California 2013-2014 Regular Session Status: Enacted

SB 809 — Controlled substances: reporting.

Last action — Chaptered by Secretary of State. Chapter 400, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2013. Enacted.

Prognosis

Likely to advance 64% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Mixed recorded votes

    11 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice 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 requires dispensing pharmacies and clinics to report, on a weekly basis, specified information for each prescription of Schedule II, Schedule III, or Schedule IV controlled substances, to the department, as specified. This bill would establish the CURES Fund within the State Treasury to receive funds to be allocated, upon appropriation by the Legislature, to the Department of Justice for the purposes of funding CURES, and would make related findings and declarations. This bill would, beginning April 1, 2014, require an annual fee of $6 to be assessed on specified licensees, including licensees authorized to prescribe, order, administer, furnish, or dispense controlled substances, and require the regulating agency of each of those licensees to bill and collect that fee at the time of license renewal. The bill would authorize the Department of Consumer Affairs to reduce, by regulation, that fee to the reasonable cost of operating and maintaining CURES for the purpose of regulating those licensees, if the reasonable regulatory cost is less than $6 per licensee. The bill would require the proceeds of the fee to be deposited into the CURES Fund for the support of CURES, as specified. The bill would also permit specified insurers, health care service plans, qualified manufacturers, and other donors to voluntarily contribute to the CURES Fund, as described. (2) Existing law requires the Medical Board of California to periodically develop and disseminate information and educational materials regarding various subjects, including pain management techniques, to each licensed physician and surgeon and to each general acute care hospital in California. This bill would additionally require the board to periodically develop and disseminate to each licensed physician and surgeon and to each general acute care hospital in California information and educational materials relating to the assessment of a patient's risk of abusing or diverting controlled substances and information relating to CURES. (3) Existing law permits a licensed health care practitioner, as specified, or a pharmacist to apply to the Department of Justice to obtain approval to access information stored on the Internet regarding the controlled substance history of a patient under his or her care. Existing law also authorizes the Department of Justice to provide the history of controlled substances dispensed to an individual to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. This bill would require, by January 1, 2016, or upon receipt of a federal Drug Enforcement Administration registration, whichever occurs later, health care practitioners authorized to prescribe, order, administer, furnish, or dispense controlled substances, as specified, and pharmacists to apply to the Department of Justice to obtain approval to access information stored on the Internet regarding the controlled substance history of a patient under their care. The bill would require the Department of Justice, in conjunction with the Department of Consumer Affairs and certain licensing boards, to, among other things, develop a streamlined application and approval process to provide access to the CURES database for licensed health care practitioners and pharmacists. The bill would make other related and conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 400, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2294.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 1. Page 3025.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 16. Noes 0.) (August 30).

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

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (August 13). Re-referred to Com. on APPR.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B.,P. & C.P.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B.,P. & C.P.

  14. From committee: Do pass and re-refer to Com. on B.,P. & C.P. (Ayes 7. Noes 0.) (June 25). Re-referred to Com. on B.,P. & C.P.

  15. Referred to Com. on PUB. S.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 1201.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. Ordered to second reading.

  20. Read third time and amended.

  21. Reconsideration granted. (Ayes 39. Noes 0. Page 1115.)

  22. Motion to reconsider made by Senator DeSaulnier.

  23. Read third time. Urgency clause refused adoption. (Ayes 23. Noes 14. Page 1115.)

  24. Read second time and amended. Ordered to third reading.

  25. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1020.) (May 23).

  26. Set for hearing May 23.

  27. Placed on APPR. suspense file.

  28. Set for hearing May 20.

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

  30. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 882.) (May 8).

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  32. Set for hearing May 8.

  33. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 2. Page 564.) (April 15). Re-referred to Com. on GOV. & F.

  34. Set for hearing April 15.

  35. Referred to Coms. on B., P. & E.D. and GOV. & F.

  36. Read first time.

  37. From printer. May be acted upon on or after March 26.

  38. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Blumenfield · Cosponsor
  • DeSaulnier · Primary
  • Hancock · Cosponsor
  • Lieu · Cosponsor
  • Pavley · Cosponsor
  • Price · Cosponsor
  • Steinberg · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 3 voted No

Sponsors (1)

  • DeSaulnier

Co-sponsors (6)

  • Blumenfield
  • Hancock
  • Lieu
  • Pavley
  • Price
  • Steinberg

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB809 DeSaulnier Concurrence

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hernandez — Yea
Hueso — Yea
Leno — Yea
Lieu — Yea
Torres — Yea
Wolk — Yea
Emmerson — Yea
DeSaulnier — Yea
Wyland — Yea
Evans — Yea
Galgiani — Yea
Hancock — Yea
Hill — Yea
De León — Yea
Huff — Yea
Cannella — Yea
Knight — Yea
Corbett — Yea
Correa — Yea
Lara — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Wright — Yea
Walters — Not Voting
Fuller — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 809 DeSaulnier Senate Third Reading By JONES-SAWYER

