BILL NUMBER: AB 67 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Nava
DECEMBER 10, 2008
An act to add Section 4052.6 to the Business and
Professions Code, relating to pharmacy. An act to add
Chapter 8 (commencing with Section 20700) to Division 20 of the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 67, as amended, Nava. Pharmacy Patient Protection Act
of 2008. Elections: campaign advertisements and
communications.
Existing law generally makes actionable the use of libelous or
slanderous materials in campaign advertising and communications.
This bill would prohibit a person, as defined, from knowingly
using the name, voice, signature, photograph, or likeness of a minor
in an advertisement or communication for or against a candidate or a
ballot measure without the written consent of the parent or legal
guardian of the minor, if the minor is under 12 years of age, or the
written consent of the minor, if the minor is 12 years of age or
older. The bill would provide that violation of this provision is
subject to a civil penalty for each instance in which the violating
advertisement or communication is aired or published, if a court
finds that the privacy interests of the minor outweigh the speech
interests of the person.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 8 (commencing with Section
20700) is added to Division 20 of the Elections Code
, to read:
CHAPTER 8. USE OF THE IMAGE OF A MINOR
20700. (a) A person shall not knowingly use the name, voice,
signature, photograph, or likeness of a minor in an advertisement or
communication for or against a candidate or a ballot measure without
prior written consent from either of the following:
(1) The parent or legal guardian of the minor, if the minor is
under 12 years of age.
(2) The minor, if he or she is 12 years of age or older.
(b) A violation of subdivision (a) is subject to a civil penalty
of ten thousand dollars ($10,000) for each instance in which the
advertisement or communication is published or aired if a court of
competent jurisdiction finds that the privacy interests of the minor
whose identifying information was used in the advertisement or
communication outweigh the speech interests of the person who used
the identifying information of the minor in the advertisement or
communication.
(c) For purposes of this chapter, the following terms have the
following meanings:
(1) "Minor" has the same meaning as used in Section 6500 of the
Family Code.
(2) "Person" has the same meaning as used in Section 20200.
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.