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California Assembly Bill AB1343

California 2021-2022 Regular Session

California Assembly Bill AB1343 Compare Versions

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11 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1343Introduced by Assembly Member CooperFebruary 19, 2021 An act to amend Section 11165.4 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1343, as introduced, Cooper. Controlled substances: CURES database.Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substances Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. Existing law requires an authorized health care practitioner to consult the CURES database to review a patients controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and, on or before July 1, 2021, at least once every 6 months thereafter, as specified. Existing law makes exceptions for the requirement to consult the CURES database, including if a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for surgical, radiotherapeutic, therapeutic, or diagnosed procedure, as specified. This bill would create an additional exception to the requirement to consult the CURES database for a health care practitioner who is employed by a substance use disorder treatment clinic or program who is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances if there have been consultations in the CURES database within the previous 6 months.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 11165.4 of the Health and Safety Code, as added by Section 10 of Chapter 677 of the Statutes of 2019, is amended to read:11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity report or information from the patient activity report obtained from the CURES database to review a patients controlled substance history for the past 12 months before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the patient activity report from the CURES database the first time the health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient, the health care practitioner shall consult the patient activity report from the CURES database to review the patients controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(iii) A health care practitioner who did not directly access the CURES database to perform the required review of the controlled substance use report shall document in the patients medical record that they reviewed the CURES database generated report within 24 hours of the controlled substance prescription that was provided to them by another authorized user of the CURES database.(B) For purposes of this paragraph, first time means the initial occurrence in which a health care practitioner, in their role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.(2) A health care practitioner shall review a patients controlled substance history that has been obtained from the CURES database no earlier than 24 hours, or the previous business day, before the health care practitioner prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient in any of the following facilities or during a transfer between any of the following facilities, or for use while on facility premises:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) Another medical facility, including, but not limited to, an office of a health care practitioner and an imaging center.(F) A correctional clinic, as described in Section 4187 of the Business and Professions Code, or a correctional pharmacy, as described in Section 4021.5 of the Business and Professions Code.(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for a surgical, radiotherapeutic, therapeutic, or diagnostic procedure and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.(F) Another medical facility where surgical procedures are permitted to take place, including, but not limited to, the office of a health care practitioner.(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2.(5) (A) If all of the following circumstances are satisfied:(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patients medical record.(6) If the CURES database is not operational, as determined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioners control.(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patients inability to obtain a prescription in a timely manner and thereby adversely impact the patients medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use.(9) If a health care practitioner is employed by a substance use disorder treatment clinic or program and is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances and there have been consultations with the CURES database within the previous six months.(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioners liability for the negligent failure to diagnose or treat a patient.(e) All applicable state and federal privacy laws govern the duties required by this section.(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
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33 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1343Introduced by Assembly Member CooperFebruary 19, 2021 An act to amend Section 11165.4 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGESTAB 1343, as introduced, Cooper. Controlled substances: CURES database.Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substances Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. Existing law requires an authorized health care practitioner to consult the CURES database to review a patients controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and, on or before July 1, 2021, at least once every 6 months thereafter, as specified. Existing law makes exceptions for the requirement to consult the CURES database, including if a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for surgical, radiotherapeutic, therapeutic, or diagnosed procedure, as specified. This bill would create an additional exception to the requirement to consult the CURES database for a health care practitioner who is employed by a substance use disorder treatment clinic or program who is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances if there have been consultations in the CURES database within the previous 6 months.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 1343
1414
1515 Introduced by Assembly Member CooperFebruary 19, 2021
1616
1717 Introduced by Assembly Member Cooper
1818 February 19, 2021
1919
2020 An act to amend Section 11165.4 of the Health and Safety Code, relating to controlled substances.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 1343, as introduced, Cooper. Controlled substances: CURES database.
2727
2828 Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substances Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. Existing law requires an authorized health care practitioner to consult the CURES database to review a patients controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and, on or before July 1, 2021, at least once every 6 months thereafter, as specified. Existing law makes exceptions for the requirement to consult the CURES database, including if a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for surgical, radiotherapeutic, therapeutic, or diagnosed procedure, as specified. This bill would create an additional exception to the requirement to consult the CURES database for a health care practitioner who is employed by a substance use disorder treatment clinic or program who is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances if there have been consultations in the CURES database within the previous 6 months.
