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SB-554 Nurse practitioners: physician assistants: buprenorphine.(2017-2018)

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Date Published: 09/12/2017 09:00 PM
SB554:v94#DOCUMENT

Senate Bill No. 554
CHAPTER 242

An act to add Sections 2836.4 and 3502.1.5 to the Business and Professions Code, relating to healing arts.

[ Approved by Governor  September 11, 2017. Filed with Secretary of State  September 11, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 554, Stone. Nurse practitioners: physician assistants: buprenorphine.
Existing federal law requires practitioners, as defined, who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment to obtain annually a separate registration with the United States Attorney General for that purpose. Existing federal law authorizes waiver of the registration requirement for a qualifying practitioner who submits specified information to the United States Secretary of Health and Human Services. Existing federal law, the Comprehensive Addiction Recovery Act of 2016, defines a qualifying practitioner for these purposes to include, among other practitioners, a nurse practitioner or physician assistant who, among other requirements, has completed not fewer than 24 hours of prescribed initial training, or has other training or experience as specified, and is supervised by, or works in collaboration with, a qualifying physician, if the nurse practitioner or physician assistant is required by state law to prescribe medications for the treatment of opioid use disorder in collaboration with or under the supervision of a physician.
Existing state law, the Nursing Practice Act, establishes the Board of Registered Nursing in the Department of Consumer Affairs for the licensure and regulation of nurse practitioners. The act authorizes a nurse practitioner to furnish or order drugs or devices under specified circumstances subject to physician and surgeon supervision.
This bill would prohibit construing the Nursing Practice Act or any provision of state law from prohibiting a nurse practitioner from furnishing or ordering buprenorphine when done in compliance with the provisions of the Comprehensive Addiction Recovery Act, as specified.
Existing state law, the Physician Assistant Practice Act, establishes the Physician Assistant Board within the jurisdiction of the Medical Board of California for the licensure and regulation of physician assistants. The act authorizes a physician assistant, while under the supervision of a licensed physician authorized to supervise a physician assistant, to administer or provide medication to a patient, or transmit orally, or in writing on a patient’s record or in a drug order, an order to a person who may lawfully furnish the medication, as specified.
This bill would prohibit construing the Physician Assistant Practice Act or any provision of state law from prohibiting a physician assistant from administering or providing buprenorphine to a patient, or transmit orally, or in writing on a patient’s record or in a drug order, an order for buprenorphine to a person who may lawfully furnish buprenorphine when done in compliance with the provisions of the Comprehensive Addiction Recovery Act, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 2836.4 is added to the Business and Professions Code, to read:

2836.4.
 Neither this chapter nor any other provision of law shall be construed to prohibit a nurse practitioner from furnishing or ordering buprenorphine when done in compliance with the provisions of the Comprehensive Addiction Recovery Act (Public Law 114-198), as enacted on July 22, 2016, including the following:
(a) The requirement that the nurse practitioner complete not fewer than 24 hours of initial training provided by an organization listed in sub-subclause (aa) of subclause (II) of clause (iv) of subparagraph (G) of paragraph (2) of subdivision (g) of Section 823 of Title 21 of the United States Code, or any other organization that the United States Secretary of Health and Human Services determines is appropriate for the purposes of that sub-subclause, that addresses the following:
(1) Opioid maintenance and detoxification.
(2) Appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder.
(3) Initial and periodic patient assessments, including substance use monitoring.
(4) Individualized treatment planning, overdose reversal, and relapse prevention.
(5) Counseling and recovery support services.
(6) Staffing roles and considerations.
(7) Diversion control.
(8) Other best practices, as identified by the United States Secretary of Health and Human Services.
(b) The alternative requirement that the nurse practitioner have other training or experience that the United States Secretary of Health and Human Services determines will demonstrate the ability of the nurse practitioner to treat and manage opiate-dependent patients.
(c) The requirement that the nurse practitioner be supervised by, or work in collaboration with, a licensed physician and surgeon.

SEC. 2.

 Section 3502.1.5 is added to the Business and Professions Code, to read:

3502.1.5.
 Neither this chapter nor any other provision of law shall be construed to prohibit a physician assistant from administering or providing buprenorphine to a patient, or transmitting orally, or in writing on a patient’s record or in a drug order, an order to a person who may lawfully furnish buprenorphine when done in compliance with the provisions of the Comprehensive Addiction Recovery Act (Public Law 114-198), as enacted on July 22, 2016, including the following:
(a) The requirement that the physician assistant complete not fewer than 24 hours of initial training provided by an organization listed in sub-subclause (aa) of subclause (II) of clause (iv) of subparagraph (G) of paragraph (2) of subdivision (g) of Section 823 of Title 21 of the United States Code, or any other organization that the United States Secretary of Health and Human Services determines is appropriate for the purposes of that sub-subclause, that addresses the following:
(1) Opioid maintenance and detoxification.
(2) Appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder.
(3) Initial and periodic patient assessments, including substance use monitoring.
(4) Individualized treatment planning, overdose reversal, and relapse prevention.
(5) Counseling and recovery support services.
(6) Staffing roles and considerations.
(7) Diversion control.
(8) Other best practices, as identified by the United States Secretary of Health and Human Services.
(b) The alternative requirement that the physician assistant have other training or experience that the United States Secretary of Health and Human Services determines will demonstrate the ability of the nurse practitioner to treat and manage opiate-dependent patients.
(c) The requirement that the physician assistant be supervised by, or work in collaboration with, a licensed physician and surgeon.