Bill Text: CA SB607 | 2023-2024 | Regular Session | Amended

California Senate Bill 607

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-28 - Chaptered by Secretary of State. Chapter 862, Statutes of 2024. [SB607 Detail]

Download: California-2023-SB607-Amended.html

Amended IN Senate January 04, 2024

Amended IN Senate January 03, 2024

Amended IN Senate April 24, 2023

Amended IN Senate April 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 607

Introduced by Senator Portantino

February 15, 2023

An act to amend Section 11158.1 of the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 607, as amended, Portantino. Controlled substances.

Existing law requires a prescriber, with certain exceptions, before directly dispensing or issuing for a minor the first prescription for a controlled substance containing an opioid in a single course of treatment, to discuss specified information with the minor, the minor’s parent or guardian, or another adult authorized to consent to the minor’s medical treatment.

This bill would extend that requirement for the prescriber by applying it to any patient, not only a minor, under those circumstances. ~~The bill would also require the prescriber to discuss the availability of nonpharmacological treatments for pain.~~

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

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

SECTION 1.

Section 11158.1 of the Health and Safety Code is amended to read:

11158.1.

(a) Except when a patient is being treated as set forth in Sections 11159, 11159.2, and 11167.5, and Article 2 (commencing with Section 11215) of Chapter 5, pertaining to the treatment of persons with substance use disorder, except when a patient is currently receiving hospice care, a prescriber shall discuss all of the following information with the patient, or if the patient is a minor, the minor, the minor’s parent or guardian, or another adult authorized to consent to the minor’s medical treatment, before directly dispensing or issuing to a patient the first prescription in a single course of treatment for a controlled substance containing an opioid:

(1) The risks of addiction and overdose associated with the use of opioids.

(2) The increased risk of addiction to an opioid for an individual who is suffering from both mental and substance abuse disorders.

(3) The danger of taking an opioid with a benzodiazepine, alcohol, or another central nervous system depressant.

~~(4)The availability of nonpharmacological treatments for pain.~~
~~(5)~~

(4) Any other information required by law.

(b) This section does not apply in any of the following circumstances:

(1) If the patient’s treatment includes emergency services and care as defined in Section 1317.1.

(2) If the patient’s treatment is associated with, or incidental to, an emergency surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis.

(3) If, in the prescriber’s professional judgment, fulfilling the requirements of subdivision (a) would be detrimental to the patient’s health or safety, or in violation of the patient’s legal rights regarding confidentiality.

(c) Notwithstanding any other law, including Section 11374, failure to comply with this section shall not constitute a criminal offense.