BILL NUMBER: AB 467 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN ASSEMBLY APRIL 11, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Stone
( Principal coauthor: Senator
Hill )
FEBRUARY 19, 2013
An act to amend Section 14581 of the Food and
Agricultural Code, relating to the Fertilizer Inspection Advisory
Board. 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 467, as amended, Stone. Fertilizer Inspection Advisory
Board. Prescription drugs: collection and
distribution program.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
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.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes no .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 150201 of the Health
and Safety Code is amended to read:
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.
(d) "Person" includes a firm, association, partnership,
corporation, limited liability company, state governmental agency, or
political subdivision.
SEC. 2. Section 150208 is added to the
Health and Safety Code , to read:
150208. 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.
SEC. 3. 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:
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.
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.