AB 299, as amended, 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) begin deleteAll end deletebegin insertEach end insertnonresidentbegin delete pharmaciesend deletebegin insert pharmacyend insert shall comply
20with all lawful directions and requests for information from the
21regulatory or licensing agency of the state in which it is
licensed
22as well as with all requests for information made by the board
23pursuant to this section. The nonresident pharmacy shall maintain,
24at all times, a valid unexpired license, permit, or registration to
25conduct the pharmacy in compliance with the laws of the state in
26which it is a resident. As a prerequisite to registering with the
27board, the nonresident pharmacy shall submit a copy of the most
28recent inspection report resulting from an inspection conducted
29by the regulatory or licensing agency of the state in which it is
30located.
P3 1(e) All nonresident pharmacies shall maintain records of
2controlled substances, dangerous drugs, or dangerous devices
3dispensed to patients in this state so that the records are readily
4retrievable from the records of other drugs dispensed.
5(f) Any pharmacy subject to this section shall, during its regular
6hours of operation, but not less than six days per week, and for a
7minimum of 40 hours per week, provide a toll-free telephone
8service to facilitate communication between patients in this state
9and a pharmacist at the pharmacy who has access to the patient’s
10records. This toll-free telephone number shall be disclosed on a
11label affixed to each container of drugs dispensed to patients in
12this state.
13(g) A nonresident pharmacy shall not permit a pharmacist whose
14license has been revoked by the board to manufacture, compound,
15furnish, sell, dispense, or initiate the prescription of a dangerous
16drug or dangerous device, or to provide any pharmacy-related
17service, to a person residing in California.
18(h) A
nonresident pharmacy or a pharmacy located in this state
19that delivers prescriptions via mail is prohibited from entering into,
20or being a party to, an agreement with a health care service plan
21or disability insurer that requires a plan enrollee or insured to utilize
22mail order services or that requires a plan enrollee or insured to
23opt out of a mail order process.
24(i) The board shall adopt regulations that apply the same
25requirements or standards for oral consultation to a nonresident
26pharmacy that operates pursuant to this section and ships, mails,
27or delivers any controlled substances, dangerous drugs, or
28dangerous devices to residents of this state, as are applied to an
29in-state pharmacy that operates pursuant to Section 4037 when the
30pharmacy ships, mails, or delivers any controlled substances,
31dangerous drugs, or dangerous devices to
residents of this state.
32The board shall not adopt any regulations that require face-to-face
33consultation for a prescription that is shipped, mailed, or delivered
34to the patient. The regulations adopted pursuant to this subdivision
35shall not result in any unnecessary delay in patients receiving their
36medication.
37(j) The registration fee shall be the fee specified in subdivision
38(a) of Section 4400.
39(k) The registration requirements of this section shall apply only
40to 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(l) Nothing in this section shall be construed to authorize the
4dispensing of contact lenses by nonresident pharmacists except as
5provided by Section 4124.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.
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