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AB-2487 Physicians and surgeons: continuing education: opiate-dependent patient treatment and management.(2017-2018)

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Date Published: 06/19/2018 04:00 AM
AB2487:v95#DOCUMENT

Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  May 17, 2018
Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2487


Introduced by Assembly Member McCarty
(Coauthor: Assembly Member Waldron)

February 14, 2018


An act to add Section 2190.6 to amend Section 2190.5 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2487, as amended, McCarty. Physicians and surgeons: continuing education: opiate-dependent patient treatment and management.
Existing state law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs. The board is responsible for the licensure and regulation of physicians and surgeons, and is required by the act to adopt and administer standards for the continuing education of those physicians and surgeons. Existing law requires all physicians and surgeons to complete a mandatory continuing education course on pain management and the treatment of terminally ill and dying patients, as provided.
Existing federal law, the Comprehensive Addiction Recovery Act of 2016, requires physicians and surgeons who dispense narcotic drugs for patient treatment to obtain a separate registration from the United States Attorney General. The United States Drug Enforcement Administration, within the federal Office of the Attorney General, administers the registration and requires physicians and surgeons to renew that registration at specified intervals. A physician and surgeon qualifies for a waiver of the registration if he or she is licensed under state law and completes at least one specified training, such as 8 hours of training in the treatment and management of opiate-dependent patients.
This bill would require a physician and surgeon to complete a one-time continuing education course on either pain management and the treatment of terminally ill and dying patients, or opiate-dependent patient treatment and management, as specified, within 6 months of first receiving, or next renewing, a federal Drug Enforcement Administration registration to dispense narcotic drugs for patient treatment, unless the physician and surgeon meets the requirements of a qualifying physician within the federal Comprehensive Addiction Recovery Act of 2016. qualifies for a specified exemption.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 2190.6 is added to the Business and Professions Code, to read:
2190.6.

(a)Within six months of first receiving a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, a physician and surgeon shall complete a one-time mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include one hour of training in medication-assisted treatment for opioid use disorders. However, the board may also require a physician and surgeon to complete additional hours of education when necessary to carry out the board’s duties in Section 2001.1.

(b)A physician and surgeon currently or previously in possession, on January 1, 2019, of a federal Drug Enforcement Administration registration under Part 1301 (commencing with Section 1301.01) of Title 21 of the Code of Federal Regulations, as that section read on January 1, 2018, shall meet the one-time requirements of subdivision (a) within six months of next renewing his or her registration.

(c)This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a “qualifying physician” under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.

(d)The board shall determine whether a physician and surgeon has met the requirements of this section.

SECTION 1.

 Section 2190.5 of the Business and Professions Code is amended to read:

2190.5.
 (a) All physicians and surgeons shall complete a mandatory continuing education course in the subjects of pain management and the treatment of terminally ill and dying patients. For the purposes of this section, this course shall be a one of the following mandatory continuing education courses:
(1) A one-time requirement of 12 credit hours hours, within the required minimum established by regulation, to be completed by December 31, 2006. All physicians and surgeons licensed on and after January 1, 2002, shall complete this requirement within four years of their initial license or by their second renewal date, whichever occurs first. The board may verify completion of this requirement on the renewal application form. in the subjects of pain management and the treatment of terminally ill and dying patients.
(2) A one-time requirement of 12 credit hours in the subjects of treatment and management of opiate-dependent patients, including 8 hours of training in buprenorphine treatment for opioid use disorders.
(b) By regulatory action, the board may exempt physicians and surgeons by practice status category from the requirement in subdivision (a) if the physician and surgeon does not engage in direct patient care, does not provide patient consultations, or does not reside in the State of California.
(c) This section shall not apply to physicians and surgeons practicing in pathology or radiology specialty areas.
(d) This section shall not apply to a physician and surgeon who meets the requirements, as determined by the board, of a “qualifying physician” under clause (ii) of subparagraph (G) of paragraph (2) of subsection (g) of Section 823 of Title 21 of the United States Code, the Comprehensive Addiction Recovery Act of 2016 (Public Law 114-198), as that clause read on January 1, 2018.
(e) This section shall not apply to a physician and surgeon who met the requirements of this section before January 1, 2019.
(f) A physician and surgeon shall complete this requirement by their next license renewal date.
(g) The board shall determine whether a physician and surgeon has met the requirements of this section.