SECTIONS 11190-11192 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11190-11192

11190. (a) Every practitioner, other than a pharmacist, who
prescribes or administers a controlled substance classified in
Schedule II shall make a record that, as to the transaction, shows
all of the following:
(1) The name and address of the patient.
(2) The date.
(3) The character, including the name and strength, and quantity
of controlled substances involved.
(b) The prescriber's record shall show the pathology and purpose
for which the controlled substance was administered or prescribed.
(c) (1) For each prescription for a Schedule II, Schedule III, or
Schedule IV controlled substance that is dispensed by a prescriber
pursuant to Section 4170 of the Business and Professions Code, the
prescriber shall record and maintain the following information:
(A) Full name, address, and the telephone number of the ultimate
user or research subject, or contact information as determined by the
Secretary of the United States Department of Health and Human
Services, and the gender, and date of birth of the patient.
(B) The prescriber's category of licensure and license number;
federal controlled substance registration number; and the state
medical license number of any prescriber using the federal controlled
substance registration number of a government-exempt facility.
(C) NDC (National Drug Code) number of the controlled substance
dispensed.
(D) Quantity of the controlled substance dispensed.
(E) ICD-9 (diagnosis code), if available.
(F) Number of refills ordered.
(G) Whether the drug was dispensed as a refill of a prescription
or as a first-time request.
(H) Date of origin of the prescription.
(2) (A) Each prescriber that dispenses controlled substances shall
provide the Department of Justice the information required by this
subdivision on a weekly basis in a format set by the Department of
Justice pursuant to regulation.
(B) The reporting requirement in this section shall not apply to
the direct administration of a controlled substance to the body of an
ultimate user.
(d) This section shall become operative on January 1, 2005.
(e) The reporting requirement in this section for Schedule IV
controlled substances shall not apply to any of the following:
(1) The dispensing of a controlled substance in a quantity limited
to an amount adequate to treat the ultimate user involved for 48
hours or less.
(2) The administration or dispensing of a controlled substance in
accordance with any other exclusion identified by the United States
Health and Human Service Secretary for the National All Schedules
Prescription Electronic Reporting Act of 2005.
(f) Notwithstanding paragraph (2) of subdivision (c), the
reporting requirement of the information required by this section for
a Schedule II or Schedule III controlled substance, in a format set
by the Department of Justice pursuant to regulation, shall be on a
monthly basis for all of the following:
(1) The dispensing of a controlled substance in a quantity limited
to an amount adequate to treat the ultimate user involved for 48
hours or less.
(2) The administration or dispensing of a controlled substance in
accordance with any other exclusion identified by the United States
Health and Human Service Secretary for the National All Schedules
Prescription Electronic Reporting Act of 2005.

11191. The record shall be preserved for three years.
Every person who violates any provision of this section is guilty
of a misdemeanor.

11192. In a prosecution for a violation of Section 11190, proof
that a defendant received or has had in his possession at any time a
greater amount of controlled substances than is accounted for by any
record required by law or that the amount of controlled substances
possessed by a defendant is a lesser amount than is accounted for by
any record required by law is prima facie evidence of a violation of
the section.