at the time of the first partial fill. No additional money shall be collected for later dispensing, up to the full prescription amount.(2) A pharmacist shall not charge an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills.(g) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance.(h) For purposes of this section, the following definitions apply:(1) Original prescription means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy.(2) Partial fill means a part of a prescription filled that is of a quantity less that the entire prescription.SEC. 2. Section 1254.7 of the Health and Safety Code is amended to read:1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.(b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patients chart.SEC. 3.Section 1254.8 is added to the Health and Safety Code, to read:1254.8.(a)A health facility shall not in any way condition or base executive compensation on patient satisfaction measurements for pain management.(b)A scheme or artifice that has the purpose of avoiding the limitation established in subdivision (a) shall be a violation of this section.(c)For purposes of this section, the following definitions shall apply:(1)(A)Executive compensation means compensation or any tangible employment benefit to chief executive officers, executives, managers, and administrators of hospitals, including, but not limited to, wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; below market rate loans or loan forgiveness; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; housing, automobiles, parking, or similar benefits; scholarships or fellowships; payment for dependent care or adoption assistance; payment of personal legal or financial services; stock options or awards; and deferred compensation earned or accrued, even if not yet vested or paid.(B)Executive compensation does not include a benefit or remuneration to the extent that the inclusion of that benefit or remuneration is preempted by federal law or violates the state or federal constitution.(2)Pain management means the prevention, diagnosis, and treatment of pain.(3)Patient satisfaction measurement means a survey, questionnaire, poll, audit, or other instrument or process that collects or measures patient-reported outcomes or patient feelings about the medical care provided at the hospital, including, but not limited to, satisfaction with professional staff, service, and facilities.SEC. 4.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly April 19, 2017 Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1048Introduced by Assembly Member ArambulaFebruary 16, 2017 An act to add Section 4052.10 to the Business and Professions Code, and to amend Section 1254.7 of, and to add Section 1254.8 to, of the Health and Safety Code, relating to health care. LEGISLATIVE COUNSEL'S DIGESTAB 1048, as amended, Arambula. Health care: pain management and Schedule II drug prescriptions.(1) The Pharmacy Law provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law specifies the functions pharmacists are authorized to perform, including to administer, orally or topically, drugs and biologicals pursuant to a prescribers order, and to administer immunizations pursuant to a protocol with a prescriber. A violation of the Pharmacy Law is a crime.This bill would authorize a pharmacist to dispense a Schedule II controlled substance as a partial fill if requested by the patient or the prescribing physician. prescriber. The bill would require the pharmacy to retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed, and would impose notification requirements on the pharmacy. The bill would require the pharmacy to collect the copayment, if any, for the entire prescription at the time of the first partial fill and would prohibit a pharmacy from charging an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills. By creating a new crime, this bill would impose a state-mandated local program.(2) Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to, facility, as a condition of licensure, to include pain as an item to be assessed at the same time vital signs are taken and to ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. Violation of these provisions is a crime.This bill would remove the requirement that pain be assessed at the same time as vital signs. The bill would also prohibit a general acute care hospital or acute psychiatric hospital from in any way conditioning or basing executive compensation, as defined, on patient satisfaction measurements for pain management. By creating a new crime, this bill would impose a state-mandated local program.The (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 19, 2017 Amended IN Assembly March 21, 2017
Amended IN Assembly April 19, 2017
Amended IN Assembly March 21, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1048
Introduced by Assembly Member ArambulaFebruary 16, 2017
Introduced by Assembly Member Arambula
February 16, 2017
An act to add Section 4052.10 to the Business and Professions Code, and to amend Section 1254.7 of, and to add Section 1254.8 to, of the Health and Safety Code, relating to health care.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1048, as amended, Arambula. Health care: pain management and Schedule II drug prescriptions.
(1) The Pharmacy Law provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law specifies the functions pharmacists are authorized to perform, including to administer, orally or topically, drugs and biologicals pursuant to a prescribers order, and to administer immunizations pursuant to a protocol with a prescriber. A violation of the Pharmacy Law is a crime.This bill would authorize a pharmacist to dispense a Schedule II controlled substance as a partial fill if requested by the patient or the prescribing physician. prescriber. The bill would require the pharmacy to retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed, and would impose notification requirements on the pharmacy. The bill would require the pharmacy to collect the copayment, if any, for the entire prescription at the time of the first partial fill and would prohibit a pharmacy from charging an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills. By creating a new crime, this bill would impose a state-mandated local program.(2) Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to, facility, as a condition of licensure, to include pain as an item to be assessed at the same time vital signs are taken and to ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. Violation of these provisions is a crime.This bill would remove the requirement that pain be assessed at the same time as vital signs. The bill would also prohibit a general acute care hospital or acute psychiatric hospital from in any way conditioning or basing executive compensation, as defined, on patient satisfaction measurements for pain management. By creating a new crime, this bill would impose a state-mandated local program.The (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
(1) The Pharmacy Law provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law specifies the functions pharmacists are authorized to perform, including to administer, orally or topically, drugs and biologicals pursuant to a prescribers order, and to administer immunizations pursuant to a protocol with a prescriber. A violation of the Pharmacy Law is a crime.
