Amended IN Senate June 13, 2018 Amended IN Senate May 24, 2018 Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2741Introduced by Assembly Member Burke(Coauthors: Assembly Members Dahle and Cunningham)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 DIGESTAB 2741, as amended, 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 would, with certain exceptions, prohibit a prescriber, as defined, from prescribing more than a 5-day supply of opioid medication to a minor unless the prescription is for specified uses. The bill would also require a prescriber to take certain steps before prescribing a minor a course of treatment with opioid medication, including discussing opioid risks and obtaining verbal consent, 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.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 section, 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.(4) Treatment of a substance use disorder.(5) Sickle cell disease.(6) Acute intermittent porphyria.(d) Except in the case of a prescription for a use listed in subdivision (c), 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 verbal consent for the prescription from the minors parent or guardian, or authorized adult. The prescriber shall note the consent in the minors record.(e) Subdivision (c) and paragraph (3) of subdivision (d) shall 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 if, the prescribers professional judgment, complying with subdivision (c) or with paragraph (3) of subdivision (d), respectively, 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 (c) or paragraph (3) of subdivision (d).(f) This section shall not apply to emergency services and care as defined in Section 1317.1 of the Health and Safety Code.(f)(g) A violation of this section 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 section as it pertains to that boards prescribers.
Amended IN Senate June 13, 2018 Amended IN Senate May 24, 2018 Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2741Introduced by Assembly Member Burke(Coauthors: Assembly Members Dahle and Cunningham)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 DIGESTAB 2741, as amended, 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 would, with certain exceptions, prohibit a prescriber, as defined, from prescribing more than a 5-day supply of opioid medication to a minor unless the prescription is for specified uses. The bill would also require a prescriber to take certain steps before prescribing a minor a course of treatment with opioid medication, including discussing opioid risks and obtaining verbal consent, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate June 13, 2018 Amended IN Senate May 24, 2018 Amended IN Assembly April 02, 2018
Amended IN Senate June 13, 2018
Amended IN Senate May 24, 2018
Amended IN Assembly April 02, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2741
Introduced by Assembly Member Burke(Coauthors: Assembly Members Dahle and Cunningham)February 16, 2018
Introduced by Assembly Member Burke(Coauthors: Assembly Members Dahle and Cunningham)
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 amended, 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 would, with certain exceptions, prohibit a prescriber, as defined, from prescribing more than a 5-day supply of opioid medication to a minor unless the prescription is for specified uses. The bill would also require a prescriber to take certain steps before prescribing a minor a course of treatment with opioid medication, including discussing opioid risks and obtaining verbal consent, 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.
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 would, with certain exceptions, prohibit a prescriber, as defined, from prescribing more than a 5-day supply of opioid medication to a minor unless the prescription is for specified uses. The bill would also require a prescriber to take certain steps before prescribing a minor a course of treatment with opioid medication, including discussing opioid risks and obtaining verbal consent, 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.
## 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 section, 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.(4) Treatment of a substance use disorder.(5) Sickle cell disease.(6) Acute intermittent porphyria.(d) Except in the case of a prescription for a use listed in subdivision (c), 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 verbal consent for the prescription from the minors parent or guardian, or authorized adult. The prescriber shall note the consent in the minors record.(e) Subdivision (c) and paragraph (3) of subdivision (d) shall 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 if, the prescribers professional judgment, complying with subdivision (c) or with paragraph (3) of subdivision (d), respectively, 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 (c) or paragraph (3) of subdivision (d).(f) This section shall not apply to emergency services and care as defined in Section 1317.1 of the Health and Safety Code.(f)(g) A violation of this section 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 section as it pertains to that boards prescribers.
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 section, 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.(4) Treatment of a substance use disorder.(5) Sickle cell disease.(6) Acute intermittent porphyria.(d) Except in the case of a prescription for a use listed in subdivision (c), 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 verbal consent for the prescription from the minors parent or guardian, or authorized adult. The prescriber shall note the consent in the minors record.(e) Subdivision (c) and paragraph (3) of subdivision (d) shall 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 if, the prescribers professional judgment, complying with subdivision (c) or with paragraph (3) of subdivision (d), respectively, 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 (c) or paragraph (3) of subdivision (d).(f) This section shall not apply to emergency services and care as defined in Section 1317.1 of the Health and Safety Code.(f)(g) A violation of this section 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 section as it pertains to that boards prescribers.
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 section, 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.(4) Treatment of a substance use disorder.(5) Sickle cell disease.(6) Acute intermittent porphyria.(d) Except in the case of a prescription for a use listed in subdivision (c), 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 verbal consent for the prescription from the minors parent or guardian, or authorized adult. The prescriber shall note the consent in the minors record.(e) Subdivision (c) and paragraph (3) of subdivision (d) shall 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 if, the prescribers professional judgment, complying with subdivision (c) or with paragraph (3) of subdivision (d), respectively, 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 (c) or paragraph (3) of subdivision (d).(f) This section shall not apply to emergency services and care as defined in Section 1317.1 of the Health and Safety Code.(f)(g) A violation of this section 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 section as it pertains to that boards prescribers.
Article 10.8. Opioid Medication For Minors745. (a) For purposes of this section, 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.(4) Treatment of a substance use disorder.(5) Sickle cell disease.(6) Acute intermittent porphyria.(d) Except in the case of a prescription for a use listed in subdivision (c), 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 verbal consent for the prescription from the minors parent or guardian, or authorized adult. The prescriber shall note the consent in the minors record.(e) Subdivision (c) and paragraph (3) of subdivision (d) shall 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 if, the prescribers professional judgment, complying with subdivision (c) or with paragraph (3) of subdivision (d), respectively, 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 (c) or paragraph (3) of subdivision (d).(f) This section shall not apply to emergency services and care as defined in Section 1317.1 of the Health and Safety Code.(f)(g) A violation of this section 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 section as it pertains to that boards prescribers.
Article 10.8. Opioid Medication For Minors
Article 10.8. Opioid Medication For Minors
745. (a) For purposes of this section, 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.(4) Treatment of a substance use disorder.(5) Sickle cell disease.(6) Acute intermittent porphyria.(d) Except in the case of a prescription for a use listed in subdivision (c), 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 verbal consent for the prescription from the minors parent or guardian, or authorized adult. The prescriber shall note the consent in the minors record.(e) Subdivision (c) and paragraph (3) of subdivision (d) shall 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 if, the prescribers professional judgment, complying with subdivision (c) or with paragraph (3) of subdivision (d), respectively, 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 (c) or paragraph (3) of subdivision (d).(f) This section shall not apply to emergency services and care as defined in Section 1317.1 of the Health and Safety Code.(f)(g) A violation of this section 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 section as it pertains to that boards prescribers.
745. (a) For purposes of this section, 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.
(4) Treatment of a substance use disorder.
(5) Sickle cell disease.
(6) Acute intermittent porphyria.
(d) Except in the case of a prescription for a use listed in subdivision (c), 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 verbal consent for the prescription from the minors parent or guardian, or authorized adult. The prescriber shall note the consent in the minors record.
(e) Subdivision (c) and paragraph (3) of subdivision (d) shall 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 if, the prescribers professional judgment, complying with subdivision (c) or with paragraph (3) of subdivision (d), respectively, 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 (c) or paragraph (3) of subdivision (d).
(f) This section shall not apply to emergency services and care as defined in Section 1317.1 of the Health and Safety Code.
(f)
(g) A violation of this section 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 section as it pertains to that boards prescribers.