BILL NUMBER: AB 670	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

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
 otherwise, that is used as an inducement  
otherwise  to specifically recommend or replace  an
  a patient's  originally prescribed drug product
with a drug product that does not have the same active ingredient as
the originally prescribed drug product  , 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  . 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 
otherwise, that is used as an inducement to   otherwise,
to  specifically recommend or replace  an 
 a patient's  originally prescribed drug product with a drug
product that does not have the same active ingredient as the
originally prescribed drug  product.   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 i   ncludes a
consultation with the patient. 
   (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.