CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2741Introduced by Assembly Member BurkeFebruary 16, 2018 An act to add Article 10.8 (commencing with Section 745) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2741, as introduced, Burke. Prescription drugs: opioid medications: minors.Existing law provides for the licensure and regulation of health care practitioners by various boards and requires prescription drugs to be ordered and dispensed in accordance with the Pharmacy Law. Existing law makes repeated acts of clearly excessive prescribing or administering of drugs or treatment unprofessional conduct for certain health care practitioners.This bill would require a prescriber, as defined, to comply with specified conditions when prescribing opioid medication to a minor, including not prescribing more than a 5-day supply of an opioid medication to that minor except in specified instances. The bill would make a violation of the bills provisions unprofessional conduct and would subject the prescriber to discipline by the board charged with regulating his or her license. The provisions of the bill requiring the prescriber to assess the minors substance abuse history, discuss opioid risks, and obtain written consent would not be implemented until the development of a consent form by the Medical Board of California.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. Article 10.8 (commencing with Section 745) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Opioid Medication For Minors745. (a) For purposes of this article, the following definitions apply: (1) Opioid medication means an opioid analgesic drug product, including, but not limited to, an abuse-deterrent opioid analgesic drug product. (2) Prescriber means a person licensed, certified, registered, or otherwise subject to regulation pursuant to this division, or an initiative act referred to in this division, who is authorized to prescribe opioid medication. (b) A prescriber authorized to prescribe a Schedule II controlled substance shall comply with this section when prescribing opioid medication to a minor.(c) A prescriber shall not prescribe more than a five-day supply of opioid medication to a minor unless the prescription is for any of the following:(1) Management of pain associated with cancer.(2) Use in palliative or hospice care.(3) Management of chronic pain not associated with cancer.(d) Except as provided in subdivision (b), before prescribing a minor a course of treatment with opioid medication, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.(2) Discuss with the minor and the minors parent or guardian, or other authorized adult, all of the following:(A) The risks of addiction and overdose associated with opioid medication.(B) The increased risk of addiction to opioid medication to individuals suffering from mental or substance abuse disorders.(C) The dangers of taking opioid medication with benzodiazepines, alcohol, or other central nervous system depressants.(D) Any other information deemed necessary by the prescriber.(3) Obtain written consent for the prescription from the minors parent or guardian, or authorized adult.(e) (1) The Medical Board of California, by January 1, 2020, shall create a standardized consent form to be used for purposes of this section. The board shall notify its licensees of the availability of the consent form and make it accessible on its member Internet Web site. The consent form shall contain all of the following:(A) The brand name or generic name and quantity of the opioid medication being prescribed and the amount of the initial dose.(B) A statement indicating that opioid medication is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.(C) A statement certifying that the prescriber engaged in the discussion described in subdivision (d).(D) The signature of the minors parent or guardian, or authorized adult, and the date of signing.(2) The prescriber shall maintain a consent form completed under this section in the minors record.(f) Subdivision (b) does not apply if the minors treatment with opioid medication meets either of the following criteria:(1) The treatment is associated with, or incident to, a medical emergency as documented in the minors medical record.(2) In the prescribers professional judgment, complying with subdivision (b) with respect to the minors treatment would be detrimental to the minors health or safety. The prescriber shall document in the minors medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subdivision (b).(g) A violation of this article constitutes unprofessional conduct and grounds for disciplinary action by the prescribers licensing board. Each licensing board established under this division, or under an initiative act referred to in this division, shall be charged with enforcing this article as it pertains to that boards prescribers.(h) Subdivision (d) shall not be implemented until the Medical Board of California has created the standardized consent form described in subdivision (e).
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2741Introduced by Assembly Member BurkeFebruary 16, 2018 An act to add Article 10.8 (commencing with Section 745) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2741, as introduced, Burke. Prescription drugs: opioid medications: minors.Existing law provides for the licensure and regulation of health care practitioners by various boards and requires prescription drugs to be ordered and dispensed in accordance with the Pharmacy Law. Existing law makes repeated acts of clearly excessive prescribing or administering of drugs or treatment unprofessional conduct for certain health care practitioners.This bill would require a prescriber, as defined, to comply with specified conditions when prescribing opioid medication to a minor, including not prescribing more than a 5-day supply of an opioid medication to that minor except in specified instances. The bill would make a violation of the bills provisions unprofessional conduct and would subject the prescriber to discipline by the board charged with regulating his or her license. The provisions of the bill requiring the prescriber to assess the minors substance abuse history, discuss opioid risks, and obtain written consent would not be implemented until the development of a consent form by the Medical Board of California.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2741
Introduced by Assembly Member BurkeFebruary 16, 2018
Introduced by Assembly Member Burke
February 16, 2018
An act to add Article 10.8 (commencing with Section 745) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2741, as introduced, Burke. Prescription drugs: opioid medications: minors.
