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.begin delete Under existing law, in certain instances,end deletebegin insert Existing law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescriptionend insert 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 vehiclebegin delete, a pharmacist is required to inform the patient orally or in writing of those harmful effects when the drug is dispensedend deletebegin insert.
This requirement applies when the board determines that the drug isend insertbegin insert a drug or drug type for which this warning shall be givenend insert. A violation of the Pharmacy Law is a crime.
This bill would require the pharmacistbegin insert, if he or she is required to provide the oral or written notice described above,end insert to include a written label on the drug container indicating that the drug may impair a person’s ability to operate a vehicle or vesselbegin insert, as specifiedend 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) begin delete(1)end deletebegin delete end deleteA pharmacist shall inform a patient orally or in
4writing of the harmful effects of a drug dispensed by prescription
5if both of the following apply:
6(A)
end delete
7begin insert(1)end insert The drug poses substantial risk to the person consuming the
8drug when taken in
combination with alcohol or the drug may
9impair a person’s ability to drive a motor vehicle, whichever is
10applicable.
11(B)
end delete
12begin insert(2)end insert The drug is determined by the board pursuant to subdivision
13begin delete (b)end deletebegin insert (c)end insert to be a drug or drug type for which this warning shall be
14given.
15(2) The
end delete
16begin insert(b)end insertbegin insert end insertbegin insertIf paragraphs (1) and (2) of subdivision (a) both apply, theend insert
17 pharmacist shall include a written label on the drug container
18indicating that the drug may impair a person’s ability to operate a
19vehicle or vessel.begin insert The label required by this subdivision may be
20printed on an auxiliary label that is affixed to the prescription
21container.end insert
22(b)
end delete
23begin insert(c)end insert The board may by
regulation require additional information
24or labeling.
25(c)
end delete
26begin insert(d)end insert This section shall not apply to a drug furnished to a patient
27in conjunction with treatment or emergency services provided in
28a health facility or, except as provided in subdivisionbegin delete (d)end deletebegin insert (e)end insert, to a
P3 1drug furnished to a patient pursuant to subdivision (a) of Section
24056.
3(d)
end delete
4begin insert(e)end insert A health facility shall establish and implement a written
5policy to ensure that each patient shall receive information
6regarding each drug given at the time of discharge and each drug
7given pursuant to subdivision (a) of Section 4056. This information
8shall include the use and storage of each drug, the precautions and
9relevant warnings, and the importance of compliance with
10directions. This information shall be given by a pharmacist or
11registered nurse, unless already provided by a patient’s prescriber,
12
and the written policy shall be developed in collaboration with a
13physician, a pharmacist, and a registered nurse. The written policy
14shall be approved by the medical staff. Nothing in this subdivision
15or any other law shall be construed to require that only a pharmacist
16provide this consultation.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.
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