BILL NUMBER: AB 2348	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Mitchell
   (Principal coauthor: Assembly Member Chesbro)

                        FEBRUARY 24, 2012

   An act to amend Section 2725.1 of the Business and Professions
Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2348, as amended, Mitchell. Registered nurses: dispensation of
drugs.
   Existing law, the Nursing Practice Act, authorizes a registered
nurse to dispense drugs or devices upon an order by a licensed
physician and surgeon if the nurse is functioning within a specified
clinic.
   This bill would  make a nonsubstantive change to these
provisions.   , in addition, authorize a registered
nurse to dispense drugs or devices upon an order issued by a
certified nurse-   midwife, nurse practitioner, or physician
assistant if the nurse is functioning within a specified clinic. The
bill would also authorize a registered nurse to dispense hormonal
contraceptives   pursuant to specified standardized
procedures, if the nurse is functioning within a specified clinic.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2725.1 of the Business and Professions Code is
amended to read:
   2725.1.   (a)    Notwithstanding any other
provision of law, a registered nurse may dispense drugs or devices
upon an order by a licensed physician and surgeon  or an order
issued by a certified nurse-   midwife, nurse practitioner,
or physician assistant  if the nurse is functioning within a
licensed primary care clinic as defined in  paragraphs (1)
and (2)   of  subdivision (a) of Section
1204 of, or within a clinic as defined in subdivision (b) or (c) of
Section 1206  ,  of  ,  the Health and
Safety Code. 
   (b) Notwithstanding any other provision of law, a registered nurse
may dispense hormonal contraceptives pursuant to standardized
procedures developed in compliance with subdivision (c) of Section
2725 if the nurse is functioning within a licensed primary care
clinic as defined in subdivision (a) of Section 1204 of, or within a
clinic as defined in subdivision (b), (c), or (h) of Section 1206 of,
the Health and Safety Code. 
    (c)    No clinic shall employ a registered
nurse to perform dispensing duties exclusively. No registered nurse
shall dispense drugs in a pharmacy, keep a pharmacy, open shop, or
drugstore for the retailing of drugs or poisons. No registered nurse
shall compound drugs. Dispensing of drugs by a registered nurse,
except a certified nurse-midwife who functions pursuant to a
standardized procedure or protocol described in Section 2746.51 or a
nurse practitioner who functions pursuant to a standardized procedure
described in Section 2836.1, or protocol, shall not include
substances included in the California Uniform Controlled Substances
Act (Division 10 (commencing with Section 11000) of the Health and
Safety Code). Nothing in this section shall exempt a clinic from the
provisions of Article 13 (commencing with Section 4180) of Chapter 9.