BILL NUMBER: AB 2348	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 29, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Mitchell
   (Principal  coauthor:   Assembly Member
  Chesbro  coauthors:  
Assembly Members   Atkins,   Butler,   and
Chesbro  )
    (  Coauthor:   Assembly Member  
Ma   ) 

                        FEBRUARY 24, 2012

   An act to amend Section 2725.1 of  , and to add Section 2725.2
to,  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, in addition, authorize a registered nurse to
dispense    specified  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
 or administer  hormonal contraceptives  pursuant
  in strict adherence  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  pursuant to
Section 2746.51, 2836.1, or 3502.1  by a certified
nurse-midwife, nurse practitioner, or physician assistant if the 
registered  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) 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) 
    (b)  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.

   SEC. 2.    Section 2725.2 is added to the  
Business and Professions Code  , to read:  
   2725.2.  (a) Notwithstanding any other provision of law, a
registered nurse may dispense self-administered hormonal
contraceptives approved by the federal Food and Drug Administration
(FDA) and may administer injections of hormonal contraceptives
approved by the FDA in strict adherence 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.
   (b) The standardized procedure described in subdivision (a) shall
specify all of the following:
   (1) Which nurse may dispense or administer the hormonal
contraceptives.
   (2) Which hormonal contraceptives may be dispensed or administered
under specified circumstances, utilizing the most recent version of
the United States Medical Eligibility Criteria for Contraceptive Use.

   (3) The extent of physician and surgeon supervision required.
   (4) The method of periodic review of the nurse's competence.
   (5) The method of periodic review of the standardized procedure,
including, but not limited to, the required frequency of review and
the person conducting that review.