BILL NUMBER: AB 2756	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2008

INTRODUCED BY   Assembly Member Duvall

                        FEBRUARY 22, 2008

   An act to amend Section 4062 of the Business and Professions Code,
relating to pharmacy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2756, as amended, Duvall. Pharmacists: furnishing drugs during
emergency. 
   Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacists by the California State Board of Pharmacy.
Existing law authorizes a pharmacist to furnish dangerous drugs or
devices in reasonable quantities without a prescription during a
federal, state, or local emergency to further the health and safety
of the public, as specified. Existing law authorizes the board,
during a declared federal, state, or local emergency, to waive
application of any provisions of the Pharmacy Law or the regulations
adopted thereunder if the waiver will aid in the protection of the
public health or the provision of patient care.  
   This bill would also authorize a pharmacist to furnish dangerous
drugs or devices in reasonable quantities without a prescription
during a natural disaster to further the health and safety of the
public, as specified, and would authorize the board, during a natural
disaster, to waive application of any provisions of the Pharmacy Law
or the regulations adopted thereunder if the waiver will aid in the
protection of the public health or the provision of patient care.
 
   Existing law authorizes a pharmacist to, in good faith, furnish a
dangerous drug or dangerous device in reasonable quantities without a
prescription during a federal, state, or local emergency. 

   This bill would make a nonsubstantive change to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 4062 of the Business and Professions Code is
amended to read:
   4062.  (a) Notwithstanding Section 4059 or any other provision of
law, a pharmacist may, in good faith, furnish a dangerous drug or
dangerous device in reasonable quantities without a prescription
during a federal, state, or local emergency  or a natural
disaster  , to further the health and safety of the public. A
record containing the date, name, and address of the person to whom
the drug or device is furnished, and the name, strength, and quantity
of the drug or device furnished shall be maintained. The pharmacist
shall communicate this information to the patient's attending
physician as soon as possible. Notwithstanding Section 4060 or any
other provision of law, a person may possess a dangerous drug or
dangerous device furnished without prescription pursuant to this
section.
   (b) During a declared federal, state, or local emergency  or a
natural disaster  , the board may waive application of any
provisions of this chapter or the regulations adopted pursuant to
this chapter if, in the board's opinion, the waiver will aid in the
protection of public health or the provision of patient care. 
   (c) For purposes of this section, "natural disaster" means fire,
flood, storm, epidemic, or earthquake.