Amended in Assembly April 16, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 670

Introduced by Assembly Member Atkins

February 21, 2013

An act to add Section 4073.5 to the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 670, as amended, Atkins. Pharmacy Law: incentive payments.

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.

This bill would prohibit a pharmacist or pharmacy employer from receiving any payment or other compensation, in the form of money or begin delete otherwise, that is used as an inducement end delete begin insert otherwise end insert to specifically recommend or replace begin delete an end delete begin insert a patient’s end insert originally prescribed drug product with a drug product that does not have the same active ingredient as the originally prescribed drug product begin insert , unless the recommendation is the result of, and the payment is included in the reimbursement for, the pharmacist performing a comprehensive medication review, as specified end insert . By creating a new crime, 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 1.  

Section 4073.5 is added to the Business and
Professions Code, to read:

4073.5.  

(a) A pharmacist or pharmacy employer shall not
receive any payment or other compensation, in the form of money
or begin delete otherwise, that is used as an inducement to end delete begin insert otherwise, to end insert
specifically recommend or replace begin delete an end delete begin insert a patient’s end insert originally
prescribed drug product with a drug product that does not have
the same active ingredient as the originally prescribed drug begin delete product. end delete
begin insert product, unless the recommendation is the result of, and the
payment is included in the reimbursement for, the pharmacist
performing a comprehensive medication review, which includes
a consultation with the patient. end insert

(b) Nothing in this section shall be construed to prohibit
contracts that contain incentive plans that involve general payments
for consultation services that are not directly tied to payments for
recommending or replacing a specific drug product.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.