Drunken Boating Bill, More Sent to Governor

SACRAMENTO – Two of state Sen. Jeff Stone’s bills – one deals with drunken boating and the other with dispensing a controlled substance during a declared disaster – are headed to Gov. Gavin Newsom’s desk to be signed into law.

The State Assembly on Sept. 3 unanimously passed Stone’s Senate Bill 569, which would allow pharmacists to dispense a controlled substance without a security form during a declared disaster.

The California State Board of Pharmacy received information on challenges during recent declared disasters, including the recent Camp Wildfire, according to Stone, who is a pharmacist. During this fire, many individuals were displaced and significant damage occurred to infrastructure and healthcare facilities. One of the challenges identified to the Board of Pharmacy was limited access to prescription medications including controlled medications for pain, ADHD, depression, and anxiety treatment.

Existing law establishes requirements for controlled substance security forms, including required elements that must be included on the printed security form. But, there is currently no exemption from these requirements for a declared disaster. In addition, during a declared disaster many patient care areas occur in emergency shelters, public schools, and even churches. These non-traditional medical patient care settings may not have access to compliant controlled substances security forms.

Senate Bill 569 will fix this by creating a limited exemption to the controlled substances forms requirements during the initial phase of a local, state, or federal declared disaster.

Senate Bill 569 now moves on to Governor Newsom for his signature.

“I thank the Assembly for their support of this important legislation that will help those who have experienced disaster,” Stone said.

The State Senate also unanimously passed legislation Stone, R-Riverside County, authored to allow boats driven by intoxicated individuals to be impounded for up to 30 days.

If a person is killed by a boater under the influence of drugs or alcohol and convicted of such crime, Senate Bill 393 calls for the boat used in the commission of the crime to be subject to asset forfeiture rules currently imposed on automobiles.

“SB 393 is a simple measure, but it shouldn’t matter if a person is killed by a car or a boat driven by someone under the influence of drugs or alcohol- the victim is still dead and the vehicle used in the crime should be subject to asset forfeiture,” Stone said.

The legislation was introduced after Senator Stone learned about the death of 10-year-old Sara Margiotta, who was killed on the Colorado River in 2007 when the family’s boat was hit by a drunken boater.

After their daughter was killed on the river, the Margiotta Family formed Sara’s Way, a non-profit organization, to raise awareness about the importance of boating safety and the dangers of drinking and boating.

Senate Bill 569 now moves on to Governor Newsom for his signature.