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 to specifically recommend or replace 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 recommendationbegin insert or replacementend insert 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 4073.5 is added to the Business and
2Professions Code, to read:
(a) A pharmacist or pharmacy employer shall not
4receive any payment or other compensation, in the form of money
5or otherwise, to specifically recommend or replace a patient’s
6originally prescribed drug product with a drug product that does
7not have the same active ingredient as the originally prescribed
8drug
product, unless the recommendationbegin insert or replacementend insert is the
9result of, and the payment is included in the reimbursement for,
10the pharmacist performing a comprehensive medication review,
11which includes a consultation with the patient.
12(b) Nothing in this section shall be construed to prohibit
13contracts that contain incentive plans that involve general payments
14for consultation services that are not directly tied to payments for
15recommending or replacing a specific drug product.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.
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