Existing law provides for the licensure and regulation of health care practitioners by various boards and requires prescription drugs to be ordered and dispensed in accordance with the Pharmacy Law. Existing law makes repeated acts of clearly excessive prescribing or administering of drugs or treatment unprofessional conduct for certain health care practitioners.This bill would require a prescriber, as defined, to comply with specified conditions when prescribing opioid medication to a minor, including not prescribing more than a 5-day supply of an opioid medication to that minor except in specified instances. The bill would make a violation of the bills provisions unprofessional conduct and would subject the prescriber to discipline by the board charged with regulating his or her license. The provisions of the bill requiring the prescriber to assess the minors substance abuse history, discuss opioid risks, and obtain written consent would not be implemented until the development of a consent form by the Medical Board of California.
Existing law provides for the licensure and regulation of health care practitioners by various boards and requires prescription drugs to be ordered and dispensed in accordance with the Pharmacy Law. Existing law makes repeated acts of clearly excessive prescribing or administering of drugs or treatment unprofessional conduct for certain health care practitioners.
This bill would require a prescriber, as defined, to comply with specified conditions when prescribing opioid medication to a minor, including not prescribing more than a 5-day supply of an opioid medication to that minor except in specified instances. The bill would make a violation of the bills provisions unprofessional conduct and would subject the prescriber to discipline by the board charged with regulating his or her license. The provisions of the bill requiring the prescriber to assess the minors substance abuse history, discuss opioid risks, and obtain written consent would not be implemented until the development of a consent form by the Medical Board of California.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 10.8 (commencing with Section 745) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Opioid Medication For Minors745. (a) For purposes of this article, the following definitions apply: (1) Opioid medication means an opioid analgesic drug product, including, but not limited to, an abuse-deterrent opioid analgesic drug product. (2) Prescriber means a person licensed, certified, registered, or otherwise subject to regulation pursuant to this division, or an initiative act referred to in this division, who is authorized to prescribe opioid medication. (b) A prescriber authorized to prescribe a Schedule II controlled substance shall comply with this section when prescribing opioid medication to a minor.(c) A prescriber shall not prescribe more than a five-day supply of opioid medication to a minor unless the prescription is for any of the following:(1) Management of pain associated with cancer.(2) Use in palliative or hospice care.(3) Management of chronic pain not associated with cancer.(d) Except as provided in subdivision (b), before prescribing a minor a course of treatment with opioid medication, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.(2) Discuss with the minor and the minors parent or guardian, or other authorized adult, all of the following:(A) The risks of addiction and overdose associated with opioid medication.(B) The increased risk of addiction to opioid medication to individuals suffering from mental or substance abuse disorders.(C) The dangers of taking opioid medication with benzodiazepines, alcohol, or other central nervous system depressants.(D) Any other information deemed necessary by the prescriber.(3) Obtain written consent for the prescription from the minors parent or guardian, or authorized adult.(e) (1) The Medical Board of California, by January 1, 2020, shall create a standardized consent form to be used for purposes of this section. The board shall notify its licensees of the availability of the consent form and make it accessible on its member Internet Web site. The consent form shall contain all of the following:(A) The brand name or generic name and quantity of the opioid medication being prescribed and the amount of the initial dose.(B) A statement indicating that opioid medication is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.(C) A statement certifying that the prescriber engaged in the discussion described in subdivision (d).(D) The signature of the minors parent or guardian, or authorized adult, and the date of signing.(2) The prescriber shall maintain a consent form completed under this section in the minors record.(f) Subdivision (b) does not apply if the minors treatment with opioid medication meets either of the following criteria:(1) The treatment is associated with, or incident to, a medical emergency as documented in the minors medical record.(2) In the prescribers professional judgment, complying with subdivision (b) with respect to the minors treatment would be detrimental to the minors health or safety. The prescriber shall document in the minors medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subdivision (b).(g) A violation of this article constitutes unprofessional conduct and grounds for disciplinary action by the prescribers licensing board. Each licensing board established under this division, or under an initiative act referred to in this division, shall be charged with enforcing this article as it pertains to that boards prescribers.(h) Subdivision (d) shall not be implemented until the Medical Board of California has created the standardized consent form described in subdivision (e).
