AB 2548

Bill Subjects

Abstract

Existing law, the Uniform Controlled Substances Act, provides for the electronic monitoring and reporting of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances pursuant to the Controlled Substance Utilization Review and Evaluation System (CURES) program. The act further provides that in order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. A violation of any of these provisions is a misdemeanor, punishable as specified. This bill would establish the Prescription Drug Monitoring Program (PDMP) in state government under the Department of Justice to monitor any practitioner or pharmacist (PDMP subscriber) who has obtained approval, as specified, to access, using the Internet, the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in CURES, as well as the number, amount, and type of controlled substances being dispensed to an individual under his or her care, in order to control the diversion and resultant abuse of, and to ensure the safe and lawful dispensing of, Schedule II, Schedule III, and Schedule IV controlled substances. This bill would provide that the Department of Justice may establish, by regulation, a system for the issuance to a PDMP subscriber of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the department, if the subscriber is in violation of any provision of, or any regulation adopted by the department pursuant to, the Uniform Controlled Substances Act. This bill would further provide that the theft or loss of prescription information or prescription forms shall be reported, as specified, no later than 3 days after the discovery of the theft or loss. By creating a new crime, this bill would impose a state-mandated local program. 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.