BILL NUMBER: AB 243	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  SEPTEMBER 1, 2015
	AMENDED IN SENATE  AUGUST 17, 2015
	AMENDED IN SENATE  JULY 2, 2015
	AMENDED IN ASSEMBLY  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015

INTRODUCED BY   Assembly Member Wood
   (Coauthors: Assembly Members Rendon and Williams)

                        FEBRUARY 5, 2015

   An act  to amend Section 2220.05 of the Business and
Professions Code,  relating to medical marijuana, and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 243, as amended, Wood. Medical  Board of California:
medical  marijuana.
    Existing law, the Compassionate Use Act of 1996, an initiative
measure enacted by the approval of Proposition 215 at the November 5,
1996, statewide general election, authorizes the use and cultivation
of marijuana for medical purposes.  Existing law makes it a
crime to plant, cultivate, harvest, dry, or process marijuana, except
as otherwise authorized by law. Under existing law, qualified
patients, persons with valid identification cards, and the designated
primary caregivers of qualified patients and persons with
identification cards, who associate in order collectively and
cooperatively to cultivate marijuana for medical purposes, are not
subject to criminal sanctions solely on the basis of that fact.
  Existing law requires the Medical Board of California
to prioritize its investigative and prosecutorial resources to ensure
that the most harmful physicians and surgeons are identified and
disciplined expeditiously, and provides a list of allegations that
shall be prioritized.  
   This bill would add repeatedly recommending excessive cannabis to
patients for medical purposes, and repeatedly recommending cannabis
to patients without a good faith examination and a medical reason, to
the list of prioritized allegations. 
   This bill  , contingent on the enactment of AB 266 and SB
643, would state the intent of the Legislature to enact legislation
that would establish a dedicated funding source to address
environmental damages resulting from illegal cannabis cultivation.
  would become operative only if AB 266 and SB 643 of
the 2015-16 Regular Session is enacted and takes effect on or before
January 1, 2016. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. 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 legislation that would establish a dedicated funding source
to address environmental damages resulting from illegal cannabis
cultivation. 
  SEC. 2.  This measure shall become operative only if both Assembly
Bill 266 and Senate Bill 643 of the 2015-16 Regular Session are
enacted and become operative.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to address the damage done by illegal marijuana
cultivation at the earliest time possible, it is necessary that this
act take effect immediately.