BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1106| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) |Version: | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1106 Author: Yee (D) Amended: 4/5/10 Vote: 21 SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 5-2, 3/22/10 AYES: Negrete McLeod, Calderon, Florez, Oropeza, Yee NOES: Wyland, Aanestad NO VOTE RECORDED: Correa, Walters SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Prescribers: dispensing of samples SOURCE : Author DIGEST : This bill prohibits a prescriber from dispensing a drug sample or a starter kit unless the appropriate manufacturers warning pamphlet is physically attached to the package containing the drug sample or starter kit, or the patient is provided a copy of the Food and Drug Administration (FDA)-approved package insert for the drug sample or starter kit. ANALYSIS : Existing law: 1. Provides for the licensure and regulation of pharmacies, CONTINUED SB 1106 Page 2 pharmacists and wholesalers of dangerous drugs or devices by the Board of Pharmacy in the Department of Consumer Affairs. 2. Specifies certain conditions for a prescriber to dispense drugs or dangerous devices to patients in his or her office or place of practice, including all of the following: A. The dangerous drugs or dangerous devices are dispensed to the prescriber's own patient, and the drugs or dangerous devices are not furnished by a nurse or physician attendant. B. The dangerous drugs or dangerous devices are necessary in the treatment of the condition for which the prescriber is attending the patient. C. The prescriber does not keep a pharmacy, open shop, or drugstore, advertised or otherwise, for the retailing of dangerous drugs, dangerous devices, or poisons. D. The prescriber fulfills all of the labeling requirements imposed upon pharmacists, as specified, and all of the recordkeeping requirements, and all of the packaging requirements of good pharmaceutical practice, including the use of childproof containers. E. The prescriber does not use a dispensing device unless he or she personally owns the device and the contents of the device, and personally dispenses the dangerous drugs or dangerous devices to the patient packaged, labeled, and recorded, as specified. F. The prescriber, prior to dispensing, offers to give a written prescription to the patient that the patient may elect to have filled by the prescriber or by any pharmacy. G. The prescriber provides the patient with written disclosure that the patient has a choice between obtaining the prescription from the dispensing prescriber or obtaining the prescription at a SB 1106 Page 3 pharmacy of the patient's choice. 3. Defines a prescriber to mean a person who holds a physician's and surgeon's certificate, a license to practice optometry, a license to practice naturopathic medicine, a license to practice dentistry, a license to practice veterinary medicine, or a certificate to practice podiatry. 4. Permits the furnishing of a limited quantity of samples by a prescriber, if the prescriber dispenses the samples to the patient in the package provided by the manufacturer, no charge is made to the patient, and an appropriate record is entered into the patient's chart. 5. Prescribes the labeling requirements for prescription drugs dispensed by a pharmacist to include the manufacturer's trade name of the drug or the generic name and the name of the manufacturer; directions for the use of the drug; the name of the patient; the name of the prescriber; the date of issue, the strength of the drug and the expiration date of the effectiveness of the drug dispensed. 6. Establishes the FDA to, among other things, regulate prescription and over-the-counter pharmaceutical drugs, medical devices and biopharmaceuticals. This bill prohibits a prescriber from dispensing a drug sample or a starter kit unless the appropriate manufacturer's warning pamphlet is physically attached to the package containing the drug sample or starter kit or the manufacturer's warnings are affixed to the package containing the drug sample or starter kit, or the patient is provided a copy of the FDA-approved package insert for the drug sample or starter kit. Background Existing law allows a physician and surgeon, optometrist, naturopathic doctor, dentist, veterinarian, and podiatrist to dispense drugs or dangerous devices to patients in their offices or place of practice if specified conditions are met. These conditions include the requirement that the SB 1106 Page 4 drugs or devices are dispensed to the prescriber's own patient, is necessary in the treatment of the condition for which the prescriber is attending the patient, and to fulfill all of the labeling requirements imposed upon pharmacists when dispensing drugs. These labeling requirements include the manufacturer's trade name of the drug or the generic name and the name of the manufacturer, directions for the use of the drug, the name of the patient, the date of issue, and the strength and quantity of the drugs dispensed. Existing law also states that the provisions establishing conditions for a prescriber to dispense drugs or dangerous devices does not prohibit the furnishing of a limited quantity of samples to the patient, if the samples are dispensed in the package provided by the manufacturer, no charge is made to the patient, and an appropriate record is entered into the patient's chart. However, this provision does not apply to community clinics or free clinics, clinics operated by the United States government, or a clinic operated by a federally recognized Indian tribe or tribal organization or clinics offering narcotic treatment programs. The FDA determines the requirement for drug product labels or patient package insert for drugs. A patient package insert is written information received when you purchase prescription drugs that tells what the drug is, how it should be used and how it works. It also contains information regarding any possible safety concerns or precautions necessary when taking the drug. This information may be enclosed in the medication box, or may be given as a printout from the pharmacist. Drug product labels are available on the FDA's Web site. Drug samples and prescribing practices . Free drug samples is a common practice among physicians, but recently such practice has been criticized for its drawbacks because of the lack of printed instructions on the free samples, and has been regarded as a promotional tool by manufacturers to promote the newest, least-tested drugs. An article entitled "Effects of Using Free Sample Medications on the Prescribing Practices of Family Physicians", published in the Journal of the American Board of Family Medicine SB 1106 Page 5 concluded that family physicians who distribute free sample medications are more likely to prescribe those medications than physicians who do not. The article stated that physicians' attitudes toward the use of free sample medications vary considerably; many believe that free samples are a great service, especially for indigent patients, free samples immediately begin the course of therapy, and free samples would allow physicians to evaluate patient tolerance and adjust dosage before a full prescription would be written for the patient. The article also points out that more substantial problems associated with free samples relate to physicians' inclinations to prescribe the newer and more expensive medications that may be no more effective than well-known established drug therapies. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 4/14/10) California Alliance for Retired Americans California Public Interest Research Group Consumer Attorneys of California OPPOSITION : (Verified >) > ARGUMENTS IN SUPPORT : According to the author's office, although sample prescription drugs have an important role to play in our health care delivery system, patients need to be armed with the same information that they are provided from the pharmacy. There are no requirements in current law that pertinent information be given to patients who receive sample drugs. ARGUMENTS IN OPPOSITION : > JJA:mw 4/14/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE SB 1106 Page 6 SUPPORT/OPPOSITION: NONE RECEIVED **** END ****