California Legislature—2013–14 Regular Session

Assembly Bill No. 1136

Introduced by Assembly Member Levine

February 22, 2013

An act to amend Section 4074 of the Business and Professions Code, relating to pharmacy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1136, as introduced, Levine. Pharmacists: drug disclosures.

The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Under existing law, in certain instances, if a prescription drug poses a substantial risk to the person consuming the drug when taken in combination with alcohol or if the drug may impair a person’s ability to drive a motor vehicle, a pharmacist is required to inform the patient orally or in writing of those harmful effects when the drug is dispensed. A violation of the Pharmacy Law is a crime.

This bill would delete the requirement that the disclosure of harmful effects be performed orally or in writing. The bill would, in addition to that disclosure, require the pharmacist to include a written label on the drug container indicating the substantial risk to the person consuming the drug. Because a violation of this requirement would be a 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 4074 of the Business and Professions
Code is amended to read:

4074.  

(a)  begin insert (1) end insert begin insert   end insert A pharmacist shall inform a patient begin delete orally or in
writing end delete of the harmful effects of a drug dispensed by prescription
if begin delete the end delete begin insert both of the following apply: end insert

begin insert (A) end insert begin insert   end insert begin insert The end insert drug poses substantial risk to the person consuming the
drug when taken in combination with alcohol or begin delete if end delete the drug may
impair a person’s ability to drive a motor vehicle, whichever is
applicable begin delete , and provided the end delete begin insert . end insert

begin insert (B) end insert begin insert   end insert begin insert The end insert drug is determined by the board pursuant to subdivision
(b) to be a drug or drug type for which this warning shall be given.

begin insert

(2) The pharmacist shall include a written label on the drug
container indicating the substantial risk to the person consuming
the drug, including the impairment of a person’s ability to drive
a vehicle.

end insert

(b) The board may by regulation require additional information
or labeling.

(c) This section shall not apply to begin delete drugs end delete begin insert a drug end insert furnished to
begin delete patients end delete begin insert a patient end insert in conjunction with treatment or emergency
services provided in begin insert a end insert health begin delete facilities end delete begin insert facility end insert or, except as
provided in subdivision (d), to begin delete drugs end delete begin insert a drug end insert furnished to begin delete patients end delete
begin insert a patient end insert pursuant to subdivision (a) of Section 4056.

(d) A health facility shall establish and implement a written
policy to ensure that each patient shall receive information
regarding each begin delete medication end delete begin insert drug end insert given at the time of discharge and
each begin delete medication end delete begin insert drug end insert given pursuant to subdivision (a) of Section
4056. This information shall include the use and storage of each
begin delete medication end delete begin insert drug end insert , the precautions and relevant warnings, and the
importance of compliance with directions. This information shall
be given by a pharmacist or registered nurse, unless already
provided by a patient’s prescriber, and the written policy shall be
developed in collaboration with a physician, a pharmacist, and a
registered nurse. The written policy shall be approved by the
medical staff. Nothing in this subdivision or any other begin delete provision
of end delete law shall be construed to require that only a pharmacist provide
this consultation.

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.