This bill would authorize a pharmacist to dispense a Schedule II controlled substance as a partial fill if requested by the patient or the prescribing physician. prescriber. The bill would require the pharmacy to retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed, and would impose notification requirements on the pharmacy. The bill would require the pharmacy to collect the copayment, if any, for the entire prescription at the time of the first partial fill and would prohibit a pharmacy from charging an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills. By creating a new crime, this bill would impose a state-mandated local program.
(2) Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to, facility, as a condition of licensure, to include pain as an item to be assessed at the same time vital signs are taken and to ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. Violation of these provisions is a crime.
This bill would remove the requirement that pain be assessed at the same time as vital signs. The bill would also prohibit a general acute care hospital or acute psychiatric hospital from in any way conditioning or basing executive compensation, as defined, on patient satisfaction measurements for pain management. By creating a new crime, this bill would impose a state-mandated local program.
The
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4052.10 is added to the Business and Professions Code, to read:4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescribing physician. prescriber.(b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed.(c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the first partial fill. Thirty-one days after the initial partial fill on a prescription, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription.(d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed.(e) The pharmacist shall notify the prescriber that the prescription was partially filled and the amount of the drug that was dispensed in one of the following ways:(1) A notation in the patients interoperable electronic health record.(2) An electronic or facsimile transmission.(3) A notation in the patients record at the pharmacy that is available to the prescriber upon request.(f) (1) A pharmacy shall collect the copayment, if any, for the entire prescription at the time of the first partial fill. No additional money shall be collected for later dispensing, up to the full prescription amount.(2) A pharmacist shall not charge an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills.(g) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance.(h) For purposes of this section, the following definitions apply:(1) Original prescription means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy.(2) Partial fill means a part of a prescription filled that is of a quantity less that the entire prescription.SEC. 2. Section 1254.7 of the Health and Safety Code is amended to read:1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.(b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patients chart.SEC. 3.Section 1254.8 is added to the Health and Safety Code, to read:1254.8.(a)A health facility shall not in any way condition or base executive compensation on patient satisfaction measurements for pain management.(b)A scheme or artifice that has the purpose of avoiding the limitation established in subdivision (a) shall be a violation of this section.(c)For purposes of this section, the following definitions shall apply:(1)(A)Executive compensation means compensation or any tangible employment benefit to chief executive officers, executives, managers, and administrators of hospitals, including, but not limited to, wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; below market rate loans or loan forgiveness; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; housing, automobiles, parking, or similar benefits; scholarships or fellowships; payment for dependent care or adoption assistance; payment of personal legal or financial services; stock options or awards; and deferred compensation earned or accrued, even if not yet vested or paid.(B)Executive compensation does not include a benefit or remuneration to the extent that the inclusion of that benefit or remuneration is preempted by federal law or violates the state or federal constitution.(2)Pain management means the prevention, diagnosis, and treatment of pain.(3)Patient satisfaction measurement means a survey, questionnaire, poll, audit, or other instrument or process that collects or measures patient-reported outcomes or patient feelings about the medical care provided at the hospital, including, but not limited to, satisfaction with professional staff, service, and facilities.SEC. 4.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4052.10 is added to the Business and Professions Code, to read:4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescribing physician. prescriber.(b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed.(c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the first partial fill. Thirty-one days after the initial partial fill on a prescription, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription.(d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed.(e) The pharmacist shall notify the prescriber that the prescription was partially filled and the amount of the drug that was dispensed in one of the following ways:(1) A notation in the patients interoperable electronic health record.(2) An electronic or facsimile transmission.(3) A notation in the patients record at the pharmacy that is available to the prescriber upon request.(f) (1) A pharmacy shall collect the copayment, if any, for the entire prescription at the time of the first partial fill. No additional money shall be collected for later dispensing, up to the full prescription amount.(2) A pharmacist shall not charge an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills.(g) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance.(h) For purposes of this section, the following definitions apply:(1) Original prescription means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy.(2) Partial fill means a part of a prescription filled that is of a quantity less that the entire prescription.
SECTION 1. Section 4052.10 is added to the Business and Professions Code, to read:
### SECTION 1.
4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescribing physician. prescriber.(b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed.(c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the first partial fill. Thirty-one days after the initial partial fill on a prescription, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription.(d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed.(e) The pharmacist shall notify the prescriber that the prescription was partially filled and the amount of the drug that was dispensed in one of the following ways:(1) A notation in the patients interoperable electronic health record.(2) An electronic or facsimile transmission.(3) A notation in the patients record at the pharmacy that is available to the prescriber upon request.(f) (1) A pharmacy shall collect the copayment, if any, for the entire prescription at the time of the first partial fill. No additional money shall be collected for later dispensing, up to the full prescription amount.(2) A pharmacist shall not charge an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills.(g) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance.(h) For purposes of this section, the following definitions apply:(1) Original prescription means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy.(2) Partial fill means a part of a prescription filled that is of a quantity less that the entire prescription.
