BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1106|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |Version:                 |
          |327-4478                          |                         |
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                                 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,  
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             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  







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                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  







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          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   







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          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








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                       SUPPORT/OPPOSITION:  NONE RECEIVED










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