AB 299, as introduced, Holden. Pharmacy.
The Pharmacy Law governs the business and practice of pharmacy in this state. That law provides that any pharmacy located outside this state that ships, mails, or delivers, in any manner, controlled substances, dangerous drugs, or dangerous devices into this state is considered a nonresident pharmacy. The law prohibits a person from acting as a nonresident pharmacy unless he or she has obtained a license, and imposes various disclosure and recordkeeping requirements on nonresident pharmacies. Any person who knowingly violates these provisions is guilty of a misdemeanor.
This bill would prohibit a nonresident pharmacy or a pharmacy located in this state that delivers prescriptions via mail from entering into, or being a party to, an agreement with a health care service plan or disability insurer that requires a plan enrollee or insured to utilize mail order services or that requires a plan enrollee or insured to opt out of a mail order process. By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 4112 of the Business and Professions
2Code is amended to read:
(a) Any pharmacy located outside this state that ships,
4mails, or delivers, in any manner, controlled substances, dangerous
5drugs, or dangerous devices into this state shall be considered a
6nonresident pharmacy.
7(b) A person may not act as a nonresident pharmacy unless he
8or she has obtained a license from the board. The board may
9register a nonresident pharmacy that is organized as a limited
10liability company in the state in which it is licensed.
11(c) A nonresident pharmacy shall disclose to the board the
12location, names, and titles of (1) its agent for service of process in
13this state, (2) all principal corporate officers, if any, (3) all general
14partners, if any, and (4) all pharmacists who are
dispensing
15controlled substances, dangerous drugs, or dangerous devices to
16residents of this state. A report containing this information shall
17be made on an annual basis and within 30 days after any change
18of office, corporate officer, partner, or pharmacist.
19(d) All nonresident pharmacies shall comply with all lawful
20directions and requests for information from the regulatory or
21licensing agency of the state in which it is licensed as well as with
22all requests for information made by the board pursuant to this
23section. The nonresident pharmacy shall maintain, at all times, a
24valid unexpired license, permit, or registration to conduct the
25pharmacy in compliance with the laws of the state in which it is a
26resident. As a prerequisite to registering with the board, the
27nonresident pharmacy shall submit a copy of the most recent
28inspection report resulting from an inspection conducted by the
29regulatory or licensing agency of the state in which it
is located.
30(e) All nonresident pharmacies shall maintain records of
31controlled substances, dangerous drugs, or dangerous devices
32dispensed to patients in this state so that the records are readily
33retrievable from the records of other drugs dispensed.
P3 1(f) Any pharmacy subject to this section shall, during its regular
2hours of operation, but not less than six days per week, and for a
3minimum of 40 hours per week, provide a toll-free telephone
4service to facilitate communication between patients in this state
5and a pharmacist at the pharmacy who has access to the patient’s
6records. This toll-free telephone number shall be disclosed on a
7label affixed to each container of drugs dispensed to patients in
8this state.
9(g) A nonresident pharmacy shall not permit a pharmacist whose
10license has been revoked by the board to
manufacture, compound,
11furnish, sell, dispense, or initiate the prescription of a dangerous
12drug or dangerous device, or to provide any pharmacy-related
13service, to a person residing in California.
14(h) A nonresident pharmacy or a pharmacy located in this state
15that delivers prescriptions via mail is prohibited from entering
16into, or being a party to, an agreement with a health care service
17plan or disability insurer that requires a plan enrollee or insured
18to utilize mail order services or that requires a plan enrollee or
19insured to opt out of a mail order process.
20(h)
end delete
21begin insert(i)end insert The board shall adopt regulations that apply the same
22requirements or standards for oral consultation to a nonresident
23pharmacy that operates pursuant to this section and ships, mails,
24or delivers any controlled substances, dangerous drugs, or
25dangerous devices to residents of this state, as are applied to an
26in-state pharmacy that operates pursuant to Section 4037 when the
27pharmacy ships, mails, or delivers any controlled substances,
28dangerous drugs, or dangerous devices to residents of this state.
29The board shall not adopt any regulations that require face-to-face
30consultation for a prescription that is shipped, mailed, or delivered
31to the patient. The regulations adopted pursuant to this subdivision
32shall not result in any unnecessary delay in patients receiving their
33medication.
34(i)
end delete
35begin insert(end insertbegin insertj)end insert The registration fee shall be the fee specified in subdivision
36(a) of Section 4400.
37(j)
end delete
38begin insert(end insertbegin insertk)end insert The registration requirements of this section shall apply only
39to a nonresident pharmacy that ships, mails, or delivers controlled
P4 1substances, dangerous drugs, and dangerous devices into this state
2
pursuant to a prescription.
3(k)
end delete
4begin insert(end insertbegin insertl)end insert Nothing in this section shall be construed to authorize the
5dispensing of contact lenses by nonresident pharmacists except as
6provided by Section 4124.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.
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