Section 11159.2 Of Article 1. Requirements Of Prescriptions From California Health And Safety Code >> Division 10. >> Chapter 4. >> Article 1.
11159.2
. (a) Notwithstanding any other provision of law, a
prescription for a controlled substance for use by a patient who has
a terminal illness may be written on a prescription form that does
not meet the requirements of Section 11162.1 if the prescription
meets the following requirements:
(1) Contain the information specified in subdivision (a) of
Section 11164.
(2) Indicate that the prescriber has certified that the patient is
terminally ill by the words "11159.2 exemption."
(b) A pharmacist may fill a prescription pursuant to this section
when there is a technical error in the certification required by
paragraph (2) of subdivision (a), provided that he or she has
personal knowledge of the patient's terminal illness, and
subsequently returns the prescription to the prescriber for
correction within 72 hours.
(c) For purposes of this section, "terminally ill" means a patient
who meets all of the following conditions:
(1) In the reasonable medical judgment of the prescribing
physician, the patient has been determined to be suffering from an
illness that is incurable and irreversible.
(2) In the reasonable medical judgment of the prescribing
physician, the patient's illness will, if the illness takes its
normal course, bring about the death of the patient within a period
of one year.
(3) The patient's treatment by the physician prescribing a
controlled substance pursuant to this section primarily is for the
control of pain, symptom management, or both, rather than for cure of
the illness.
(d) This section shall become operative on July 1, 2004.