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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: 04/16/2018 09:00 PM
AB2487:v98#DOCUMENT

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 amend Section 2082 of, and to add Section 2190.6 to, to 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. The act requires each application for a physician’s and surgeon’s certificate to include, among other things, proof of satisfactory completion of specified requirements. The act also requires the board surgeons, and is required by the act to adopt and administer standards for the continuing education of those physicians and surgeons.
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 or qualify for a waiver of that registration. 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 the 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 the application for a physician’s and surgeon’s certificate to include proof of satisfactory completion of a course on opiate-dependent patient treatment and management that meets the requirement, at a minimum, of the federal Comprehensive Addiction Recovery Act of 2016 and also includes at least eight hours of instruction in buprenorphine treatment of opioid use disorders. The This bill would also require a licensed physician and surgeon to complete a continuing education course on 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 2082 of the Business and Professions Code is amended to read:
2082.

Each application shall include the following:

(a)A diploma issued by an approved medical school. The requirements of the school shall have been at the time of granting the diploma in no degree less than those required under this chapter or by any preceding medical practice act at the time that the diploma was granted. In lieu of a diploma, the applicant may submit evidence satisfactory to the board of having possessed the same.

(b)An official transcript or other official evidence satisfactory to the board showing each approved medical school in which a resident course of professional instruction was pursued covering the minimum requirements for certification as a physician and surgeon, and that a diploma and degree were granted by the school.

(c)Other information concerning the professional instruction and preliminary education of the applicant as the board may require.

(d)Proof of passage of the written examinations as provided under Article 9 (commencing with Section 2170) with a score acceptable to the board.

(e)Proof of satisfactory completion of the postgraduate training required under Section 2096 on a form approved by the board.

(f)Proof of satisfactory completion of a course on the treatment and management of opiate-dependent patients that shall meet the requirement, at a minimum, of subclause (IV) of 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 subclause read on January 1, 2018, and shall also include at least eight hours of instruction in buprenorphine treatment of opioid use disorders.

(g)An affidavit showing to the satisfaction of the board that the applicant is the person named in each diploma and transcript that he or she submits, that he or she is the lawful holder thereof, and that the diploma or transcript was procured in the regular course of professional instruction and examination without fraud or misrepresentation.

(h)Either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the identity of the applicant and in order to determine whether the applicant has a record of any criminal convictions in this state or in any other jurisdiction, including foreign countries. The information obtained as a result of the fingerprinting of the applicant shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475) and Section 2221.

(i)Beginning January 1, 2020, if the applicant attended a foreign medical school approved by the board pursuant to Section 2084, an official Educational Commission for Foreign Medical Graduates (ECFMG) Certification Status Report submitted by the Educational Commission for Foreign Medical Graduates confirming the graduate is ECFMG certified.

(j)Beginning January 1, 2020, if the applicant attended a foreign medical school approved by the board pursuant to Section 2084, official evidence satisfactory to the board of completion of all formal requirements of the medical school for graduation, except the applicant shall not be required to have completed an internship or social service or be admitted or licensed to practice medicine in the country in which the professional instruction was completed.

SEC. 2.SECTION 1.

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

2190.6.
 (a) 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 mandatory continuing education course on the treatment and management of opiate-dependent patients and this course shall include eight hours of training in buprenorphine treatment of 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 requirements of subdivision (a) within six months of next renewing his or her registration.

(b)

(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), 114-198), as that clause read on January 1, 2018.

(c)

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