SB 360 — Controlled Substance Utilization Review and Evaluation System.

Summary

Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice, contingent upon the availability of adequate funds from various funds related to health care, as specified, to maintain the Controlled Substance 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 all practitioners authorized to prescribe or dispense these controlled substances. Existing law defines a security printer as a person approved to produce controlled substance prescription forms. Existing law requires that prescription forms for controlled substance prescriptions be obtained from security printers approved by the Department of Justice. These provisions authorize the department to approve a security printer who provides specified information to the department, including the location, names, and titles of the applicant's agent for service of process, all principal corporate officers, if any, and all managing general partners, if any. Existing law also requires those persons to provide a signed statement indicating whether they have ever been convicted of, or pled no contest to, a violation of any law or ordinance. Existing law authorizes the department to revoke its approval of a security printer for a violation of these provisions or action that would permit a denial. This bill would expand those requirements imposed on an applicant for approval as a security printer to additionally require the applicant to provide the location, names, and titles of any individual owner, partner, corporate officer, manager, agent, representative, employee, or subcontractor of the applicant who has direct access to, or management or control of, controlled substance prescription forms and require those persons to submit the signed statement described above. The bill would also make conforming and related changes. In addition, the bill would require that controlled substance prescription forms provided in person be restricted to established customers. The bill would require security printers to obtain photo identification from the customer and maintain a log of the information, and to report any theft or loss of controlled substance prescription forms to the department via fax or e-mail within 24 hours of the incident. The bill would also require that controlled substance prescription forms be shipped only to the prescriber's address on file and verified with the federal Drug Enforcement Administration or the Medical Board of California. The bill would specify penalties for certain violations, including, among others, failure to comply with security printer guidelines, failure to take reasonable precautions to prevent any dishonest act or illegal activity related to the access and control of security prescription forms, and theft or fraudulent use of a prescriber's identity in order to obtain security prescription forms. By creating new crimes, this bill would impose a state-mandated local program. Existing law governs the prescription forms for controlled substances. Among other things, the forms are required to include the preprinted name, category of licensure, license number, and federal controlled substance registration number of the prescribing practitioner. This bill would also require the forms to include the address of the prescribing practitioner. The bill would make an additional change relating to forms ordered for use by prescribers when treating patients in licensed health care facilities or certain clinics that are exempt from other requirements governing these forms. The bill would provide that prescription forms that are not in compliance with these provisions shall not be accepted after July 1, 2012. The bill would establish a specified process by which a licensed health care practitioner or a pharmacist may obtain approval to access information stored on the Internet regarding the controlled substance history of a patient, as specified. The bill would require that the theft or loss of prescription forms be reported immediately to the department, as specified. The bill would also require the department to conduct audits of the CURES prescription drug monitoring system and authorize the department to establish a system for issuing citations, and for assessing and imposing administrative fines, not to exceed $2,500 for each violation, that would be deposited in the CURES Program Special Fund, for violations of the program, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/02/11 - Chaptered Current pdf October 02, 2011
• Enrolled 09/13/11 - Enrolled pdf September 13, 2011
• Amended 07/07/11 - Amended Assembly pdf July 07, 2011
• Amended 05/10/11 - Amended Senate pdf May 10, 2011
• Amended 04/14/11 - Amended Senate pdf April 14, 2011
• Amended 03/22/11 - Amended Senate pdf March 22, 2011
• Introduced 02/15/11 - Introduced pdf February 15, 2011
• SB360 View text html

Action History

1. October 02, 2011

   Chaptered by Secretary of State. Chapter 418, Statutes of 2011.

2. October 02, 2011

   Approved by the Governor.

3. September 16, 2011

   Enrolled and presented to the Governor at 10:30 a.m.

4. September 09, 2011

   Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2460.) Ordered to engrossing and enrolling.

5. September 09, 2011

   In Senate. Concurrence in Assembly amendments pending.

6. September 07, 2011

   Read third time. Passed. (Ayes 78. Noes 0. Page 2995.) Ordered to the Senate.

7. August 26, 2011

   Read second time. Ordered to third reading.

8. August 26, 2011

   From committee: Do pass. (Ayes 17. Noes 0.) (August 25).

9. August 17, 2011

   Set, first hearing. Referred to APPR. suspense file.

10. July 07, 2011

    Read second time and amended. Re-referred to Com. on APPR.

11. July 06, 2011

    From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 5).

12. June 13, 2011

    Referred to Com. on PUB. S.

13. June 02, 2011

    In Assembly. Read first time. Held at Desk.

14. June 02, 2011

    Read third time. Passed. (Ayes 39. Noes 0. Page 1282.) Ordered to the Assembly.

15. May 31, 2011

    Ordered to special consent calendar.

16. May 27, 2011

    Read second time. Ordered to third reading.

17. May 26, 2011

    From committee: Do pass. (Ayes 9. Noes 0. Page 1115.) (May 26).

18. May 25, 2011

    Set for hearing May 26.

19. May 23, 2011

    Placed on APPR. suspense file.

20. May 13, 2011

    Set for hearing May 23.

21. May 10, 2011

    Read second time and amended. Re-referred to Com. on APPR.

22. May 09, 2011

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 862.) (May 3).

23. April 26, 2011

    Set for hearing May 3.

24. April 14, 2011

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

25. March 31, 2011

    Re-referred to Com. on PUB. S.

26. March 22, 2011

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

27. February 24, 2011

    Referred to Com. on RLS.

28. February 16, 2011

    From printer. May be acted upon on or after March 18.

29. February 15, 2011

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• DeSaulnier · Primary

Votes

Subjects