AB 149 is intended to resolve problems unintentionally created by AB 1753 (Low, Chapter 794, Statutes of 2018), which reduced the number of authorized security printers approved by the Department of Justice (DOJ) and required security prescription forms to have unique serialized numbers. AB 1753 took effect Jan. 1, 2019.
However, not all prescribers have been able to obtain the security prescription forms required by the law or have unknowingly continued using non-compliant prescription forms. As a result, some pharmacists were caught in a difficult position having to decide whether to provide needed medication for patients or comply with the new law.
Since then, AB 149 has been passed by the Legislature and signed by Governor Gavin Newsom. AB 149 delays the requirement for prescription forms with uniquely serialized numbers until a date to be determined by DOJ but no later than Jan. 1, 2020.
AB 149 also declares that any prescription written on a form that was otherwise valid before Jan. 1, 2019, or was written on a form approved by DOJ as of Jan. 1, 2019, is valid and may be filled, compounded or dispensed until Jan. 1, 2021.
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- The Advance Practice Registered Nursing regulation changes have been approved by OAL and are now effective as of January 15, 2019. This regulation amends Sections 1480 – 1484, Sections 1483.1, 1483.2, and 1486 of Division 14 of Title 16 of the California Code of Regulations.
- New Controlled Substance Prescription Form Serial Number Requirement
Effective January 1, 2019 Assembly Bill 1753 (Low, 2018) will require an additional improvement to controlled substance security prescription forms: the addition of a unique serialized number to each form in a format approved by the Department of Justice (DOJ).
Thus, as of January 1, 2019:
(1) Each controlled substance security prescription form used for prescribing on or after that date must include a unique serialized number in an approved format (Health & Safety Code, section 11162.1, subdivision (a)(15)); and
(2) No person shall prescribe a controlled substance on or after that date, nor fill, compound, or dispense a prescription for a controlled substance written on or after that date, without this security feature (Health & Safety Code, section 11164, subdivision (a)).
Under the new statutes, the new security forms will be the exclusive means to write paper-controlled substance prescriptions as of January 1, 2019, and as of that date any prescription written on a controlled substance security prescription form that does not bear all of the 15 security features will be presumptively invalid.
The Board of Registered Nursing encourages you to order new forms with the new serial number requirement and utilize e-prescribing when applicable. Visit DOJ’s website here for more information.
- The Comprehensive Plan for Approving and Disapproving Continuing Education Opportunities has been drafted by the Board and is due to the legislative policy committee by January 1, 2019.
The Comprehensive Plan for Approving and Disapproving Continuing Education Opportunities addresses continuing education opportunities as addressed in Senate Bill 799, Chapter 520, authored by Senator Jerry Hill, which was approved by the Governor, Edmund Gerald Brown Jr., on October 5, 2017.
- The Board is aware of the closure of Brightwood College and will provide additional information as soon as it’s available. In the meantime, please contact the Office of Student Assistance & Relief at the Bureau for Private Postsecondary Education with any questions or concerns.
- On October 15, 2018, the Board’s Fee Increase regulations became effective. The fees associated in the regulations are scheduled to take effect October 25, 2018.
- Apply for Health Professions Education Foundation Loan Repayment Programs
- 2016-2017 Post-Licensure Nursing Program Data Summary and Historical Trend Analysis Report is Now Available
- On March 29, 2018, the Board of Registered Nursing voted to enforce the minimum statutory fee for "Public Health Nurse" title.
Senator Hill recently introduced Senate Bill 1480. The bill would, if approved, make changes to the Public Health Nurse (PHN) fees that are currently set forth in Business and Professions Code section 2815(o). At the Board of Registered Nursing public Board meeting held on March 29, 2018, the Board voted to enforce the $500 minimum statutory fee based on that which was previously approved by the Legislature. Please be advised that the proposed statutory fee changes will not become effective until January 1, 2019 if the bill is approved by the Legislature and signed by the Governor. The language regarding the proposed fee changes is below. You are urged to follow the bill as it makes its way through the various legislative committees.
Introduced by Senator Hill
February 16, 2018
SEC. 5. Section 2816 of the Business and Professions Code is amended to read:
The nonrefundable fee to be paid by a registered nurse for an evaluation of his or her qualifications to use the title “public health nurse” shall be equal to the fees set out in subdivision (o) of Section 2815 not be less than three hundred dollars ($300) or more than one thousand dollars ($1,000). The fee to be paid upon the application for renewal of the certificate to practice as a public health nurse shall be fixed by the board at not not be less than one hundred twenty-five dollars ($125) and not more than five hundred dollars ($500). The penalty fee for failure to renew a certificate to practice as a public health nurse within the prescribed time shall be 50 percent of the renewal fee in effect on the date of renewal of the certificate, but not less than sixty-two dollars and fifty cents ($62.50), and not more than two hundred fifty dollars ($250). All fees payable under this section shall be collected by and paid to the Board of Registered Nursing Fund. It is the intention of the Legislature that the costs of carrying out the purposes of this article shall be covered by the revenue collected pursuant to this section. The board shall refund any registered nurse who paid more than three hundred dollars ($300) for an evaluation of his or her qualifications to use the title “public health nurse” between April 5, 2018, and December 31, 2018.
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