Voters soundly rejected Proposition 46 – which would’ve raised California’s 40-year-old cap on certain medical malpractice damage awards – in November, but a lesser-known part of that measure moved forward Thursday in the Legislature.
The state Senate voted 28-11 to approve SB 482 by Sen. Ricardo Lara, D-Bell Gardens, which would require California doctors to consult an already-existing state prescription database before prescribing addictive medicine to their patients. This was another part of Prop. 46, albeit less controversial than the medical malpractice segment. The bill now goes to the Assembly.
It’s a win for Bob Pack, the Prop. 46 proponent and Danville resident whose two children were killed by a drunk and drugged driver on Oct. 26, 2003. The motorist who hit Troy and Alana Pack, 10 and 7, had consumed alcohol, Vicodin and muscle relaxants before getting behind the wheel; Jimena Barreto in the weeks before the crash had received six Vicodin prescriptions from six different Kaiser Permanente doctors, who had failed to check into the injuries for which she claimed she needed the pills.
To prevent this kind of “doctor shopping” by abusers and addicts, SB 482 will require prescribers to check the Controlled Substance Utilization Review and Evaluation System (CURES) before prescribing Schedule II and III drugs like OxyContin and other opioids for the first time to a patient, and annually if the treatment continues.
“Prescription drug overdose kills thousands every year, but a simple check of a patient’s medical record can give doctors the information they need to intervene with those who are at risk or may be abusing medications,” Carmen Balber, executive director of Consumer Watchdog, said in a news release. “Requiring doctors to check California’s prescription database before prescribing the strongest, most addictive drugs will save lives and help stem the overdose epidemic.”
Results are promising in other states with similar laws, and Consumer Watchdog estimates that a 75 percent drop in doctor-shopping in California – as experienced in New York – would reduce state and local spending on prescription drugs for Medi-Cal patients by up to $300 million a year.