AB 40 is sponsored by Santiago.

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California 2017-2018 Regular Session Status: Enacted

AB 40 — CURES database: health information technology system.

Last action October 09, 2017 — Chaptered by Secretary of State - Chapter 607, Statutes of 2017.

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✓
Introduced
✓
In Committee
✓
Passed Assembly
✓
Passed Senate
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced December 05, 2016. Enacted.

Prognosis

Likely to advance 70% · 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.
1 sponsor

1 primary, 0 co-sponsors signed on.
Cleared a recorded vote

Passed 10 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

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 a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. This bill would, no later than October 1, 2018, require the Department of Justice to make the electronic history of controlled substances dispensed to an individual under a health care practitioner's or pharmacist's care, based on data contained in the CURES database, available to the practitioner or pharmacist, as specified. The bill would authorize a health care practitioner or pharmacist to submit a query to the CURES database through the department's online portal or through a health information technology system if the entity operating the system has entered into a memorandum of understanding with the department addressing the technical specifications of the system and can certify, among other requirements, that the system meets applicable patient privacy and information security requirements of state and federal law. The bill would also require an entity operating a health information technology system that is requesting to establish an integration with the CURES database to pay a reasonable system maintenance fee. The bill would prohibit the department from accessing patient-identifiable information in an entity's health information technology system. The bill would authorize the department to prohibit integration or terminate a health information technology system's ability to retrieve information in the CURES database if the health information technology system or the entity operating the health information technology system does not comply with specified provisions of the bill. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Chaptered 10/09/17 - Chaptered Current pdf October 09, 2017
Enrolled 09/15/17 - Enrolled pdf September 15, 2017
Amended 09/08/17 - Amended Senate pdf September 08, 2017
Amended 09/01/17 - Amended Senate pdf September 01, 2017
Amended 08/22/17 - Amended Senate pdf August 22, 2017
Amended 07/10/17 - Amended Senate pdf July 10, 2017
Amended 07/05/17 - Amended Senate pdf July 05, 2017
Amended 05/26/17 - Amended Assembly pdf May 26, 2017
Amended 04/19/17 - Amended Assembly pdf April 19, 2017
Introduced 12/05/16 - Introduced pdf December 05, 2016
AB40 View text html

Action History

October 09, 2017
Chaptered by Secretary of State - Chapter 607, Statutes of 2017.
October 09, 2017
Approved by the Governor.
September 25, 2017
Enrolled and presented to the Governor at 12 p.m.
September 14, 2017
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3421.).
September 14, 2017
Ordered to special consent calendar.
September 14, 2017
In Assembly. Concurrence in Senate amendments pending.
September 14, 2017
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2912.).
September 12, 2017
Ordered to special consent calendar.
September 11, 2017
Read second time. Ordered to third reading.
September 08, 2017
Read third time and amended. Ordered to second reading.
September 05, 2017
Read second time. Ordered to third reading.
September 01, 2017
Read second time and amended. Ordered returned to second reading.
September 01, 2017
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).
August 28, 2017
In committee: Referred to APPR. suspense file.
August 22, 2017
Read second time and amended. Re-referred to Com. on APPR.
August 21, 2017
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 18).
July 10, 2017
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
July 05, 2017
Read second time and amended. Re-referred to Com. on JUD.
July 03, 2017
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (July 3).
June 19, 2017
In committee: Hearing postponed by committee.
June 14, 2017
Referred to Coms. on B., P. & E.D. and JUD.
June 01, 2017
In Senate. Read first time. To Com. on RLS. for assignment.
May 31, 2017
Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1922.).
May 30, 2017
Read second time. Ordered to third reading.
May 26, 2017
Read second time and amended. Ordered returned to second reading.
May 26, 2017
From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 26).
May 17, 2017
In committee: Set, first hearing. Referred to APPR. suspense file.
May 10, 2017
In committee: Hearing postponed by committee.
April 25, 2017
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR.
April 20, 2017
Re-referred to Com. on PUB. S.
April 19, 2017
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
April 04, 2017
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on PUB. S.
January 19, 2017
Referred to Coms. on B. & P. and PUB. S.
December 06, 2016
From printer. May be heard in committee January 5.
December 05, 2016
Read first time. To print.