2929
3030 Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substances Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. Existing law requires an authorized health care practitioner to consult the CURES database to review a patients controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and, on or before July 1, 2021, at least once every 6 months thereafter, as specified. Existing law makes exceptions for the requirement to consult the CURES database, including if a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for surgical, radiotherapeutic, therapeutic, or diagnosed procedure, as specified.
3131
3232 This bill would create an additional exception to the requirement to consult the CURES database for a health care practitioner who is employed by a substance use disorder treatment clinic or program who is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances if there have been consultations in the CURES database within the previous 6 months.
3333
3434 ## Digest Key
3535
3636 ## Bill Text
3737
3838 The people of the State of California do enact as follows:SECTION 1. Section 11165.4 of the Health and Safety Code, as added by Section 10 of Chapter 677 of the Statutes of 2019, is amended to read:11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity report or information from the patient activity report obtained from the CURES database to review a patients controlled substance history for the past 12 months before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the patient activity report from the CURES database the first time the health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient, the health care practitioner shall consult the patient activity report from the CURES database to review the patients controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(iii) A health care practitioner who did not directly access the CURES database to perform the required review of the controlled substance use report shall document in the patients medical record that they reviewed the CURES database generated report within 24 hours of the controlled substance prescription that was provided to them by another authorized user of the CURES database.(B) For purposes of this paragraph, first time means the initial occurrence in which a health care practitioner, in their role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.(2) A health care practitioner shall review a patients controlled substance history that has been obtained from the CURES database no earlier than 24 hours, or the previous business day, before the health care practitioner prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient in any of the following facilities or during a transfer between any of the following facilities, or for use while on facility premises:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) Another medical facility, including, but not limited to, an office of a health care practitioner and an imaging center.(F) A correctional clinic, as described in Section 4187 of the Business and Professions Code, or a correctional pharmacy, as described in Section 4021.5 of the Business and Professions Code.(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for a surgical, radiotherapeutic, therapeutic, or diagnostic procedure and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.(F) Another medical facility where surgical procedures are permitted to take place, including, but not limited to, the office of a health care practitioner.(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2.(5) (A) If all of the following circumstances are satisfied:(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patients medical record.(6) If the CURES database is not operational, as determined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioners control.(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patients inability to obtain a prescription in a timely manner and thereby adversely impact the patients medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use.(9) If a health care practitioner is employed by a substance use disorder treatment clinic or program and is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances and there have been consultations with the CURES database within the previous six months.(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioners liability for the negligent failure to diagnose or treat a patient.(e) All applicable state and federal privacy laws govern the duties required by this section.(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. Section 11165.4 of the Health and Safety Code, as added by Section 10 of Chapter 677 of the Statutes of 2019, is amended to read:11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity report or information from the patient activity report obtained from the CURES database to review a patients controlled substance history for the past 12 months before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the patient activity report from the CURES database the first time the health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient, the health care practitioner shall consult the patient activity report from the CURES database to review the patients controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(iii) A health care practitioner who did not directly access the CURES database to perform the required review of the controlled substance use report shall document in the patients medical record that they reviewed the CURES database generated report within 24 hours of the controlled substance prescription that was provided to them by another authorized user of the CURES database.(B) For purposes of this paragraph, first time means the initial occurrence in which a health care practitioner, in their role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.(2) A health care practitioner shall review a patients controlled substance history that has been obtained from the CURES database no earlier than 24 hours, or the previous business day, before the health care practitioner prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient in any of the following facilities or during a transfer between any of the following facilities, or for use while on facility premises:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) Another medical facility, including, but not limited to, an office of a health care practitioner and an imaging center.(F) A correctional clinic, as described in Section 4187 of the Business and Professions Code, or a correctional pharmacy, as described in Section 4021.5 of the Business and Professions Code.(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for a surgical, radiotherapeutic, therapeutic, or diagnostic procedure and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.(F) Another medical facility where surgical procedures are permitted to take place, including, but not limited to, the office of a health care practitioner.(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2.(5) (A) If all of the following circumstances are satisfied:(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patients medical record.(6) If the CURES database is not operational, as determined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioners control.(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patients inability to obtain a prescription in a timely manner and thereby adversely impact the patients medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use.(9) If a health care practitioner is employed by a substance use disorder treatment clinic or program and is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances and there have been consultations with the CURES database within the previous six months.(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioners liability for the negligent failure to diagnose or treat a patient.(e) All applicable state and federal privacy laws govern the duties required by this section.(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
4545
4646 SECTION 1. Section 11165.4 of the Health and Safety Code, as added by Section 10 of Chapter 677 of the Statutes of 2019, is amended to read:
4747
4848 ### SECTION 1.
