California 2017 2017-2018 Regular Session

California Assembly Bill AB2487 Amended / Bill

Filed 08/06/2018

                    Amended IN  Senate  August 06, 2018 Amended IN  Senate  June 18, 2018 Amended IN  Assembly  May 17, 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 amend Section 2190.5 of 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 law requires all physicians and surgeons to complete a mandatory continuing education course on pain management and the treatment of terminally ill and dying patients, as provided.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 authorize a physician and surgeon to complete a one-time continuing education course on either pain management and the treatment of terminally ill and dying patients, or opiate-dependent patient treatment and management, unless the physician and surgeon qualifies for a specified exemption. as specified, as an alternative to the mandatory continuing education course on pain management and the treatment of terminally ill and dying patients.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 2190.5 of the Business and Professions Code is amended to read:2190.5.(a)All physicians and surgeons shall complete one of the following mandatory continuing education courses:(1)A one-time requirement of 12 credit hours, within the required minimum established by regulation, in the subjects of pain management and the treatment of terminally ill and dying patients.(2)A one-time requirement of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including 8 hours of training in buprenorphine treatment for opioid use disorders.(b)By regulatory action, the board may exempt physicians and surgeons by practice status category from the requirement in subdivision (a) if the physician and surgeon does not engage in direct patient care, does not provide patient consultations, or does not reside in the State of California.(c)This section shall not apply to physicians and surgeons practicing in pathology or radiology specialty areas.(d)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.(e)This section shall not apply to a physician and surgeon who met the requirements of this section before January 1, 2019.(f)A physician and surgeon shall complete this requirement by their next license renewal date.(g)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:2190.6. (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders.(b) 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, shall be deemed to have met the requirements of subdivision (a).(c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by his or her next license renewal date.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

 Amended IN  Senate  August 06, 2018 Amended IN  Senate  June 18, 2018 Amended IN  Assembly  May 17, 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 amend Section 2190.5 of 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 law requires all physicians and surgeons to complete a mandatory continuing education course on pain management and the treatment of terminally ill and dying patients, as provided.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 authorize a physician and surgeon to complete a one-time continuing education course on either pain management and the treatment of terminally ill and dying patients, or opiate-dependent patient treatment and management, unless the physician and surgeon qualifies for a specified exemption. as specified, as an alternative to the mandatory continuing education course on pain management and the treatment of terminally ill and dying patients.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  August 06, 2018 Amended IN  Senate  June 18, 2018 Amended IN  Assembly  May 17, 2018 Amended IN  Assembly  April 26, 2018 Amended IN  Assembly  April 16, 2018

Amended IN  Senate  August 06, 2018
Amended IN  Senate  June 18, 2018
Amended IN  Assembly  May 17, 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 amend Section 2190.5 of 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 law requires all physicians and surgeons to complete a mandatory continuing education course on pain management and the treatment of terminally ill and dying patients, as provided.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 authorize a physician and surgeon to complete a one-time continuing education course on either pain management and the treatment of terminally ill and dying patients, or opiate-dependent patient treatment and management, unless the physician and surgeon qualifies for a specified exemption. as specified, as an alternative to the mandatory continuing education course on pain management and the treatment of terminally ill and dying patients.

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 law requires all physicians and surgeons to complete a mandatory continuing education course on pain management and the treatment of terminally ill and dying patients, as provided.

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 authorize a physician and surgeon to complete a one-time continuing education course on either pain management and the treatment of terminally ill and dying patients, or opiate-dependent patient treatment and management, unless the physician and surgeon qualifies for a specified exemption. as specified, as an alternative to the mandatory continuing education course on pain management and the treatment of terminally ill and dying patients.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1.Section 2190.5 of the Business and Professions Code is amended to read:2190.5.(a)All physicians and surgeons shall complete one of the following mandatory continuing education courses:(1)A one-time requirement of 12 credit hours, within the required minimum established by regulation, in the subjects of pain management and the treatment of terminally ill and dying patients.(2)A one-time requirement of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including 8 hours of training in buprenorphine treatment for opioid use disorders.(b)By regulatory action, the board may exempt physicians and surgeons by practice status category from the requirement in subdivision (a) if the physician and surgeon does not engage in direct patient care, does not provide patient consultations, or does not reside in the State of California.(c)This section shall not apply to physicians and surgeons practicing in pathology or radiology specialty areas.(d)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.(e)This section shall not apply to a physician and surgeon who met the requirements of this section before January 1, 2019.(f)A physician and surgeon shall complete this requirement by their next license renewal date.(g)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:2190.6. (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders.(b) 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, shall be deemed to have met the requirements of subdivision (a).(c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by his or her next license renewal date.(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:





(a)All physicians and surgeons shall complete one of the following mandatory continuing education courses:



(1)A one-time requirement of 12 credit hours, within the required minimum established by regulation, in the subjects of pain management and the treatment of terminally ill and dying patients.



(2)A one-time requirement of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including 8 hours of training in buprenorphine treatment for opioid use disorders.



(b)By regulatory action, the board may exempt physicians and surgeons by practice status category from the requirement in subdivision (a) if the physician and surgeon does not engage in direct patient care, does not provide patient consultations, or does not reside in the State of California.



(c)This section shall not apply to physicians and surgeons practicing in pathology or radiology specialty areas.



(d)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.



(e)This section shall not apply to a physician and surgeon who met the requirements of this section before January 1, 2019.



(f)A physician and surgeon shall complete this requirement by their next license renewal date.



(g)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:2190.6. (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders.(b) 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, shall be deemed to have met the requirements of subdivision (a).(c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by his or her next license renewal date.(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) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders.(b) 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, shall be deemed to have met the requirements of subdivision (a).(c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by his or her next license renewal date.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

2190.6. (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders.(b) 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, shall be deemed to have met the requirements of subdivision (a).(c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by his or her next license renewal date.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.

2190.6. (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders.(b) 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, shall be deemed to have met the requirements of subdivision (a).(c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by his or her next license renewal date.(d) The board shall determine whether a physician and surgeon has met the requirements of this section.



2190.6. (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including eight hours of training in buprenorphine treatment, or other similar medicinal treatment, for opioid use disorders.

(b) 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, shall be deemed to have met the requirements of subdivision (a).

(c) A physician and surgeon who chooses to comply with this section as an alternative to Section 2190.5 shall complete the requirements of this section by his or her next license renewal date.

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