Amended in Senate August 19, 2013

Amended in Senate August 12, 2013

Amended in Assembly April 11, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 467

Introduced by Assembly Member Stone

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(Principal coauthor: Senator Hill)

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February 19, 2013

begin delete An act to amend Section 14581 of the Food and Agricultural Code, relating to the Fertilizer Inspection Advisory Board. end delete begin insert An act to amend Section 150201 of, and to add Section 150208 to, the Health and Safety Code, relating to pharmaceuticals, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 467, as amended, Stone. begin delete Fertilizer Inspection Advisory Board. end delete begin insert Prescription drugs: collection and distribution program. end insert

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Existing law authorizes a county to establish, by ordinance, a repository and distribution program under which specified pharmacies and primary care clinics may distribute surplus unused medications, as defined, to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. Existing law authorizes specified health and care facilities, pharmacies, drug manufacturers, and pharmacy wholesalers to donate unused medications to the program. Existing law requires a county that has established a program to establish procedures to, among other things, ensure proper safety and management of any medications collected and maintained by a participating entity.

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This bill would provide that activities relating to the donation or distribution of medications under the program are not wholesaling activities, and any person, as defined, that is not otherwise a wholesaler shall not be deemed a wholesaler or required to be licensed as a wholesaler when performing those activities.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law governs the manufacture and distribution of fertilizing materials, as defined, including licensing, labeling, and inspection, and requires the Secretary of Food and Agriculture to enforce these provisions. Existing law establishes, within the Department of Food and Agriculture, the Fertilizer Inspection Advisory Board to advise the secretary and make recommendations on all matters pertaining to these provisions, as specified. The board consists of 9 persons appointed by the secretary, 8 of whom are required to be licensed pursuant to these provisions and subject to the payment of a specified inspection fee, and one of whom is required to be a public member.

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This bill would revise the composition of the board to require only 3 members of the board to be licensed pursuant to these provisions and subject to the payment of the inspection fee. The bill would require the board to be composed of 3 farmers or farmer representatives, at least one of whom is an organic farmer or the representative of an organic farming program, one member who represents the academic community, one member who is an environmental expert with knowledge relevant to the board’s function, and one public member who represents a community whose primary source of drinking water exceeds the maximum contaminant level for nitrate.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 150201 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

150201.  

For purposes of this division:

(a) “Eligible entity” means all of the following:

(1) A licensed pharmacy, as defined in subdivision (a) of Section
4037 of the Business and Professions Code, that is county owned
or that contracts with the county pursuant to this division and is
not on probation with the California State Board of Pharmacy.

(2) A licensed pharmacy, as defined in subdivision (a) of Section
4037 of the Business and Professions Code, that is owned and
operated by a primary care clinic, as defined in Section 1204, that
is licensed by the State Department of Public Health and is not on
probation with the California State Board of Pharmacy.

(3) A primary care clinic, as defined in Section 1204, that is
licensed by the State Department of Public Health and licensed to
administer and dispense drugs pursuant to subparagraph (A) of
paragraph (1) of subdivision (a) of Section 4180 of the Business
and Professions Code and is not on probation with the California
State Board of Pharmacy.

(b) “Medication” or “medications” means a dangerous drug, as
defined in Section 4022 of the Business and Professions Code.

(c) “Participating entity” means an eligible entity that has
received written or electronic documentation from the county
health department pursuant to paragraph (3) of subdivision (a) of
Section 150204 and that operates a repository and distribution
program pursuant to this division.

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(d) “Person” includes a firm, association, partnership,
corporation, limited liability company, state governmental agency,
or political subdivision.

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begin insert SEC. 2. end insert   

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begin insert Section 150208 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

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begin insert 150208. end insert   

Activities relating to the donation or distribution of
medications, including, but not limited to, facilitating or
negotiating the donation or distribution of medications, pursuant
to this division shall not be deemed wholesaling activities. Any
person that is not otherwise a wholesaler, as defined in Section
4043 of the Business and Professions Code, shall not be deemed
a wholesaler or required to be licensed as a wholesaler under the
Pharmacy Law (Chapter 9 (commencing with Section 4000) of
Division 2 of the Business and Professions Code) when performing
those activities pursuant to this division.

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begin insert SEC. 3. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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To ensure that California’s medication donation program is
allowed to continue to operate to facilitate the distribution of
medications to the indigent population which would not otherwise
have access to these medications, it is necessary that this act take
effect immediately.

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SECTION 1.  

Section 14581 of the Food and Agricultural Code
is amended to read:

14581.  

(a) There is, in the department, a Fertilizer Inspection
Advisory Board consisting of nine persons appointed by the
secretary, which shall be composed of the following individuals:

(1) Three members who are licensed under this chapter and
subject to payment of the inspection fee.

(2) Three members who are farmers or farmer representatives,
at least one of whom is an organic farmer or a representative of
an organic farming program.

(3) One member who represents the academic community.

(4) One member who is an environmental expert with knowledge
relevant to the board’s function.

(5) One member of the public who represents a community
whose primary source of drinking water exceeds the maximum
contaminant level for nitrate.

(b) The members of the board shall receive no compensation,
but are entitled to payment of necessary traveling expenses in
accordance with the rules of the Department of Human Resources.
These expenses shall be paid out of appropriations made to the
department pursuant to this chapter.

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