4949
5050 11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity report or information from the patient activity report obtained from the CURES database to review a patients controlled substance history for the past 12 months before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the patient activity report from the CURES database the first time the health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient, the health care practitioner shall consult the patient activity report from the CURES database to review the patients controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(iii) A health care practitioner who did not directly access the CURES database to perform the required review of the controlled substance use report shall document in the patients medical record that they reviewed the CURES database generated report within 24 hours of the controlled substance prescription that was provided to them by another authorized user of the CURES database.(B) For purposes of this paragraph, first time means the initial occurrence in which a health care practitioner, in their role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.(2) A health care practitioner shall review a patients controlled substance history that has been obtained from the CURES database no earlier than 24 hours, or the previous business day, before the health care practitioner prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient in any of the following facilities or during a transfer between any of the following facilities, or for use while on facility premises:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) Another medical facility, including, but not limited to, an office of a health care practitioner and an imaging center.(F) A correctional clinic, as described in Section 4187 of the Business and Professions Code, or a correctional pharmacy, as described in Section 4021.5 of the Business and Professions Code.(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for a surgical, radiotherapeutic, therapeutic, or diagnostic procedure and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.(F) Another medical facility where surgical procedures are permitted to take place, including, but not limited to, the office of a health care practitioner.(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2.(5) (A) If all of the following circumstances are satisfied:(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patients medical record.(6) If the CURES database is not operational, as determined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioners control.(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patients inability to obtain a prescription in a timely manner and thereby adversely impact the patients medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use.(9) If a health care practitioner is employed by a substance use disorder treatment clinic or program and is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances and there have been consultations with the CURES database within the previous six months.(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioners liability for the negligent failure to diagnose or treat a patient.(e) All applicable state and federal privacy laws govern the duties required by this section.(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
5151
5252 11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity report or information from the patient activity report obtained from the CURES database to review a patients controlled substance history for the past 12 months before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the patient activity report from the CURES database the first time the health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient, the health care practitioner shall consult the patient activity report from the CURES database to review the patients controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(iii) A health care practitioner who did not directly access the CURES database to perform the required review of the controlled substance use report shall document in the patients medical record that they reviewed the CURES database generated report within 24 hours of the controlled substance prescription that was provided to them by another authorized user of the CURES database.(B) For purposes of this paragraph, first time means the initial occurrence in which a health care practitioner, in their role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.(2) A health care practitioner shall review a patients controlled substance history that has been obtained from the CURES database no earlier than 24 hours, or the previous business day, before the health care practitioner prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient in any of the following facilities or during a transfer between any of the following facilities, or for use while on facility premises:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) Another medical facility, including, but not limited to, an office of a health care practitioner and an imaging center.(F) A correctional clinic, as described in Section 4187 of the Business and Professions Code, or a correctional pharmacy, as described in Section 4021.5 of the Business and Professions Code.(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for a surgical, radiotherapeutic, therapeutic, or diagnostic procedure and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.(F) Another medical facility where surgical procedures are permitted to take place, including, but not limited to, the office of a health care practitioner.(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2.(5) (A) If all of the following circumstances are satisfied:(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patients medical record.(6) If the CURES database is not operational, as determined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioners control.(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patients inability to obtain a prescription in a timely manner and thereby adversely impact the patients medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use.(9) If a health care practitioner is employed by a substance use disorder treatment clinic or program and is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances and there have been consultations with the CURES database within the previous six months.(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioners liability for the negligent failure to diagnose or treat a patient.(e) All applicable state and federal privacy laws govern the duties required by this section.(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
5353
5454 11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity report or information from the patient activity report obtained from the CURES database to review a patients controlled substance history for the past 12 months before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the patient activity report from the CURES database the first time the health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient, the health care practitioner shall consult the patient activity report from the CURES database to review the patients controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.(iii) A health care practitioner who did not directly access the CURES database to perform the required review of the controlled substance use report shall document in the patients medical record that they reviewed the CURES database generated report within 24 hours of the controlled substance prescription that was provided to them by another authorized user of the CURES database.(B) For purposes of this paragraph, first time means the initial occurrence in which a health care practitioner, in their role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.(2) A health care practitioner shall review a patients controlled substance history that has been obtained from the CURES database no earlier than 24 hours, or the previous business day, before the health care practitioner prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.(b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.