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 10.8 (commencing with Section 745) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Opioid Medication For Minors745. (a) For purposes of this article, the following definitions apply: (1) Opioid medication means an opioid analgesic drug product, including, but not limited to, an abuse-deterrent opioid analgesic drug product. (2) Prescriber means a person licensed, certified, registered, or otherwise subject to regulation pursuant to this division, or an initiative act referred to in this division, who is authorized to prescribe opioid medication. (b) A prescriber authorized to prescribe a Schedule II controlled substance shall comply with this section when prescribing opioid medication to a minor.(c) A prescriber shall not prescribe more than a five-day supply of opioid medication to a minor unless the prescription is for any of the following:(1) Management of pain associated with cancer.(2) Use in palliative or hospice care.(3) Management of chronic pain not associated with cancer.(d) Except as provided in subdivision (b), before prescribing a minor a course of treatment with opioid medication, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.(2) Discuss with the minor and the minors parent or guardian, or other authorized adult, all of the following:(A) The risks of addiction and overdose associated with opioid medication.(B) The increased risk of addiction to opioid medication to individuals suffering from mental or substance abuse disorders.(C) The dangers of taking opioid medication with benzodiazepines, alcohol, or other central nervous system depressants.(D) Any other information deemed necessary by the prescriber.(3) Obtain written consent for the prescription from the minors parent or guardian, or authorized adult.(e) (1) The Medical Board of California, by January 1, 2020, shall create a standardized consent form to be used for purposes of this section. The board shall notify its licensees of the availability of the consent form and make it accessible on its member Internet Web site. The consent form shall contain all of the following:(A) The brand name or generic name and quantity of the opioid medication being prescribed and the amount of the initial dose.(B) A statement indicating that opioid medication is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.(C) A statement certifying that the prescriber engaged in the discussion described in subdivision (d).(D) The signature of the minors parent or guardian, or authorized adult, and the date of signing.(2) The prescriber shall maintain a consent form completed under this section in the minors record.(f) Subdivision (b) does not apply if the minors treatment with opioid medication meets either of the following criteria:(1) The treatment is associated with, or incident to, a medical emergency as documented in the minors medical record.(2) In the prescribers professional judgment, complying with subdivision (b) with respect to the minors treatment would be detrimental to the minors health or safety. The prescriber shall document in the minors medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subdivision (b).(g) A violation of this article constitutes unprofessional conduct and grounds for disciplinary action by the prescribers licensing board. Each licensing board established under this division, or under an initiative act referred to in this division, shall be charged with enforcing this article as it pertains to that boards prescribers.(h) Subdivision (d) shall not be implemented until the Medical Board of California has created the standardized consent form described in subdivision (e).
SECTION 1. Article 10.8 (commencing with Section 745) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read:
### SECTION 1.
Article 10.8. Opioid Medication For Minors745. (a) For purposes of this article, the following definitions apply: (1) Opioid medication means an opioid analgesic drug product, including, but not limited to, an abuse-deterrent opioid analgesic drug product. (2) Prescriber means a person licensed, certified, registered, or otherwise subject to regulation pursuant to this division, or an initiative act referred to in this division, who is authorized to prescribe opioid medication. (b) A prescriber authorized to prescribe a Schedule II controlled substance shall comply with this section when prescribing opioid medication to a minor.(c) A prescriber shall not prescribe more than a five-day supply of opioid medication to a minor unless the prescription is for any of the following:(1) Management of pain associated with cancer.(2) Use in palliative or hospice care.(3) Management of chronic pain not associated with cancer.(d) Except as provided in subdivision (b), before prescribing a minor a course of treatment with opioid medication, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.(2) Discuss with the minor and the minors parent or guardian, or other authorized adult, all of the following:(A) The risks of addiction and overdose associated with opioid medication.(B) The increased risk of addiction to opioid medication to individuals suffering from mental or substance abuse disorders.(C) The dangers of taking opioid medication with benzodiazepines, alcohol, or other central nervous system depressants.(D) Any other information deemed necessary by the prescriber.(3) Obtain written consent for the prescription from the minors parent or guardian, or authorized adult.(e) (1) The Medical Board of California, by January 1, 2020, shall create a standardized consent form to be used for purposes of this section. The board shall notify its licensees of the availability of the consent form and make it accessible on its member Internet Web site. The consent form shall contain all of the following:(A) The brand name or generic name and quantity of the opioid medication being prescribed and the amount of the initial dose.(B) A statement indicating that opioid medication is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.(C) A statement certifying that the prescriber engaged in the discussion described in subdivision (d).(D) The signature of the minors parent or guardian, or authorized adult, and the date of signing.(2) The prescriber shall maintain a consent form completed under this section in the minors record.(f) Subdivision (b) does not apply if the minors treatment with opioid medication meets either of the following criteria:(1) The treatment is associated with, or incident to, a medical emergency as documented in the minors medical record.(2) In the prescribers professional judgment, complying with subdivision (b) with respect to the minors treatment would be detrimental to the minors health or safety. The prescriber shall document in the minors medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subdivision (b).(g) A violation of this article constitutes unprofessional conduct and grounds for disciplinary action by the prescribers licensing board. Each licensing board established under this division, or under an initiative act referred to in this division, shall be charged with enforcing this article as it pertains to that boards prescribers.(h) Subdivision (d) shall not be implemented until the Medical Board of California has created the standardized consent form described in subdivision (e).
