BILL ANALYSIS
SB 490
Page 1
SENATE THIRD READING
SB 490 (Alpert)
As Amended September 3, 2003
Majority vote
SENATE VOTE :24-13
BUSINESS AND PROFESSIONS 10-3 HEALTH 16-6
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|Ayes:|Correa, Shirley Horton, |Ayes:|Frommer, Hancock, Chavez, |
| |Bermudez, Corbett, | |Chu, Cohn, Goldberg, |
| |Koretz, Leno, Maldonado, | |Koretz, Lieber, Montanez, |
| |Nation, Vargas, Yee | |Nakano, Negrete McLeod, |
| | | |Nunez, Ridley-Thomas, |
| | | |Salinas, Wolk, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Aghazarian, Maze, Wyland |Nays:|Pacheco, Bates, Dutton, |
| | | |Maze, McCarthy, Plescia |
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APPROPRIATIONS 18-4
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|Ayes:|Steinberg, Berg, | | |
| |Calderon, Corbett, | | |
| |Correa, Daucher, Diaz, | | |
| |Goldberg, Leno, | | |
| |Maldonado, Nation, | | |
| |Negrete McLeod, Nunez, | | |
| |Pavley, Ridley-Thomas, | | |
| |Simitian, Wiggins, Yee | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Haynes, Pacheco, Runner, | | |
| |Samuelian | | |
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SUMMARY : Authorizes a licensed pharmacist to furnish emergency
contraception drug therapy (EC) in accordance with standardized
procedures developed by the Board of Pharmacy (Board) and the
Medical Board of California (MBC). Specifically, this bill :
1)Authorizes a pharmacist to furnish EC in accordance with a
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standardized procedure or protocol developed and approved by
both the MBC and the Board, in consultation with the American
College of Obstetricians and Gynecologists, the California
Pharmacist Association and other appropriate entities.
2)Specifies that the Board and the MBC shall both have authority
to ensure compliance, and that each board is specifically
charged with the enforcement of this provision with respect to
their own licensees.
3)Revises pharmacist training requirements to mandate completion
of an EC training program consisting of at least one hour of
approved continuing education on EC drug therapy.
4)Deletes specified pharmacist training program requirements
related to EC, including the topics of sensitive
communications, quality assurance, referral to additional
services, and documentation.
5)Clarifies that nothing in these provisions shall be construed
to expand the authority of a pharmacist to prescribe any
prescription medication.
6)Declares that no reimbursement to local agencies is required
by this act.
7)Provides "chaptering-out" language to prevent this bill from
conflicting with SB 545 (Speier).
FISCAL EFFECT : Minor and absorbable costs to the Board and MBC.
MBC operating costs are funded from physician licensing fees
deposited in the MBC Contingency Fund, and Board operating costs
are funded from pharmacist licensing fees deposited in the Board
Contingent Fund.
COMMENTS : This bill intended to make it easier for pharmacists
to dispense emergency contraceptive drugs to consumers by
creating one statewide protocol with simpler training and
oversight requirements. EC is a drug regimen that reduces the
chance of pregnancy significantly if administered within 72
hours of unprotected intercourse.
Under current law, pharmacists may initiate EC in accordance
with standardized procedures or "protocols" developed by the
pharmacists and authorized prescribers acting within their scope
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of practice. However, the author argues that this process has
been underutilized because individual pharmacists must seek out
physicians in order to arrange these protocol agreements, which
can be difficult given concerns among physicians about
malpractice liability.
This bill attempts to simplify the process for pharmacists by
creating one standard protocol, under the direction of the Board
and MBC. Pharmacists would simply need to follow the Board's
treatment protocol in order to furnish EC, without a formal
prescription or direct physician oversight. This bill would
also streamline the EC training program in two ways: requiring
the training to consist of a minimum of one hour of continuing
education on EC, and providing the Board and MBC with greater
flexibility to determine the content of that program.
According to the sponsor, four states other than California
provide direct public access to EC in pharmacies: Washington,
New Mexico, Alaska and Hawaii. In fact, according to the
author, New Mexico currently permits its Board of Pharmacy to
develop a standard statewide protocol for emergency
contraception in much the same way that this bill does. They
also note that the American Medical Association and the American
College of Obstetricians and Gynecologists have recommended that
EC be granted over-the-counter status by the Food and Drug
Administration.
Analysis Prepared by : Hank Dempsey / B. & P. / (916) 319-3301
FN: 0003424