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Santiago

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 40 Santiago Special Consent Calendar 1st Day

September 15, 2017

Passed 79 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	58	0	0	0
Democratic	15	0	0	0
Republican	6	0	0	0
Total	79	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (79)

Member	Party	Vote
Acosta	—	Yea
Baker	—	Yea
Bigelow	—	Yea
Bloom	—	Yea
Brough	—	Yea
Jones-Sawyer	—	Yea
Maienschein	—	Yea
Mathis	—	Yea
O'Donnell	—	Yea
Quirk	—	Yea
Ridley-Thomas	—	Yea
Steinorth	—	Yea
Voepel	—	Yea
Eggman	—	Yea
Cooley	—	Yea
Cunningham	—	Yea
Dababneh	—	Yea
Daly	—	Yea
Burke	—	Yea
Gonzalez Fletcher	—	Yea
Frazier	—	Yea
Friedman	—	Yea
Gloria	—	Yea
Rubio	—	Yea
Salas	—	Yea
Harper	—	Yea
Holden	—	Yea
Kiley	—	Yea
Bocanegra	—	Yea
Fong	—	Yea
Gray	—	Yea
Levine	—	Yea
Low	—	Yea
Mayes	—	Yea
McCarty	—	Yea
Medina	—	Yea
Chau	—	Yea
Chiu	—	Yea
Chu	—	Yea
Chávez	—	Yea
Cooper	—	Yea
Melendez	—	Yea
Mullin	—	Yea
Obernolte	—	Yea
Rendon	—	Yea
Rodriguez	—	Yea
Santiago	—	Yea
Thurmond	—	Yea
Ting	—	Yea
Waldron	—	Yea
Weber	—	Yea
Wood	—	Yea
Nazarian	—	Yea
Cristina Garcia	—	Yea
Eduardo Garcia	—	Yea
Jim Patterson	—	Yea
Mark Stone	—	Yea
Travis Allen	—	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Arambula, Joaquin	Democratic	Yea
Berman, Marc	Democratic	Yea
Bonta, Mia	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Calderon, Lisa	Democratic	Yea
Cervantes, Sabrina	Democratic	Yea
Gipson, Mike A.	Democratic	Yea
Grayson, Timothy S.	Democratic	Yea
Irwin, Jacqui	Democratic	Yea
Kalra, Ash	Democratic	Yea
Limón, Monique	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Quirk-Silva, Sharon	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Chen, Phillip	Republican	Yea
Choi, Steven S.	Republican	Yea
Dahle, Megan	Republican	Yea
Flora, Heath	Republican	Yea
Gallagher, James	Republican	Yea
Lackey, Tom	Republican	Yea

Official roll call →

Special Consent Calendar # AB40 Santiago By Lara Urgency Clause

September 14, 2017

Passed 40 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	35	0	0	0
Democratic	5	0	0	0
Total	40	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (40)

Member	Party	Vote
Anderson	—	Yea
Bates	—	Yea
Bradford	—	Yea
Leyva	—	Yea
Pan	—	Yea
Skinner	—	Yea
Vidak	—	Yea
Wieckowski	—	Yea
Cannella	—	Yea
Fuller	—	Yea
Galgiani	—	Yea
Glazer	—	Yea
Monning	—	Yea
Allen	—	Yea
De León	—	Yea
Portantino	—	Yea
Atkins	—	Yea
Mitchell	—	Yea
Hernandez	—	Yea
Dodd	—	Yea
Hertzberg	—	Yea
Hill	—	Yea
Hueso	—	Yea
Beall	—	Yea
Lara	—	Yea
Mendoza	—	Yea
Moorlach	—	Yea
Morrell	—	Yea
Newman	—	Yea
Nielsen	—	Yea
Roth	—	Yea
Wilk	—	Yea
Beth Gaines	—	Yea
Bill Berryhill	—	Yea
Mark Stone	—	Yea
Jackson, Corey A.	Democratic	Yea
McGuire, Mike	Democratic	Yea
Nguyen, Stephanie	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Wiener, Scott D.	Democratic	Yea

