BILL NUMBER: AB 1136	INTRODUCED
	BILL TEXT


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)  (1)    A pharmacist shall inform a
patient  orally or in writing  of the harmful
effects of a drug dispensed by prescription if  the 
 both of the following apply: 
    (A)     The  drug poses 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, whichever is applicable  ,
and provided the   . 
    (B)     The  drug is determined by the
board pursuant to subdivision (b) to be a drug or drug type for
which this warning shall be given. 
   (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. 
   (b) The board may by regulation require additional information or
labeling.
   (c) This section shall not apply to  drugs  
a drug  furnished to  patients   a patient
 in conjunction with treatment or emergency services provided in
 a  health  facilities   facility
 or, except as provided in subdivision (d), to  drugs
  a drug  furnished to  patients
 a patient  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  medication   drug  given at
the time of discharge and each  medication  
drug  given pursuant to subdivision (a) of Section 4056. This
information shall include the use and storage of each 
medication   drug  , 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  provision of  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.