BILL NUMBER: SB 1426	CHAPTERED  08/30/04

	CHAPTER  383
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  MAY 3, 2004
	AMENDED IN SENATE  APRIL 20, 2004

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 19, 2004

   An act to add Section 5024.5 to the Penal Code, relating to
correctional facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1426, Ducheny.  Department of Corrections:  drug utilization.
   Existing law authorizes the Department of Corrections to adopt
regulations requiring manufacturers of drugs to pay the department a
rebate for the purchase of drugs for offenders in state custody and
to implement other cost-effective strategies for the procurement of
drugs and medical supplies for offenders in state custody, as
specified.
   This bill would require the department to adopt policies,
procedures, and criteria to identify selected medication categories
for the development of utilization protocols based on best practices,
and the use of generic and therapeutic substitutes, as appropriate,
and to develop utilization and treatment protocols based on, among
other criteria, the cost of medications, in coordination with the
Department of General Services' prescription drug bulk purchasing
program.  The bill would require the department to report as part of
the fiscal committee budget hearings on or before April 1, 2006, on
the impact of the adoption of these policies and procedures.  The
bill would state that it is the intent of the Legislature that the
department complete the implementation of these provisions utilizing
the existing resources of the department.


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


  SECTION 1.  Section 5024.5 is added to the Penal Code, to read:
   5024.5.  (a) The Department of Corrections shall adopt policies,
procedures, and criteria to identify selected medication categories
for the development of utilization protocols based on best practices,
and the use of generic and therapeutic substitutes, as appropriate.

   (b) The department shall develop utilization and treatment
protocols for select medication categories based on defined priority
criteria, including, but not limited to, the cost of the medications.

   (c) On or before April 1, 2006, the department shall provide
information, as part of the fiscal committee budget hearings for the
2006-07 budget year, on the impact of the adoption of these
protocols.
   (d) The department shall coordinate the implementation of this
section with the Department of General Services' prescription drug
bulk purchasing program pursuant to Chapter 12 (commencing with
Section 14977) of Part 5.5 of Division 3 of Title 2 of the Government
Code, in order to better achieve the goals and intent of that
program.
   (e) It is the intent of the Legislature that the department shall
complete the implementation of this section utilizing the existing
resources of the department.