AB 670,
as amended, Atkins. begin deleteHealing arts: reproduction of board records. end deletebegin insertPharmacy Law: incentive payments.end insert
The Pharmacy Law governs the practice of pharmacy in this state, including the permissible duties of licensed pharmacists. Among other permitted acts, a pharmacist filling a prescription order for a drug product prescribed by its trade or brand name may select another drug product with the same active chemical ingredients of the same strength, quantity, and dosage form, and of the same generic drug name as determined, as specified, of those drug products having the same active chemical ingredients. A person who violates the Pharmacy Law is guilty of a crime, as specified.
end insertbegin insertThis bill would prohibit a pharmacist or pharmacy employer from receiving any payment or other compensation, in the form of money or otherwise, that is used as an inducement to specifically recommend or replace an originally prescribed drug product with a drug product that does not have the same active ingredient as the originally prescribed drug product. By creating a new crime, the bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law establishes the Medical Board of California, the Dental Board of California, and the California State Board of Pharmacy to regulate the practice of medicine, dentistry, and pharmacy, respectively, including licensing professionals in those fields. Existing law provides that whenever the register or book of registration of one of those entities is destroyed by fire or other public calamity, the board, whose duty it is to keep the register or book, may reproduce it so that there may be shown as nearly as possible the record existing in the original at the time of destruction.
end deleteThis bill would provide that acceptable forms for the reproduction include the portable document format (PDF) or other secure electronic format. The bill would also make technical, nonsubstantive changes.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 4073.5 is added to the end insertbegin insertBusiness and
2Professions Codeend insertbegin insert, to read:end insert
(a) A pharmacist or pharmacy employer shall not
4receive any payment or other compensation, in the form of money
5or otherwise, that is used as an inducement to specifically
6recommend or replace an originally prescribed drug product with
7a drug product that does not have the same active ingredient as
8the originally prescribed drug product.
9(b) Nothing in this section shall be construed to prohibit
10contracts that contain incentive plans that involve general
11payments for consultation services that are not directly tied to
12payments for recommending or replacing a specific drug product.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
P3 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
Section 500 of the Business and Professions Code
4 is amended to read:
Whenever the register or book of registration of the
6Medical Board of California, the Dental Board of California, or
7the California State Board of Pharmacy is destroyed by fire or
8other public calamity, the board, whose duty it is to keep the
9register or book, may reproduce it so that there may be shown as
10nearly as possible the record existing in the original at the time of
11destruction.
Acceptable forms for the reproduction include the
12portable document format (PDF) or other secure electronic format.
O
98