BILL NUMBER: SB 1558	CHAPTERED  08/26/02

	CHAPTER  263
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2002
	APPROVED BY GOVERNOR  AUGUST 24, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	PASSED THE ASSEMBLY  JUNE 30, 2002
	AMENDED IN ASSEMBLY  JUNE 20, 2002
	AMENDED IN ASSEMBLY  JUNE 6, 2002
	AMENDED IN SENATE  MAY 9, 2002

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 20, 2002

   An act to amend Section 4061 of the Business and Professions Code,
relating to healing arts, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1558, Figueroa.  Dangerous drug or dangerous device samples.
   Existing law, the Pharmacy Law, prohibits a manufacturer's sales
representative from distributing a complimentary dangerous drug or
dangerous device sample without the written request of a physician
and surgeon or other specified healing arts practitioner.  Under
existing law, a certified nurse-midwife, a nurse practitioner, or a
physician assistant may sign for the delivery or receipt of a sample
requested by the supervising physician and surgeon.
   This bill would additionally authorize a certified nurse-midwife,
a nurse practitioner, and a physician assistant to sign for the
request and receipt of complimentary samples that have been
identified in the standardized procedure, protocol, or practice
agreement that has been approved by a physician.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4061 of the Business and Professions Code is
amended to read:
   4061.  (a) No manufacturer's sales representative shall distribute
any dangerous drug or dangerous device as a complimentary sample
without the written request of a physician, dentist, podiatrist, or
veterinarian.  However, a certified nurse-midwife who functions
pursuant to a standardized procedure or protocol described in Section
2746.51, a nurse practitioner who functions pursuant to a
standardized procedure described in Section 2836.1, or protocol, or a
physician assistant who functions pursuant to a protocol described
in Section 3502.1, may sign for the request and receipt of
complimentary samples of a dangerous drug or dangerous device that
has been identified in the standardized procedure, protocol, or
practice agreement.  Standardized procedures, protocols, and practice
agreements shall include specific approval by a physician.  A review
process, consistent with the requirements of Section 2725 or 3502.1,
of the complimentary samples requested and received by a nurse
practitioner, certified nurse-midwife, or physician assistant shall
be defined within the standardized procedure, protocol, or practice
agreement.
   (b) Each written request shall contain the names and addresses of
the supplier and the requester, the name and quantity of the specific
dangerous drug desired, the name of the certified nurse-midwife,
nurse practitioner, or physician assistant, if applicable, receiving
the samples pursuant to this section, the date of receipt, and the
name and quantity of the dangerous drugs or dangerous devices
provided.  These records shall be preserved by the supplier with the
records required by Section 4059.
   (c) Nothing in this section is intended to expand the scope of
practice of a certified nurse-midwife, nurse practitioner, or
physician assistant.
  SEC. 2.  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 ensure that appropriate health care practitioners may
sign for the request and receipt of pharmaceutical samples that
provide immediate and necessary medication to patients who have
difficulty filling their prescriptions for many reasons, it is
necessary that this act take effect immediately.