Official roll call →

Do pass as amended

September 01, 2017

Passed 7 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	6	0	0	0
Democratic	1	0	0	0
Total	7	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (7)

Member	Party	Vote
Bradford	—	Yea
Hill	—	Yea
Lara	—	Yea
Bates	—	Yea
Beall	—	Yea
Nielsen	—	Yea
Wiener, Scott D.	Democratic	Yea

Official roll call →

Placed on suspense file

August 28, 2017

Passed 7 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	6	0	0	0
Democratic	1	0	0	0
Total	7	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (7)

Member	Party	Vote
Bates	—	Yea
Beall	—	Yea
Bradford	—	Yea
Hill	—	Yea
Nielsen	—	Yea
Lara	—	Yea
Wiener, Scott D.	Democratic	Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

July 18, 2017

Passed 7 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	5	0	0	0
Democratic	2	0	0	0
Total	7	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (7)

Member	Party	Vote
Hertzberg	—	Yea
Moorlach	—	Yea
Anderson	—	Yea
Monning	—	Yea
Wieckowski	—	Yea
Jackson, Corey A.	Democratic	Yea
Stern, Henry I.	Democratic	Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary]

July 03, 2017

Passed 6 Yea · 0 Nay · 3 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	6	0	0	3
Total	6	0	0	3
% of votes cast	67%	0%	0%	33%

How each member voted (9)

Member	Party	Vote
Hernandez	—	Not Voting
Hill	—	Yea
Pan	—	Yea
Wilk	—	Yea
Fuller	—	Not Voting
Galgiani	—	Yea
Glazer	—	Not Voting
Dodd	—	Yea
Newman	—	Yea

Official roll call →

AB 40 SANTIAGO Third Reading Urgency

May 31, 2017

Passed 77 Yea · 0 Nay · 3 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	55	0	0	2
Democratic	16	0	0	0
Republican	6	0	0	1
Total	77	0	0	3
% of votes cast	96%	0%	0%	4%

How each member voted (80)

Member	Party	Vote
Acosta	—	Yea
Baker	—	Yea
Bigelow	—	Yea
Bloom	—	Yea
Brough	—	Yea
Maienschein	—	Yea
Mathis	—	Yea
Mayes	—	Yea
Rendon	—	Yea
Rodriguez	—	Yea
Steinorth	—	Yea
Waldron	—	Yea
Eggman	—	Not Voting
Cunningham	—	Yea
Dababneh	—	Yea
Daly	—	Yea
Friedman	—	Yea
Gloria	—	Yea
Frazier	—	Yea
Harper	—	Yea
Chávez	—	Yea
Gonzalez Fletcher	—	Yea
Kiley	—	Yea
Voepel	—	Yea
Wood	—	Yea
Rubio	—	Yea
Salas	—	Yea
Gomez	—	Yea
Burke	—	Yea
Bocanegra	—	Yea
Gray	—	Yea
Holden	—	Yea
Jones-Sawyer	—	Yea
Levine	—	Yea
Low	—	Yea
McCarty	—	Yea
Chau	—	Yea
Chiu	—	Yea
Chu	—	Yea
Cooley	—	Yea
Cooper	—	Yea
Medina	—	Yea
Melendez	—	Not Voting
Mullin	—	Yea
Nazarian	—	Yea
O'Donnell	—	Yea
Obernolte	—	Yea
Quirk	—	Yea
Ridley-Thomas	—	Yea
Santiago	—	Yea
Thurmond	—	Yea
Ting	—	Yea
Weber	—	Yea
Cristina Garcia	—	Yea
Eduardo Garcia	—	Yea
Mark Stone	—	Yea
Travis Allen	—	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Arambula, Joaquin	Democratic	Yea
Berman, Marc	Democratic	Yea
Bonta, Mia	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Calderon, Lisa	Democratic	Yea
Cervantes, Sabrina	Democratic	Yea
Fong, Mike	Democratic	Yea
Gipson, Mike A.	Democratic	Yea
Grayson, Timothy S.	Democratic	Yea
Irwin, Jacqui	Democratic	Yea
Kalra, Ash	Democratic	Yea
Limón, Monique	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Quirk-Silva, Sharon	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Chen, Phillip	Republican	Yea
Choi, Steven S.	Republican	Not Voting
Dahle, Megan	Republican	Yea
Flora, Heath	Republican	Yea
Gallagher, James	Republican	Yea
Lackey, Tom	Republican	Yea
Patterson, Joe	Republican	Yea

Official roll call →

Do pass as amended.

