Bill Text: CA SB643 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Medical marijuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State. Chapter 719, Statutes of 2015. [SB643 Detail]

Download: California-2015-SB643-Amended.html

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BILL NUMBER: SB 643	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2015
	AMENDED IN ASSEMBLY  SEPTEMBER 1, 2015
	AMENDED IN ASSEMBLY  AUGUST 18, 2015
	AMENDED IN ASSEMBLY  AUGUST 17, 2015
	AMENDED IN SENATE  JUNE 3, 2015
	AMENDED IN SENATE  MAY 6, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator McGuire

                        FEBRUARY 27, 2015

   An act  amend Section 2220.05 of the Business and Professions
Code,  relating to medical marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 643, as amended, McGuire. Medical marijuana.
   Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November 6,
1996, statewide general election, authorizes the use of marijuana
for medical purposes. Existing law enacted by the Legislature
requires the establishment of a program for the issuance of
identification cards to qualified patients so that they may lawfully
use marijuana for medical purposes, and requires the establishment of
guidelines for the lawful cultivation of marijuana grown for medical
use. Existing law provides for the licensure of various professions
by the Department of Consumer Affairs. Existing law, the Sherman
Food, Drug, and Cosmetic Law, provides for the regulation of food,
drugs, devices, and cosmetics, as specified. A violation of that law
is a crime.
    This bill would state the intent of the Legislature to
enact a comprehensive regulatory framework for medical marijuana in
the State of California.   This   bill would
require that the Medical Board of California prioritize its
investigative and prosecutorial resources to identify and discipline
physicians and surgeons that have repeatedly recommended excessive
cannabis to patients for medical purposes or repeatedly recommending
cannabis to patients for medical purpose   s without a good
faith examination, as specified.  The bill would become
operative only if AB 266 of the 2015-16 Regular Session is enacted
and takes effect on or before January 1, 2016.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2220.05 of the  
Business and Professions Code   is amended to read: 
   2220.05.  (a) In order to ensure that its resources are maximized
for the protection of the public, the Medical Board of California
shall prioritize its investigative and prosecutorial resources to
ensure that physicians and surgeons representing the greatest threat
of harm are identified and disciplined expeditiously. Cases involving
any of the following allegations shall be handled on a priority
basis, as follows, with the highest priority being given to cases in
the first paragraph:
   (1) Gross negligence, incompetence, or repeated negligent acts
that involve death or serious bodily injury to one or more patients,
such that the physician and surgeon represents a danger to the
public.
   (2) Drug or alcohol abuse by a physician and surgeon involving
death or serious bodily injury to a patient.
   (3) Repeated acts of clearly excessive prescribing, furnishing, or
administering of controlled substances, or repeated acts of
prescribing, dispensing, or furnishing of controlled substances
without a good faith prior examination of the patient and medical
reason therefor. However, in no event shall a physician and surgeon
prescribing, furnishing, or administering controlled substances for
intractable pain consistent with lawful prescribing, including, but
not limited to, Sections 725, 2241.5, and 2241.6 of this code and
Sections 11159.2 and 124961 of the Health and Safety Code, be
prosecuted for excessive prescribing and prompt review of the
applicability of these provisions shall be made in any complaint that
may implicate these provisions. 
   (4) Repeated acts of clearly excessive recommending of cannabis to
patients for medical purposes, or repeated acts of recommending
cannabis to patients for medical purposes without a good faith prior
examination of the patient and a medical reason for the
recommendation.  
   (4) 
    (5)  Sexual misconduct with one or more patients during
a course of treatment or an examination. 
   (5) 
    (6)  Practicing medicine while under the influence of
drugs or alcohol.
   (b) The board may by regulation prioritize cases involving an
allegation of conduct that is not described in subdivision (a). Those
cases prioritized by regulation shall not be assigned a priority
equal to or higher than the priorities established in subdivision
(a).
   (c) The Medical Board of California shall indicate in its annual
report mandated by Section 2312 the number of temporary restraining
orders, interim suspension orders, and disciplinary actions that are
taken in each priority category specified in subdivisions (a) and
(b). 
  SECTION 1.    It is the intent of the Legislature
to enact a comprehensive regulatory framework for medical marijuana
in the State of California. 
  SEC. 2.  This act shall become operative only if Assembly Bill 266
of the 2015-16 Session is enacted and takes effect on or before
January 1, 2016.