Article 10.8. Opioid Medication For Minors745. (a) For purposes of this article, the following definitions apply: (1) Opioid medication means an opioid analgesic drug product, including, but not limited to, an abuse-deterrent opioid analgesic drug product. (2) Prescriber means a person licensed, certified, registered, or otherwise subject to regulation pursuant to this division, or an initiative act referred to in this division, who is authorized to prescribe opioid medication. (b) A prescriber authorized to prescribe a Schedule II controlled substance shall comply with this section when prescribing opioid medication to a minor.(c) A prescriber shall not prescribe more than a five-day supply of opioid medication to a minor unless the prescription is for any of the following:(1) Management of pain associated with cancer.(2) Use in palliative or hospice care.(3) Management of chronic pain not associated with cancer.(d) Except as provided in subdivision (b), before prescribing a minor a course of treatment with opioid medication, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.(2) Discuss with the minor and the minors parent or guardian, or other authorized adult, all of the following:(A) The risks of addiction and overdose associated with opioid medication.(B) The increased risk of addiction to opioid medication to individuals suffering from mental or substance abuse disorders.(C) The dangers of taking opioid medication with benzodiazepines, alcohol, or other central nervous system depressants.(D) Any other information deemed necessary by the prescriber.(3) Obtain written consent for the prescription from the minors parent or guardian, or authorized adult.(e) (1) The Medical Board of California, by January 1, 2020, shall create a standardized consent form to be used for purposes of this section. The board shall notify its licensees of the availability of the consent form and make it accessible on its member Internet Web site. The consent form shall contain all of the following:(A) The brand name or generic name and quantity of the opioid medication being prescribed and the amount of the initial dose.(B) A statement indicating that opioid medication is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.(C) A statement certifying that the prescriber engaged in the discussion described in subdivision (d).(D) The signature of the minors parent or guardian, or authorized adult, and the date of signing.(2) The prescriber shall maintain a consent form completed under this section in the minors record.(f) Subdivision (b) does not apply if the minors treatment with opioid medication meets either of the following criteria:(1) The treatment is associated with, or incident to, a medical emergency as documented in the minors medical record.(2) In the prescribers professional judgment, complying with subdivision (b) with respect to the minors treatment would be detrimental to the minors health or safety. The prescriber shall document in the minors medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subdivision (b).(g) A violation of this article constitutes unprofessional conduct and grounds for disciplinary action by the prescribers licensing board. Each licensing board established under this division, or under an initiative act referred to in this division, shall be charged with enforcing this article as it pertains to that boards prescribers.(h) Subdivision (d) shall not be implemented until the Medical Board of California has created the standardized consent form described in subdivision (e).
