BILL ANALYSIS Ó
SB 1329
Page 1
SENATE THIRD READING
SB 1329 (Simitian)
As Amended June 26, 2012
Majority vote
SENATE VOTE :38-0
HEALTH 18-0
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|Ayes:|Monning, Logue, Ammiano, |
| |Atkins, Bonilla, Eng, |
| |Garrick, Gordon, Hayashi, |
| |Roger Hernández, |
| |Bonnie Lowenthal, |
| |Mansoor, Mitchell, |
| |Nestande, V. Manuel |
| |Pérez, Silva, Smyth, |
| |Williams |
| | |
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SUMMARY : Revises existing law authorizing a voluntary,
county-option drug repository and distribution program (program)
to distribute surplus unused medications to medically indigent
persons to expand the categories of facilities that can dispense
and donate medications in the program; include these additional
entities in the immunities from civil and criminal liability
granted to entities participating in the program; and, modify
the method by which a county may establish the program.
Specifically, this bill :
1)Includes a licensed pharmacy that is owned and operated by a
licensed primary care clinic, and a licensed primary care
clinic that is licensed to administer and dispense drugs, in
the definition of eligible entities that are authorized to
dispense medication in the program. Prohibits these
additional entities from being on probation with the Board of
Pharmacy (Board).
2)Adds the following categories of facilities to the types of
entities authorized to donate medication under the program:
a) A general acute care hospital;
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b) An acute psychiatric hospital;
c) An intermediate care facility (ICF);
d) ICF/developmentally disabled facilities, as specified;
e) A correctional treatment center;
f) A psychiatric health facility;
g) A chemical dependency recovery hospital;
h) Residential care facilities for the elderly, as
specified; and,
i) A mental health rehabilitation center.
3)Deletes existing law authorizing a county to establish the
program by local ordinance and, instead, allows a county to
establish the program through an action by the county board of
supervisors or through an action of the county public health
officer, as directed by the county board of supervisors.
Requires the county to notify the Board within 30 days after
establishing the program.
4)Requires an entity that seeks to participate in the program to
inform the county health department and the Board in writing
of its intent and prohibits an entity from participating in
the program until it has received written or electronic
documentation from the county health department confirming
that its notice of intent has been received.
5)Requires an entity participating in the program to disclose to
the county health department the name and location of the
source of all donated medication it receives, and requires a
participating primary care clinic to disclose to the county
health department the physician accountable to the Board for
the clinic's program operations. Requires the physician to be
the clinic's professional director.
6)Directs the county board of supervisors or county public
health officer to make available to the Board, upon request,
the information in 5) above.
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7)Allows the county board of supervisors, the county public
health officer, or the Board to prohibit an entity from
participating in the program if the entity does not comply
with the requirements of the program. Requires the prohibited
entity to be notified in writing, as specified.
8)Permits medication donated to the program to be transferred to
another entity participating in the program for dispensing to
eligible patients.
9)Exempts the additional facilities authorized by this bill to
dispense and donate medication from existing civil and
criminal liability when donating, accepting or dispensing
drugs in the program, except in cases of noncompliance with
existing law governing the program, bad faith, or gross
negligence.
FISCAL EFFECT : None
COMMENTS : According to the author, this bill is intended to
enhance efforts to implement prior legislation, SB 798
(Simitian), Chapter 444, Statutes of 2005, which allows counties
to set up drug collection and redistribution programs. The
author notes that, under SB 798, only skilled nursing facilities
(SNFs), drug wholesalers, and drug manufacturers are allowed to
donate unused medications and only county-owned or
county-contracted pharmacies are authorized to receive and
dispense the donated drugs. The author contends that this bill
is needed to allow health and care facilities, other than SNFs,
that also accumulate unused and unexpired drugs that would
otherwise be destroyed, to participate as drug donors in the
program. Additionally, the author states that this bill will
enable clinics, which often serve the medically indigent, to
receive and dispense the donated drugs and will remove a
bureaucratic hurdle for many counties by eliminating the
requirement for a program to be initiated by a county ordinance
and instead allow it to be established through an action by the
county board of supervisors or the county public health officer.
The Board has taken a support if amended position on this bill
and requests clarifying amendments to ensure that this bill does
not inadvertently create drug diversion opportunities.
According to the Board, previously dispensed drugs donated to
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county programs are not subject to the normal controls built
into the distribution requirements for prescription medication
so preventing opportunities where these drugs, some of which are
very costly to purchase, could be illegally resold back into the
supply chain is a Board goal.
Supporters, representing counties, potential donor entities,
patient advocates, and environmental groups, state that this
bill will increase the accessibility of prescription drugs to a
greater number of low-income, uninsured Californians while
reducing the environmental impact of pharmaceutical waste.
Supporters agree that implementing more prescription recycling
programs for unused medications throughout the state is
especially important at a time when prescription drug costs
continue to rise as budgets for the health care safety net are
shrinking.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN: 0004216