AB 1136, as amended, 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 wouldbegin delete delete the requirement that the disclosure of harmful effects be performed orally or in writing. The bill would, in addition to that disclosure,end delete require the pharmacist to include a written label on the drug container indicatingbegin delete the substantial risk to the person consuming the drugend deletebegin insert
that the drug may impair a person’s ability to operate a vehicle or vesselend insert. 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 4074 of the Business and Professions
2Code is amended to read:
(a) (1) A pharmacist shall inform a patientbegin insert orally or in
4writingend insert of the harmful effects of a drug dispensed by prescription
5if both of the following apply:
6(A) The drug poses substantial risk to the person consuming
7the drug when taken in combination with alcohol or the drug may
8impair a person’s ability to drive a motor vehicle, whichever is
9applicable.
10(B) The drug is determined by the board pursuant to subdivision
11(b) to be a drug or drug type for which this warning shall be
given.
12(2) The pharmacist shall include a written label on the drug
13container indicatingbegin delete the substantial risk to the person consuming begin insert that the drug may impairend insert a
14the drug, including the impairment ofend delete
15person’s ability tobegin delete driveend deletebegin insert operateend insert a vehiclebegin insert or vesselend insert.
16(b) The board may by regulation require additional information
17or labeling.
18(c) This section shall not apply to a drug furnished to a patient
19in conjunction with treatment or emergency services provided in
20a health facility or, except as provided in subdivision (d), to a drug
21furnished to a patient pursuant to subdivision (a) of Section 4056.
22(d) A health facility shall establish and implement a written
23policy to ensure that each patient shall receive information
24regarding each drug given at the time of discharge and each drug
25given pursuant to subdivision (a) of Section 4056. This information
26shall include the use and storage of each drug, the precautions and
27relevant warnings, and the importance of compliance with
28directions. This information shall be given by a pharmacist or
29registered nurse, unless already provided by a patient’s prescriber,
30
and the written policy shall be developed in collaboration with a
31physician, a pharmacist, and a registered nurse. The written policy
32shall be approved by the medical staff. Nothing in this subdivision
P3 1or any other law shall be construed to require that only a pharmacist
2provide this consultation.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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