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SB-419 Oxycodone: prescriptions.(2017-2018)

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Date Published: 03/21/2017 04:00 AM
SB419:v98#DOCUMENT

Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 419


Introduced by Senator Portantino

February 15, 2017


An act to add Section 11176 to the Health and Safety 2242.3 to the Business and Professions Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 419, as amended, Portantino. Oxycodone: prescriptions.
Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitations generally placed on controlled substances classified in Schedule V. Existing law places oxycodone within Schedule II. Existing law requires a prescription for a controlled substance to only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her professional practice. A violation of this provision is a crime.
Existing law, the Medical Practice Act, provides for the licensing and regulation of physicians and surgeons by the Medical Board of California. Among other things, the act regulates the prescribing, dispensing, or furnishing of dangerous drugs, including oxycodone, by a licensee, and provides, under certain circumstances, for the imposition of an administrative fine pursuant to a citation by the board, or the imposition of a civil penalty for a violation of these provisions. A violation of designated provisions of the act is a crime.
This bill would prohibit a person from prescribing oxycodone, by whatever official, common, usual, chemical, or trade name designated, to a patient under 21 years of age. age, except as specified. The bill would make a violation of this prohibition subject to a civil penalty, as specified. The bill would also authorize a patient who was prescribed oxycodone in violation of the prohibition, and who sustained economic loss or personal injury as a result of that violation, to bring a civil action to recover compensatory damages, reasonable attorney’s fees, and litigation costs.

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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 2242.3 is added to the Business and Professions Code, to read:

2242.3.
 (a) (1) Notwithstanding any other law, a person shall not prescribe oxycodone, by whatever official, common, usual, chemical, or trade name designated, to a patient under 21 years of age.
(2) Paragraph (1) does not apply with respect to a patient of any age who is any of the following:
(A) A cancer patient.
(B) A patient in hospice or palliative care.
(C) A patient who has been diagnosed with a terminal illness.
(b) (1) Notwithstanding Section 2314 or any other law, a violation of this section may subject the person who has committed the violation to either a fine of up to five thousand dollars ($5,000) per violation pursuant to a citation issued by the board or a civil penalty of up to five thousand dollars ($5,000) per violation.
(2) The Attorney General may bring an action to enforce this section and to collect the fines or civil penalties authorized by paragraph (1).
(c) In addition to the penalties described in paragraph (1) of subdivision (b), a patient who was prescribed oxycodone in violation of subdivision (a), and who sustained economic loss or personal injury as a result of that violation, may bring an action to recover compensatory damages, as well as reasonable attorney’s fees and costs.

SECTION 1.Section 11176 is added to the Health and Safety Code, to read:
11176.

Notwithstanding any other law, a person shall not prescribe oxycodone, by whatever official, common, usual, chemical, or trade name designated, to a patient under 21 years of age.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.