BILL NUMBER: AB 1916	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 16, 2010

    An act to relating to pharmacy.   An act to
add Section 4126.7 to the Business and Professions Code, relating to
pharmacies. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1916, as amended, Davis. Pharmacies:  prescriptions: 
reports.
   Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacies by the California State Board of Pharmacy.
 Existing law requires any pharmacy that contracts to
compound a drug for parenteral therapy for delivery to another
pharmacy to report that contractual arrangement to the board.
  Existing law authorizes a pharmacy to furnish
dangerous drugs only to, among others, a patient or another pharmacy
pursuant to a prescription or as otherwise authorized by law.
Existing law requires every pharmacy to establish a quality assurance
program to assess errors in dispensing or furnishing prescription
drugs. A knowing violation of the Pharmacy Law is a crime unless
otherwise specified.  
   This bill would declare the intent of the Legislature to require a
pharmacy to report to the board when a patient is given a
prescription that belongs to another person.  
   This bill would require a pharmacy to report to the board any
occurrence known by the pharmacy of a prescription being furnished to
a person other than the patient named on the prescription or that
patient's representative. The bill would also require the pharmacy to
report any adverse reaction that may have occurred as a result of
the person to whom the prescription was furnished using the
prescribed drug. Because a knowing violation of these requirements
would be a crime, the 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:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 4126.7 is added to the 
 Business and Professions Code   , to read:  
   4126.7.  A pharmacy shall promptly report to the board any
occurrence known by the pharmacy of a prescription being furnished to
a person other than the patient named on the prescription or that
patient's representative. That report shall include any adverse
reaction that may have occurred as a result of the person to whom the
prescription was furnished using the prescribed drug. 
   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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation requiring a pharmacy to report to the California
State Board of Pharmacy when a patient is given a prescription that
belongs to another person, in order to determine how to possibly
decrease the number of mix-ups and thereby save lives.