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-7— SB 1262 <br /> 1 (3) Repeated acts of clearly excessive prescribing, furnishing, <br /> 2 or administering of controlled substances, or repeated acts of <br /> 3 prescribing, dispensing, or furnishing of controlled substances,or <br /> 4 recommending marijuana to patients for medical purposes,without <br /> 5 a good faith prior examination of the patient and medical reason <br /> 6 therefor. However, in no event shall a physician and surgeon <br /> 7 prescribing,furnishing,or administering controlled substances for <br /> 8 intractable pain consistent with lawful prescribing, including, but <br /> 9 not limited to, Sections 725, 2241.5, and 2241.6 of this code and <br /> 10 Sections 11159.2 and 124961 of the Health and Safety Code, be <br /> 11 prosecuted for excessive prescribing and prompt review of the <br /> 12 applicability of these provisions shall be made in any complaint <br /> 13 that may implicate these provisions. <br /> 14 (4) Sexual misconduct with one or more patients during a course <br /> 15 of treatment or an examination. <br /> 16 (5) Practicing medicine while under the influence of drugs or <br /> 17 alcohol. <br /> 18 (b) The board may by regulation prioritize cases involving an <br /> 19 allegation of conduct that is not described in subdivision(a).Those <br /> 20 cases prioritized by regulation shall not be assigned a priority equal <br /> 21 to or higher than the priorities established in subdivision (a). <br /> 22 (c) The Medical Board of California shall indicate in its annual <br /> 23 report mandated by Section 2312 the number of temporary <br /> 24 restraining orders, interim suspension orders, and disciplinary <br /> 25 actions that are taken in each priority category specified in <br /> 26 subdivisions (a)and (b). <br /> 27 SEC. 3. Article 25 (commencing with Section 2525) is added <br /> 28 to Chapter 5 of Division 2 of the Business and Professions Code, <br /> 29 to read: <br /> 30 <br /> 31 Article 25. Recommending Medical Marijuana <br /> 32 <br /> 33 2525. (a) It is unlawful for a physician and surgeon who <br /> 34 recommends marijuana to a patient for a medical purpose to accept, <br /> 35 solicit, or offer any form of remuneration from or to a facility <br /> 36 licensed pursuant to Part 5 (commencing with Section 18100) of <br /> 37 Division 7, if the physician and surgeon or his or her immediate <br /> 38 family have a financial interest in that facility. <br /> 39 (b) For the purposes of this section, "financial interest" shall <br /> 40 have the same meaning as in Section 650.01. <br /> 94 <br />