(c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:(1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient in any of the following facilities or during a transfer between any of the following facilities, or for use while on facility premises:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) Another medical facility, including, but not limited to, an office of a health care practitioner and an imaging center.(F) A correctional clinic, as described in Section 4187 of the Business and Professions Code, or a correctional pharmacy, as described in Section 4021.5 of the Business and Professions Code.(2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.(3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for a surgical, radiotherapeutic, therapeutic, or diagnostic procedure and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:(A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.(B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.(C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.(D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.(E) A place of practice, as defined in Section 1658 of the Business and Professions Code.(F) Another medical facility where surgical procedures are permitted to take place, including, but not limited to, the office of a health care practitioner.(4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2.(5) (A) If all of the following circumstances are satisfied:(i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.(ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.(iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.(B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patients medical record.(6) If the CURES database is not operational, as determined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioners control.(7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.(8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patients inability to obtain a prescription in a timely manner and thereby adversely impact the patients medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use.(9) If a health care practitioner is employed by a substance use disorder treatment clinic or program and is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances and there have been consultations with the CURES database within the previous six months.(d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.(2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioners liability for the negligent failure to diagnose or treat a patient.(e) All applicable state and federal privacy laws govern the duties required by this section.(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
5555
5656
5757
5858 11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the patient activity report or information from the patient activity report obtained from the CURES database to review a patients controlled substance history for the past 12 months before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.
5959
6060 (ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the patient activity report from the CURES database the first time the health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient, the health care practitioner shall consult the patient activity report from the CURES database to review the patients controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every six months thereafter if the prescriber renews the prescription and the substance remains part of the treatment of the patient.
6161
6262 (iii) A health care practitioner who did not directly access the CURES database to perform the required review of the controlled substance use report shall document in the patients medical record that they reviewed the CURES database generated report within 24 hours of the controlled substance prescription that was provided to them by another authorized user of the CURES database.
6363
6464 (B) For purposes of this paragraph, first time means the initial occurrence in which a health care practitioner, in their role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient.
6565
6666 (2) A health care practitioner shall review a patients controlled substance history that has been obtained from the CURES database no earlier than 24 hours, or the previous business day, before the health care practitioner prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient.
6767
6868 (b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists.
6969
7070 (c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances:
7171
7272 (1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient in any of the following facilities or during a transfer between any of the following facilities, or for use while on facility premises:
7373
7474 (A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.
7575
7676 (B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.
7777
7878 (C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.
7979
8080 (D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.
8181
8282 (E) Another medical facility, including, but not limited to, an office of a health care practitioner and an imaging center.
8383
8484 (F) A correctional clinic, as described in Section 4187 of the Business and Professions Code, or a correctional pharmacy, as described in Section 4021.5 of the Business and Professions Code.
8585
8686 (2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use.
8787
8888 (3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patients treatment for a surgical, radiotherapeutic, therapeutic, or diagnostic procedure and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities:
8989
9090 (A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2.
9191
9292 (B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2.
9393
9494 (C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2.
9595
9696 (D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2.
9797
9898 (E) A place of practice, as defined in Section 1658 of the Business and Professions Code.
9999
100100 (F) Another medical facility where surgical procedures are permitted to take place, including, but not limited to, the office of a health care practitioner.
101101
102102 (4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient who is terminally ill, as defined in subdivision (c) of Section 11159.2.
103103
104104 (5) (A) If all of the following circumstances are satisfied:
105105
106106 (i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner.
107107
108108 (ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available.
109109
110110 (iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed.
111111
112112 (B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason they did not consult the database in the patients medical record.
113113
114114 (6) If the CURES database is not operational, as determined by the department, or cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct the cause of the temporary technological or electrical failure that is reasonably within the health care practitioners control.
115115
116116 (7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner.
117117
118118 (8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patients inability to obtain a prescription in a timely manner and thereby adversely impact the patients medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable seven-day supply if the controlled substance were used in accordance with the directions for use.
119119
120120 (9) If a health care practitioner is employed by a substance use disorder treatment clinic or program and is treating patients who are enrolled in substance abuse disorder treatment with regularly prescribed or furnished controlled substances and there have been consultations with the CURES database within the previous six months.
121121
122122 (d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board.
123123
124124 (2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioners liability for the negligent failure to diagnose or treat a patient.
125125
126126 (e) All applicable state and federal privacy laws govern the duties required by this section.
127127
128128 (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
129129
130130 (g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.