Article 10.8. Opioid Medication For Minors
Article 10.8. Opioid Medication For Minors
745. (a) For purposes of this article, the following definitions apply: (1) Opioid medication means an opioid analgesic drug product, including, but not limited to, an abuse-deterrent opioid analgesic drug product. (2) Prescriber means a person licensed, certified, registered, or otherwise subject to regulation pursuant to this division, or an initiative act referred to in this division, who is authorized to prescribe opioid medication. (b) A prescriber authorized to prescribe a Schedule II controlled substance shall comply with this section when prescribing opioid medication to a minor.(c) A prescriber shall not prescribe more than a five-day supply of opioid medication to a minor unless the prescription is for any of the following:(1) Management of pain associated with cancer.(2) Use in palliative or hospice care.(3) Management of chronic pain not associated with cancer.(d) Except as provided in subdivision (b), before prescribing a minor a course of treatment with opioid medication, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.(2) Discuss with the minor and the minors parent or guardian, or other authorized adult, all of the following:(A) The risks of addiction and overdose associated with opioid medication.(B) The increased risk of addiction to opioid medication to individuals suffering from mental or substance abuse disorders.(C) The dangers of taking opioid medication with benzodiazepines, alcohol, or other central nervous system depressants.(D) Any other information deemed necessary by the prescriber.(3) Obtain written consent for the prescription from the minors parent or guardian, or authorized adult.(e) (1) The Medical Board of California, by January 1, 2020, shall create a standardized consent form to be used for purposes of this section. The board shall notify its licensees of the availability of the consent form and make it accessible on its member Internet Web site. The consent form shall contain all of the following:(A) The brand name or generic name and quantity of the opioid medication being prescribed and the amount of the initial dose.(B) A statement indicating that opioid medication is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.(C) A statement certifying that the prescriber engaged in the discussion described in subdivision (d).(D) The signature of the minors parent or guardian, or authorized adult, and the date of signing.(2) The prescriber shall maintain a consent form completed under this section in the minors record.(f) Subdivision (b) does not apply if the minors treatment with opioid medication meets either of the following criteria:(1) The treatment is associated with, or incident to, a medical emergency as documented in the minors medical record.(2) In the prescribers professional judgment, complying with subdivision (b) with respect to the minors treatment would be detrimental to the minors health or safety. The prescriber shall document in the minors medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subdivision (b).(g) A violation of this article constitutes unprofessional conduct and grounds for disciplinary action by the prescribers licensing board. Each licensing board established under this division, or under an initiative act referred to in this division, shall be charged with enforcing this article as it pertains to that boards prescribers.(h) Subdivision (d) shall not be implemented until the Medical Board of California has created the standardized consent form described in subdivision (e).
745. (a) For purposes of this article, the following definitions apply:
(1) Opioid medication means an opioid analgesic drug product, including, but not limited to, an abuse-deterrent opioid analgesic drug product.
(2) Prescriber means a person licensed, certified, registered, or otherwise subject to regulation pursuant to this division, or an initiative act referred to in this division, who is authorized to prescribe opioid medication.
(b) A prescriber authorized to prescribe a Schedule II controlled substance shall comply with this section when prescribing opioid medication to a minor.
(c) A prescriber shall not prescribe more than a five-day supply of opioid medication to a minor unless the prescription is for any of the following:
(1) Management of pain associated with cancer.
(2) Use in palliative or hospice care.
(3) Management of chronic pain not associated with cancer.
(d) Except as provided in subdivision (b), before prescribing a minor a course of treatment with opioid medication, regardless of whether the dosage is modified during that course of treatment, a prescriber shall do all of the following:
(1) Assess whether the minor has taken or is currently taking prescription drugs for treatment of a substance use disorder.
(2) Discuss with the minor and the minors parent or guardian, or other authorized adult, all of the following:
(A) The risks of addiction and overdose associated with opioid medication.
(B) The increased risk of addiction to opioid medication to individuals suffering from mental or substance abuse disorders.
(C) The dangers of taking opioid medication with benzodiazepines, alcohol, or other central nervous system depressants.
(D) Any other information deemed necessary by the prescriber.
(3) Obtain written consent for the prescription from the minors parent or guardian, or authorized adult.
(e) (1) The Medical Board of California, by January 1, 2020, shall create a standardized consent form to be used for purposes of this section. The board shall notify its licensees of the availability of the consent form and make it accessible on its member Internet Web site. The consent form shall contain all of the following:
(A) The brand name or generic name and quantity of the opioid medication being prescribed and the amount of the initial dose.
(B) A statement indicating that opioid medication is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse.
(C) A statement certifying that the prescriber engaged in the discussion described in subdivision (d).
(D) The signature of the minors parent or guardian, or authorized adult, and the date of signing.
(2) The prescriber shall maintain a consent form completed under this section in the minors record.
(f) Subdivision (b) does not apply if the minors treatment with opioid medication meets either of the following criteria:
(1) The treatment is associated with, or incident to, a medical emergency as documented in the minors medical record.
(2) In the prescribers professional judgment, complying with subdivision (b) with respect to the minors treatment would be detrimental to the minors health or safety. The prescriber shall document in the minors medical record the factor or factors which the prescriber believed constituted cause for not fulfilling the requirements of subdivision (b).
(g) A violation of this article constitutes unprofessional conduct and grounds for disciplinary action by the prescribers licensing board. Each licensing board established under this division, or under an initiative act referred to in this division, shall be charged with enforcing this article as it pertains to that boards prescribers.
(h) Subdivision (d) shall not be implemented until the Medical Board of California has created the standardized consent form described in subdivision (e).