May 26, 2017

Passed 16 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	10	0	0	1
Democratic	5	0	0	0
Republican	1	0	0	0
Total	16	0	0	1
% of votes cast	94%	0%	0%	6%

How each member voted (17)

Member	Party	Vote
Bloom	—	Yea
Brough	—	Yea
McCarty	—	Yea
Quirk	—	Yea
Friedman	—	Yea
Gray	—	Yea
Gonzalez Fletcher	—	Yea
Bocanegra	—	Yea
Bigelow	—	Yea
Obernolte	—	Not Voting
Eduardo Garcia	—	Yea
Bonta, Mia	Democratic	Yea
Calderon, Lisa	Democratic	Yea
Fong, Mike	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Gallagher, James	Republican	Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

April 25, 2017

Passed 7 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	5	0	0	0
Republican	2	0	0	0
Total	7	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (7)

Member	Party	Vote
Jones-Sawyer	—	Yea
Quirk	—	Yea
Gonzalez Fletcher	—	Yea
Rubio	—	Yea
Santiago	—	Yea
Flora, Heath	Republican	Yea
Lackey, Tom	Republican	Yea

Official roll call →

Do pass and be re-referred to the Committee on [Public Safety]

April 04, 2017

Passed 15 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	11	0	0	1
Democratic	3	0	0	0
Republican	1	0	0	0
Total	15	0	0	1
% of votes cast	94%	0%	0%	6%

How each member voted (16)

Member	Party	Vote
Baker	—	Yea
Bloom	—	Yea
Brough	—	Yea
Holden	—	Yea
Steinorth	—	Yea
Ting	—	Yea
Eggman	—	Yea
Mullin	—	Not Voting
Low	—	Yea
Salas	—	Yea
Chiu	—	Yea
Cunningham	—	Yea
Arambula, Joaquin	Democratic	Yea
Gipson, Mike A.	Democratic	Yea
Grayson, Timothy S.	Democratic	Yea
Dahle, Megan	Republican	Yea

Official roll call →

Subjects

healthcare health-insurance technology

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Frequently asked questions

What does AB 40 do?: 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 a health care practitioner authorized to prescribe, order, administer, furnish, or dispense a Schedule II, Schedule III, or Schedule IV controlled substance. This bill would, no later than October 1, 2018, require the Department of Justice to make the electronic history of controlled substances dispensed to an individual under a health care practitioner's or pharmacist's care, based on data contained in the CURES database, available to the practitioner or pharmacist, as specified. The bill would authorize a health care practitioner or pharmacist to submit a query to the CURES database through the department's online portal or through a health information technology system if the entity operating the system has entered into a memorandum of understanding with the department addressing the technical specifications of the system and can certify, among other requirements, that the system meets applicable patient privacy and information security requirements of state and federal law. The bill would also require an entity operating a health information technology system that is requesting to establish an integration with the CURES database to pay a reasonable system maintenance fee. The bill would prohibit the department from accessing patient-identifiable information in an entity's health information technology system. The bill would authorize the department to prohibit integration or terminate a health information technology system's ability to retrieve information in the CURES database if the health information technology system or the entity operating the health information technology system does not comply with specified provisions of the bill. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 40?: AB 40 is sponsored by Santiago.
What is the current status of AB 40?: This bill has been enacted into law. Introduced December 05, 2016. Enacted.
Where can I track AB 40?: Track AB 40 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: AB 40
Jurisdiction: California
Session: 2017-2018 Regular Session
Type: Bill
Introduced: December 05, 2016
Status: Enacted
Prime sponsor: Santiago

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