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AB-1529 Cannabis vaporizing cartridges: universal symbol.(2019-2020)

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Date Published: 06/27/2019 09:00 PM
AB1529:v98#DOCUMENT

Amended  IN  Senate  June 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1529


Introduced by Assembly Member Low

February 22, 2019


An act to amend Section 4999.2 of the Business and Professions Code, relating to healing arts. An act to add Section 26122 to the Business and Professions Code, relating to cannabis, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1529, as amended, Low. Telephone medical advice services. Cannabis vaporizing cartridges: universal symbol.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), approved by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. The existing Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. The existing MAUCRSA imposes specified labeling requirements on cannabis and cannabis products, including requiring specified disclosures on the packaging and label of the product.
This bill would implement the labeling requirements of AUMA by requiring a cartridge that contains cannabis or a cannabis product that is intended to be inserted into an electronic device that creates an aerosol or vapor to bear an established universal symbol that is not smaller than 1/4 inch wide by 1/4 inch tall.
AUMA authorizes the Legislature to amend by majority vote certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with, and further the purposes and intent of, AUMA.
This bill would declare that its provisions implement specified substantive provisions of AUMA and are consistent with, and further the purposes and intent of, AUMA.
This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires a telephone medical advice service, as defined, to be responsible for complying with, among other requirements, ensuring that all health care professionals who provide medical advice services are appropriately licensed, certified, or registered, as specified. Existing law requires the respective healing arts licensing board to be responsible for enforcing specified provisions related to telephone medical advice services.

Existing law requires a telephone medical advice service to ensure that all health care professionals who provide telephone medical advice services from an out-of-state location are licensed, registered, or certified in the state within which they are providing the telephone medical advice services and are operating consistent with the laws governing their respective scopes of practice. Existing law further requires a telephone medical advice service to comply with all directions and requests for information made by the Department of Consumer Affairs.

This bill would specify that a telephone medical advice service is required to ensure that all health care professionals who provide telephone medical advice services from an out-of-state location are operating consistent with the laws governing their respective licenses. The bill would specify that a telephone medical advice service is required to comply with all directions and requests for information made by the respective healing arts licensing boards.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 26122 is added to the Business and Professions Code, to read:

26122.
 A cartridge that contains cannabis or a cannabis product that is intended to be inserted into an electronic device that creates an aerosol or vapor shall bear the universal symbol described in paragraph (7) of subdivision (c) of Section 26130. The universal symbol shall be visible on the actual cartridge intended to be inserted in the electronic device and shall not be smaller than one-quarter inch wide by one-quarter inch tall.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, adding Section 26122 to the Business and Professions Code, implements Section 6.1 of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 and is consistent with, and furthers the purposes and intent of, that act as stated in Section 3 of that act.

SEC. 3.

  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
The burden on businesses to comply with recently adopted regulations on the size of the universal symbol required on vaporizer cartridges and guidance directing businesses to apply stickers to make products compliant or sell the product prior to June 30, 2019, creates a major disruption in the commercial cannabis marketplace, jeopardizing the sale of otherwise compliant cannabis products, reducing tax revenue to the state.
SECTION 1.Section 4999.2 of the Business and Professions Code is amended to read:
4999.2.

A telephone medical advice service shall be responsible for complying with the following requirements:

(a)(1)Ensuring that all health care professionals who provide medical advice services are appropriately licensed, certified, or registered as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act, as a dentist, dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions pursuant to Chapter 4 (commencing with Section 1600), as an occupational therapist pursuant to Chapter 5.6 (commencing with Section 2570), as a registered nurse pursuant to Chapter 6 (commencing with Section 2700), as a psychologist pursuant to Chapter 6.6 (commencing with Section 2900), as a naturopathic doctor pursuant to Chapter 8.2 (commencing with Section 3610), as a marriage and family therapist pursuant to Chapter 13 (commencing with Section 4980), as a licensed clinical social worker pursuant to Chapter 14 (commencing with Section 4991), as a licensed professional clinical counselor pursuant to Chapter 16 (commencing with Section 4999.10), as an optometrist pursuant to Chapter 7 (commencing with Section 3000), or as a chiropractor pursuant to the Chiropractic Initiative Act, and operating consistent with the laws governing their respective scopes of practice in the state within which they provide telephone medical advice services, except as provided in subdivision (b).

(2)Ensuring that all health care professionals who provide telephone medical advice services from an out-of-state location, as identified in paragraph (1), are licensed, registered, or certified in the state within which they are providing the telephone medical advice services and are operating consistent with the laws governing their respective licenses and scopes of practice.

(b)Ensuring that the telephone medical advice provided is consistent with good professional practice.

(c)Maintaining records of telephone medical advice services, including records of complaints, provided to patients in California for a period of at least five years.

(d)Ensuring that no staff member uses a title or designation when speaking to an enrollee, subscriber, or consumer that may cause a reasonable person to believe that the staff member is a licensed, certified, or registered health care professional described in paragraph (1) of subdivision (a), unless the staff member is a licensed, certified, or registered professional.

(e)Complying with all directions and requests for information made by the department and respective healing arts licensing boards.

(f)Notifying the department within 30 days of any change of name, physical location, mailing address, or telephone number of any business, owner, partner, corporate officer, or agent for service of process in California, together with copies of all resolutions or other written communications that substantiate these changes.