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Summary:

Unprofessional conduct is defined as falsifying or making grossly incorrect, grossly inconsistent, or unintelligible entries in a medical record for controlled substances or dangerous devices.

Summary:

A pharmacist, registered nurse, licensed vocational nurse, licensed psychiatric technician, working for a licensed skilled nursing, intermediate care, or other health care facility, may orally or electronically transmit to the furnisher a prescription lawfully ordered by a person authorized to prescribe drugs or devices pursuant to Sections 4040 and 4070. The furnisher shall take appropriate steps to determine that the person who transmits the prescription is authorized to do so and shall record the name of the person who transmits the order. This section shall not apply to orders for Schedule II controlled substances.

Summary:

All nonresident pharmacies must comply with lawful requests for information from the regulatory/licensing agency of the state in which it is licensed and with requests from the board. All nonresident pharmacies must maintain records of controlled substances and dangerous drugs or devices dispensed to California patients and such records must be readily retrievable.

Summary:

The head of a medical staff, peer review body, or licensed health care facility or clinic shall file a report with the relevant agency within 15 days after a peer review body makes a final decision to sanction a licentiate (e.g., physician and surgeon, podiatrist, clinical psychologist, marriage and family therapist, clinical social worker, professional clinical counselor, dentist, physician assistant, or anyone authorized to practice medicine) based on the peer review body's investigation into any of four possible alleged malpractice actions: (1) incompetence or gross deviation from the standard of care; (2) the use or administration to oneself of controlled substances; (3) excessive furnishing of controlled substances without a lawful prescription and good faith examination/medical reason; (4) sexual misconduct with a patient during treatment or examination. The licentiate shall receive a notice of the proposed action, which shall also include notice of the licentiate’s right to submit additional explanatory or exculpatory statements. The relevant agency is entitled to inspect any statement of charges, documents, medical charts, exhibits, opinions, findings, conclusions, or any certified copy of medical records, as permitted by other applicable law. The information disclosed in the investigation shall be kept confidential and shall not be subject to discovery, though the information may be reviewed in an administrative disciplinary hearing.

Summary:

Any manufacturer, wholesaler, retailer or other person in the state that sells, transfers, or otherwise furnishes any of the 38 listed controlled or precursor-to-controlled substances must report the transaction to the Department of Justice. The report must include the proper identification of the purchaser such as a driver's license, tax ID number, or DEA registration number. The manufacturer, wholesaler, or retailer shall retain this information in a readily available manner for three years. EXCEPTION (under (e)): this does not apply to any pharmacist, dentist, or physician that furnishes the substances for prescriptive use by their patients or any manufacturer that furnishes the substance to a licensed pharmacist, dentist or physician for use with prescriptions for their patients.

Summary:

An order for a county or licensed hospital patient to use controlled substances shall be in writing on the patient's record, with the prescriber's signature, date, name and quantity of the controlled substance ordered and quantity actually administered. This record shall be maintained as a hospital record for a minimum of seven years.

Summary:

An order for a patient in a clinic to use controlled substances shall be in writing on the patient's record, with the prescriber's signature, date, name and quantity of the controlled substance ordered and quantity actually administered. This record shall be maintained as a clinic record for a minimum of seven years.

Summary:

Upon obtaining the approval from the State Board of Pharmacy and the Department of Justice, a pharmacy or hospital may receive electronic data transmission prescriptions or computer entry prescriptions or orders for Schedule II, III, IV, or V controlled substances if authorized by federal law and consistent with DEA regulations. The Board must maintain a list of all requests and approvals made pursuant to this provision.

Summary:

The Controlled Substance Utilization Review and Evaluation System (CURES) shall electronically monitor the prescribing and dispensing of Schedule II, III, IV controlled substances. CURES shall operate under existing provisions of law to safeguard privacy and confidentiality of patients. CURES data shall only be provided to appropriate public agencies for educating practitioners and others in lieu of disciplinary, civil or criminal actions. CURES data may also be provided to public or private entities for educational, peer review, statistical or research purpose, provided that patient information is not compromised. Also, disclosed CURES data may not be disclosed, sold, or transferred to any third party.

Summary:

Upon written request by licensed health care provider or pharmacist eligible to prescribe Schedule II, III, or IV controlled substances, the Department of Justice may release CURES data on an individual prescribee. The information received shall be considered medical information and is subject to the provisions of the Confidentiality of Medical Information Act in Part 2.6. The Department of Justice may also initiate the referral of CURES data to licensed health care practitioners and pharmacists providing care or services to the individual.

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