4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescribing physician. prescriber.(b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed.(c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the first partial fill. Thirty-one days after the initial partial fill on a prescription, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription.(d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed.(e) The pharmacist shall notify the prescriber that the prescription was partially filled and the amount of the drug that was dispensed in one of the following ways:(1) A notation in the patients interoperable electronic health record.(2) An electronic or facsimile transmission.(3) A notation in the patients record at the pharmacy that is available to the prescriber upon request.(f) (1) A pharmacy shall collect the copayment, if any, for the entire prescription at the time of the first partial fill. No additional money shall be collected for later dispensing, up to the full prescription amount.(2) A pharmacist shall not charge an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills.(g) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance.(h) For purposes of this section, the following definitions apply:(1) Original prescription means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy.(2) Partial fill means a part of a prescription filled that is of a quantity less that the entire prescription.
4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescribing physician. prescriber.(b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed.(c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the first partial fill. Thirty-one days after the initial partial fill on a prescription, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription.(d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed.(e) The pharmacist shall notify the prescriber that the prescription was partially filled and the amount of the drug that was dispensed in one of the following ways:(1) A notation in the patients interoperable electronic health record.(2) An electronic or facsimile transmission.(3) A notation in the patients record at the pharmacy that is available to the prescriber upon request.(f) (1) A pharmacy shall collect the copayment, if any, for the entire prescription at the time of the first partial fill. No additional money shall be collected for later dispensing, up to the full prescription amount.(2) A pharmacist shall not charge an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills.(g) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance.(h) For purposes of this section, the following definitions apply:(1) Original prescription means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy.(2) Partial fill means a part of a prescription filled that is of a quantity less that the entire prescription.
4052.10. (a) A pharmacist may dispense a Schedule II controlled substance, as listed in Section 11055 of the Health and Safety Code, as a partial fill if requested by the patient or the prescribing physician. prescriber.
(b) If a pharmacist dispenses a partial fill on a prescription pursuant to this section, the pharmacy shall retain the original prescription, with a notation of how much of the prescription has been filled, until the prescription has been fully dispensed. The total quantity dispensed shall not exceed the total quantity prescribed.
(c) Subsequent fills, until the original prescription is completely dispensed, shall occur at the pharmacy where the original prescription was partially filled. The full prescription shall be dispensed not more than 30 days after the first partial fill. Thirty-one days after the initial partial fill on a prescription, the prescription shall expire and no more of the drug shall be dispensed without a subsequent prescription.
(d) The pharmacist shall record in the state prescription drug monitoring program only the actual amounts of the drug dispensed.
(e) The pharmacist shall notify the prescriber that the prescription was partially filled and the amount of the drug that was dispensed in one of the following ways:
(1) A notation in the patients interoperable electronic health record.
(2) An electronic or facsimile transmission.
(3) A notation in the patients record at the pharmacy that is available to the prescriber upon request.
(f) (1) A pharmacy shall collect the copayment, if any, for the entire prescription at the time of the first partial fill. No additional money shall be collected for later dispensing, up to the full prescription amount.
(2) A pharmacist shall not charge an additional fee, service fee, or a higher rate or copayment for prescriptions that are dispensed as partial fills.
(g) This section is not intended to conflict with or supersede any other requirement established for the prescription of a Schedule II controlled substance.
(h) For purposes of this section, the following definitions apply:
(1) Original prescription means the prescription presented by the patient to the pharmacy or submitted electronically to the pharmacy.
(2) Partial fill means a part of a prescription filled that is of a quantity less that the entire prescription.
SEC. 2. Section 1254.7 of the Health and Safety Code is amended to read:1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.(b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patients chart.
SEC. 2. Section 1254.7 of the Health and Safety Code is amended to read:
### SEC. 2.
1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.(b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patients chart.
1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.(b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patients chart.
1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.(b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patients chart.
1254.7. (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.
(b) A health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patients chart.
(a)A health facility shall not in any way condition or base executive compensation on patient satisfaction measurements for pain management.
(b)A scheme or artifice that has the purpose of avoiding the limitation established in subdivision (a) shall be a violation of this section.
(c)For purposes of this section, the following definitions shall apply:
(1)(A)Executive compensation means compensation or any tangible employment benefit to chief executive officers, executives, managers, and administrators of hospitals, including, but not limited to, wages; salary; paid time off; bonuses; incentive payments; lump-sum cash payments; below market rate loans or loan forgiveness; payments for transportation, travel, meals, or other expenses in excess of actual documented expenses incurred in the performance of duties; payments or reimbursement for entertainment or social club memberships; housing, automobiles, parking, or similar benefits; scholarships or fellowships; payment for dependent care or adoption assistance; payment of personal legal or financial services; stock options or awards; and deferred compensation earned or accrued, even if not yet vested or paid.
(B)Executive compensation does not include a benefit or remuneration to the extent that the inclusion of that benefit or remuneration is preempted by federal law or violates the state or federal constitution.
(2)Pain management means the prevention, diagnosis, and treatment of pain.
(3)Patient satisfaction measurement means a survey, questionnaire, poll, audit, or other instrument or process that collects or measures patient-reported outcomes or patient feelings about the medical care provided at the hospital, including, but not limited to, satisfaction with professional staff, service, and facilities.
SEC. 4.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 4.SEC. 3.