BILL NUMBER: AB 851	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 22, 2007

   An act to amend Section 4074 of the Business and Professions Code,
relating to pharmacy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 851, as introduced, Brownley. Prescription drugs: informational
insert.
   Existing law, the Pharmacy Law, the knowing violation of which is
a crime, provides for the licensing and regulation of the practice of
pharmacy by the California Board of Pharmacy, in the Department of
Consumer Affairs. Existing law requires a pharmacist to inform a
patient orally or in writing of the harmful effects of a drug
dispensed by prescription if the drug poses substantial risk to the
person consuming the drug when taken in combination with alcohol, as
specified.
   This bill would require a pharmacist to include a large print
informational insert with any dispensed prescription that poses
substantial risk when taken in combination with alcohol or other
medications, warning of the risks involved, as specified. Because
this bill would impose a new requirement under the Pharmacy Law, the
knowing violation of which would be a crime, it would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 4074 of the Business and Professions Code is
amended to read:
   4074.  (a) A pharmacist shall inform a patient orally or in
writing of the harmful effects of a drug dispensed by prescription if
the drug  poses substantial risk to the person consuming the
drug when taken in combination with alcohol or if the drug 
may impair a person's ability to drive a motor vehicle  ,
whichever is applicable,  and provided  that  the
drug is determined by the board  pursuant to subdivision (b)
 to be a drug or drug type for which this warning shall be
given. 
   (b) A pharmacist shall include a large print informational insert
with any prescription drug dispensed that poses substantial risk to
the person consuming the drug when taken in combination with alcohol
or other medications, including prescription drugs and
over-the-counter drugs, provided that the drug is determined by the
board pursuant to subdivision (c) to be a drug or drug type for which
this warning is appropriate. The insert itself shall warn the
patient of the specific risk involved and may not satisfy this
requirement by reference to an outside source of information, such as
an Internet Web site.  
   (b) 
    (c)  The board may by regulation require additional
information or labeling. 
   (c) 
    (d)  This section shall not apply to drugs furnished to
patients in conjunction with treatment or emergency services provided
in health facilities or, except as provided in subdivision 
(d)   (e)  , to drugs furnished to patients
pursuant to subdivision (a) of Section 4056. 
   (d) 
    (e)  A health facility shall establish and implement a
written policy to ensure that each patient shall receive information
regarding each medication given at the time of discharge and each
medication given pursuant to subdivision (a) of Section 4056. This
information shall include the use and storage of each medication, the
precautions and relevant warnings, and the importance of compliance
with directions. This information shall be given by a pharmacist or
registered nurse, unless already provided by a patient's prescriber,
and the written policy shall be developed in collaboration with a
physician, a pharmacist, and a registered nurse. The written policy
shall be approved by the medical staff. Nothing in this subdivision
or any other provision of law shall be construed to require that only
a pharmacist provide this consultation.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.