California 2017 2017-2018 Regular Session

California Assembly Bill AB2487 Amended / Bill

Filed 04/26/2018

                    Amended IN  Assembly  April 26, 2018 Amended IN  Assembly  April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2487Introduced by Assembly Member McCarty(Coauthor: Assembly Member Waldron)February 14, 2018 An act to add Section 2190.6 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2487, as amended, McCarty. Physicians and surgeons: continuing education: opiate-dependent patient treatment and management.Existing state law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs. The board is responsible for the licensure and regulation of physicians and surgeons, and is required by the act to adopt and administer standards for the continuing education of those physicians and surgeons.Existing federal law, the Comprehensive Addiction Recovery Act of 2016, requires physicians and surgeons who dispense narcotic drugs for patient treatment to obtain a separate registration from the United States Attorney General. The United States Drug Enforcement Administration, within the federal Office of the Attorney General, administers the registration and requires physicians and surgeons to renew that registration at specified intervals. A physician and surgeon qualifies for a waiver of the registration if he or she is licensed under state law and completes at least one specified training, such as 8 hours of training in the treatment and management of opiate-dependent patients.This bill would require a physician and surgeon to complete a continuing education course on opiate-dependent patient treatment and management, as specified, within 6 months of first receiving, or next renewing, a federal Drug Enforcement Administration registration to dispense narcotic drugs for patient treatment, unless the physician and surgeon meets the requirements of a qualifying physician within the federal Comprehensive Addiction Recovery Act of 2016.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2190.6 is added to the Business and Professions Code, to read:2190.6. (a) Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the boards duties in Section 2001.1.(b) A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the requirements of subdivision (a) within six months of next renewing his or her registration. (c) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a qualifying physician under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

 Amended IN  Assembly  April 26, 2018 Amended IN  Assembly  April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2487Introduced by Assembly Member McCarty(Coauthor: Assembly Member Waldron)February 14, 2018 An act to add Section 2190.6 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2487, as amended, McCarty. Physicians and surgeons: continuing education: opiate-dependent patient treatment and management.Existing state law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs. The board is responsible for the licensure and regulation of physicians and surgeons, and is required by the act to adopt and administer standards for the continuing education of those physicians and surgeons.Existing federal law, the Comprehensive Addiction Recovery Act of 2016, requires physicians and surgeons who dispense narcotic drugs for patient treatment to obtain a separate registration from the United States Attorney General. The United States Drug Enforcement Administration, within the federal Office of the Attorney General, administers the registration and requires physicians and surgeons to renew that registration at specified intervals. A physician and surgeon qualifies for a waiver of the registration if he or she is licensed under state law and completes at least one specified training, such as 8 hours of training in the treatment and management of opiate-dependent patients.This bill would require a physician and surgeon to complete a continuing education course on opiate-dependent patient treatment and management, as specified, within 6 months of first receiving, or next renewing, a federal Drug Enforcement Administration registration to dispense narcotic drugs for patient treatment, unless the physician and surgeon meets the requirements of a qualifying physician within the federal Comprehensive Addiction Recovery Act of 2016.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 26, 2018 Amended IN  Assembly  April 16, 2018

Amended IN  Assembly  April 26, 2018
Amended IN  Assembly  April 16, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2487

Introduced by Assembly Member McCarty(Coauthor: Assembly Member Waldron)February 14, 2018

Introduced by Assembly Member McCarty(Coauthor: Assembly Member Waldron)
February 14, 2018

 An act to add Section 2190.6 to the Business and Professions Code, relating to healing arts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2487, as amended, McCarty. Physicians and surgeons: continuing education: opiate-dependent patient treatment and management.

Existing state law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs. The board is responsible for the licensure and regulation of physicians and surgeons, and is required by the act to adopt and administer standards for the continuing education of those physicians and surgeons.Existing federal law, the Comprehensive Addiction Recovery Act of 2016, requires physicians and surgeons who dispense narcotic drugs for patient treatment to obtain a separate registration from the United States Attorney General. The United States Drug Enforcement Administration, within the federal Office of the Attorney General, administers the registration and requires physicians and surgeons to renew that registration at specified intervals. A physician and surgeon qualifies for a waiver of the registration if he or she is licensed under state law and completes at least one specified training, such as 8 hours of training in the treatment and management of opiate-dependent patients.This bill would require a physician and surgeon to complete a continuing education course on opiate-dependent patient treatment and management, as specified, within 6 months of first receiving, or next renewing, a federal Drug Enforcement Administration registration to dispense narcotic drugs for patient treatment, unless the physician and surgeon meets the requirements of a qualifying physician within the federal Comprehensive Addiction Recovery Act of 2016.

Existing state law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs. The board is responsible for the licensure and regulation of physicians and surgeons, and is required by the act to adopt and administer standards for the continuing education of those physicians and surgeons.

Existing federal law, the Comprehensive Addiction Recovery Act of 2016, requires physicians and surgeons who dispense narcotic drugs for patient treatment to obtain a separate registration from the United States Attorney General. The United States Drug Enforcement Administration, within the federal Office of the Attorney General, administers the registration and requires physicians and surgeons to renew that registration at specified intervals. A physician and surgeon qualifies for a waiver of the registration if he or she is licensed under state law and completes at least one specified training, such as 8 hours of training in the treatment and management of opiate-dependent patients.

This bill would require a physician and surgeon to complete a continuing education course on opiate-dependent patient treatment and management, as specified, within 6 months of first receiving, or next renewing, a federal Drug Enforcement Administration registration to dispense narcotic drugs for patient treatment, unless the physician and surgeon meets the requirements of a qualifying physician within the federal Comprehensive Addiction Recovery Act of 2016.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2190.6 is added to the Business and Professions Code, to read:2190.6. (a) Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the boards duties in Section 2001.1.(b) A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the requirements of subdivision (a) within six months of next renewing his or her registration. (c) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a qualifying physician under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

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 2190.6 is added to the Business and Professions Code, to read:2190.6. (a) Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the boards duties in Section 2001.1.(b) A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the requirements of subdivision (a) within six months of next renewing his or her registration. (c) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a qualifying physician under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

SECTION 1. Section 2190.6 is added to the Business and Professions Code, to read:

### SECTION 1.

2190.6. (a) Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the boards duties in Section 2001.1.(b) A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the requirements of subdivision (a) within six months of next renewing his or her registration. (c) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a qualifying physician under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

2190.6. (a) Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the boards duties in Section 2001.1.(b) A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the requirements of subdivision (a) within six months of next renewing his or her registration. (c) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a qualifying physician under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

2190.6. (a) Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the boards duties in Section 2001.1.(b) A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the requirements of subdivision (a) within six months of next renewing his or her registration. (c) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a qualifying physician under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.



2190.6. (a) Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the boards duties in Section 2001.1.

(b) A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the requirements of subdivision (a) within six months of next renewing his or her registration. 

(c) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a qualifying physician under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.

(d) The board shall determine whether a physician and surgeon has met the requirements of this section.