BILL NUMBER: AB 67 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nava
DECEMBER 10, 2008
An act to add Section 4052.6 to the Business and Professions Code,
relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 67, as introduced, Nava. Pharmacy Patient Protection Act of
2008.
Existing law, the Unruh Civil Rights Act, provides that all
persons are free and equal, and no matter what their sex, race,
color, religion, ancestry, national origin, disability, medical
condition, marital status, or sexual orientation and are entitled to
the full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments.
Existing law, the Pharmacy Law, the knowing violation of which is
a crime, provides for the licensure and regulation of pharmacists and
pharmacies by the California State Board of Pharmacy in the
Department of Consumer Affairs. Existing law prohibits pharmacists
and other health care licentiates from obstructing a patient in
obtaining a prescription drug or device that has been legally
prescribed or ordered for that patient, except if the licentiate
refuses on ethical, moral, or religious grounds and otherwise, as
specified. Existing law provides that a violation of this prohibition
constitutes unprofessional conduct and shall subject the pharmacist
or other health care licentiate to disciplinary or administrative
action by his or her licensing agency. Existing law authorizes the
Board of Pharmacy to impose disciplinary actions including suspension
and revocation of a pharmacist's license, as specified.
This bill would establish the Pharmacy Patient Protection Act of
2008, which would require pharmacists to dispense all lawfully
obtained prescriptions when the prescribed medication is in stock
without regard to any ethical, moral, or religious objections.
This bill would provide that a pharmacist's failure to dispense a
prescription as required would be grounds for revocation of the
pharmacist's license.
Existing law requires pharmacies to post prominently a notice
describing a patient's rights to obtain a prescription drug or device
without obstruction by a pharmacist with exceptions and providing
additional information, as specified. Existing law permits a pharmacy
to provide the patient a written receipt containing the information
required on the notice in lieu of posting a notice.
This bill would require a pharmacy to prominently display a sign
explaining the patient's rights established by this bill, including
the telephone number and Internet Web site for patients to utilize in
filing a complaint.
This bill would make specified findings and declarations of the
Legislature.
Because this bill would impose new requirements and prohibitions
under the Pharmacy Law, the knowing violation of which would be a
crime, this bill 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. This act shall be known, and may be cited, as the
Pharmacy Patient Protection Act of 2008.
SEC. 2. (a) The Legislature finds and declares that the California
Supreme Court held in Benitez v. North Coast Women's Care Medical
Group (2008) 44 Cal. 4th 1145, that the physicians' constitutional
rights to free speech and free exercise of religion afforded by the
First Amendment to the United States Constitution did not exempt the
physicians from complying with the Unruh Civil Rights Act (Sections
51 to 53, inclusive, of Civil Code. The court further held that the
liberty of conscience provided in Section 4 of Article I of the
California Constitution was insufficient to allow the physicians to
engage in sexual orientation discrimination. The court held that the
Unruh Civil Rights Act furthered a compelling interest in ensuring
full and equal access to medical treatment irrespective of sexual
orientation, and there were no less restrictive means to achieve that
goal.
(b) The Legislature finds and declares that the state has a
compelling interest in ensuring full and equal access to dispensed
prescriptions and that interference with full and equal access to
dispensed prescriptions is inconsistent with the safety of the state.
(c) The Legislature intends to apply the principles of this case
law to dispensing of prescriptions by pharmacists to further ensure
all patients full and equal access to medical treatment irrespective
of sexual orientation, or otherwise.
SEC. 3. Section 4052.6 is added to the Business and Professions
Code, to read:
4052.6. (a) Notwithstanding paragraph (3) of subdivision (b) of
Section 733, a pharmacist shall dispense each lawfully obtained
prescription presented by a patient provided that the prescribed
medication is in stock at the pharmacy in which the pharmacist is
practicing. A pharmacist shall dispense prescriptions irrespective of
the pharmacist's ethical, moral, or religious objections. The
liberty of conscience, within the meaning of Section 4 of Article I
of the California Constitution, shall not be lawful grounds for a
pharmacist to fail to dispense a prescription.
(b) If a pharmacist fails to dispense a prescription pursuant to
subdivision (a), the patient named on the prescription, or his or her
duly authorized representative, may file a complaint with the board
in connection with the pharmacist's failure to dispense the
prescription.
(c) A violation of subdivision (a) shall be grounds for revocation
of a pharmacist's license by the board.
(d) Every pharmacy that is open to the public shall prominently
display a notice explaining the patients' rights established pursuant
to this section, including the telephone number and Internet Web
site of the board for patients to utilize in filing a complaint. The
format and wording of the notice shall be adopted by the board by
regulation. The notice required by this subdivision shall be in
addition to any notice requirement imposed by subdivision (a) of
Section 4122.
SEC. 4. 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.