Passed 77 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70100
Democratic 4000
Republican 3000
Total 77100
% of votes cast 99%1%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Perea — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Fox — Yea
Gorell — Yea
Campos — Yea
Allen — Yea
Daly — Yea
Dickinson — Yea
Mullin — Yea
Nazarian — Yea
Wagner — Yea
Chau — Yea
Bonilla — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Holden — Yea
Gray — Yea
Linder — Yea
Mitchell — Yea
Medina — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Morrell — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Eggman — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Waldron — Yea
Wieckowski — Yea
Donnelly — Nay
Levine — Yea
Melendez — Yea
Nestande — Yea
Williams — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Harkey — Yea
Linder — Yea
Pan — Yea
Quirk — Yea
Gomez — Yea
Hall — Yea
Bocanegra — Yea
Holden — Yea
Campos — Yea
Donnelly — Not Voting
Eggman — Yea
Wagner — Yea
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Republican 1000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Holden — Yea
Maienschein — Yea
Ting — Yea
Wilk — Yea
Campos — Yea
Bocanegra — Yea
Bonilla — Yea
Gordon — Yea
Hagman — Yea
Eggman — Yea
Mullin — Yea
Skinner — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading (Urgency Clause)

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Leno — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Wyland — Yea
Fuller — Yea
Galgiani — Yea
De León — Yea
Cannella — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Corbett — Yea
Correa — Yea
Lara — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading

Failed 23 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211302
Democratic 2100
Total 231402
% of votes cast 59%36%0%5%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Hernandez — Yea
Hueso — Yea
Knight — Nay
Leno — Yea
Lieu — Yea
Torres — Yea
Emmerson — Not Voting
Correa — Nay
Wright — Yea
De León — Yea
Liu — Yea
Cannella — Nay
Fuller — Nay
Galgiani — Nay
Hancock — Yea
Hill — Yea
Huff — Nay
Lara — Yea
Anderson — Nay
Corbett — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Price — Yea
Roth — Nay
Walters — Not Voting
Wolk — Yea
Steinberg — Yea
Evans — Yea
Wyland — Nay
DeSaulnier — Yea
Yee — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Nay
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading SB809 DeSaulnier Reconsider

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Torres — Yea
Wright — Yea
Liu — Yea
Wyland — Yea
De León — Yea
Evans — Yea
Fuller — Yea
Hancock — Yea
Cannella — Yea
Hueso — Yea
Corbett — Yea
Knight — Yea
Lara — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Price — Yea
Roth — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Lara — Yea
Steinberg — Yea
Walters — Not Voting
De León — Yea
Hill — Yea
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 809 do?
(1) Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice 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 requires dispensing pharmacies and clinics to report, on a weekly basis, specified information for each prescription of Schedule II, Schedule III, or Schedule IV controlled substances, to the department, as specified. This bill would establish the CURES Fund within the State Treasury to receive funds to be allocated, upon appropriation by the Legislature, to the Department of Justice for the purposes of funding CURES, and would make related findings and declarations. This bill would, beginning April 1, 2014, require an annual fee of $6 to be assessed on specified licensees, including licensees authorized to prescribe, order, administer, furnish, or dispense controlled substances, and require the regulating agency of each of those licensees to bill and collect that fee at the time of license renewal. The bill would authorize the Department of Consumer Affairs to reduce, by regulation, that fee to the reasonable cost of operating and maintaining CURES for the purpose of regulating those licensees, if the reasonable regulatory cost is less than $6 per licensee. The bill would require the proceeds of the fee to be deposited into the CURES Fund for the support of CURES, as specified. The bill would also permit specified insurers, health care service plans, qualified manufacturers, and other donors to voluntarily contribute to the CURES Fund, as described. (2) Existing law requires the Medical Board of California to periodically develop and disseminate information and educational materials regarding various subjects, including pain management techniques, to each licensed physician and surgeon and to each general acute care hospital in California. This bill would additionally require the board to periodically develop and disseminate to each licensed physician and surgeon and to each general acute care hospital in California information and educational materials relating to the assessment of a patient's risk of abusing or diverting controlled substances and information relating to CURES. (3) Existing law permits a licensed health care practitioner, as specified, or a pharmacist to apply to the Department of Justice to obtain approval to access information stored on the Internet regarding the controlled substance history of a patient under his or her care. Existing law also authorizes the Department of Justice to provide the history of controlled substances dispensed to an individual to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. This bill would require, by January 1, 2016, or upon receipt of a federal Drug Enforcement Administration registration, whichever occurs later, health care practitioners authorized to prescribe, order, administer, furnish, or dispense controlled substances, as specified, and pharmacists to apply to the Department of Justice to obtain approval to access information stored on the Internet regarding the controlled substance history of a patient under their care. The bill would require the Department of Justice, in conjunction with the Department of Consumer Affairs and certain licensing boards, to, among other things, develop a streamlined application and approval process to provide access to the CURES database for licensed health care practitioners and pharmacists. The bill would make other related and conforming changes.
Who sponsors SB 809?
SB 809 is sponsored by Blumenfield, DeSaulnier, Hancock, Lieu, Pavley, Price, and Steinberg.
What is the current status of SB 809?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track SB 809?
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