Present law provides that any product containing buprenorphine, whether with or without naloxone, must only be prescribed for a use recognized by the federal food and drug administration ("FDA"). However, this prohibition does not apply to a person who (i) has a documented diagnosis of opiate addiction as shown in their medical record; (ii) receives treatment from a provider who conducts research with controlled substances as set forth in federal law; and (iii) is counted against the total number of patients allowed to the provider as set forth in federal law. This bill deletes the requirements in (ii) and (iii).
Present law prohibits healthcare providers not licensed pursuant to existing law and who are otherwise permitted to prescribe Schedule II or III drugs from prescribing any buprenorphine product for the treatment of opioid use disorder unless the provider works under the supervision of a physician who holds an active federal Drug Addiction Treatment Act of 2000 ("DATA 2000") waiver registration from the federal drug enforcement agency that authorizes the physician to prescribe buprenorphine products and is actively treating patients with buprenorphine products for recovery or medication-assisted treatment. This bill deletes this provision.
Additionally, present law prohibits healthcare providers not licensed pursuant to existing law and who are otherwise permitted to prescribe Schedule II or III drugs from prescribing any buprenorphine product for the treatment of opioid use disorder unless the provider obtains a waiver registration pursuant to DATA 2000 from the federal drug enforcement agency that authorizes the provider to prescribe buprenorphine products under federal law. This bill deletes this provision.
Present law authorizes a healthcare provider licensed under existing law to prescribe a buprenorphine product, as approved by the FDA for use in recovery or medication-assisted treatment if the provider (i) practices under the direct supervision of a physician who is licensed under existing law; (ii) holds an active DATA 2000 waiver from the United States drug enforcement administration; and (iii) is actively treating patients with buprenorphine products for recovery or medication-assisted treatment at the same nonresidential office-based opiate treatment facility as the provider. This bill deletes this provision.
Present law authorizes a healthcare provider licensed under existing law to prescribe a buprenorphine product, as approved by the FDA for use in recovery or medication-assisted treatment if the provider obtains a waiver registration from the U.S. drug enforcement administration that authorizes the provider to prescribe buprenorphine products under federal law and regulations. This bill deletes this provision.
Present law provides that the restrictions and limitations on treating patients with opioids do not apply to the treatment of a patient for opioid use disorder with products that are approved by the FDA for opioid use disorder by a healthcare practitioner who conducts research with controlled substances as set forth in federal law, if, where a prescription is issued pursuant to existing law, the prescription contains the ICD-10 code for the primary disease documented in the patient's chart and the word “exempt”. This bill removes the reference regarding a practitioner who conducts research with controlled substances as set forth in federal law and, instead, expands the exemption to the treatment of a patient for opioid use disorder with products that are approved by the FDA for opioid use disorder by all healthcare practitioners.

Statutes affected:
Introduced: 53-11-311(a), 53-11-311, 53-11-311(c)(2)(I), 53-11-311(c)(2)(J), 53-11-311(h)(2)(B), 53-11-311(h)(2)(J), 63-1-164(e)(7), 63-1-164