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. Existing law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription 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. This requirement applies when the board determines that the drug is a drug or drug type for which this warning shall be given. A violation of the Pharmacy Law is a crime.
This bill wouldbegin insert additionallyend insert requirebegin delete theend deletebegin insert,
on and after July 1, 2014, aend insert pharmacistbegin delete, if he or she is required to provide the oral or written notice described above,end delete 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 if the pharmacist, in exercising his or her professional judgment, determines that the drug may impair a person’s ability to operate a vehicle or vesselend insert, as specified. 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) A 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(1) The drug poses substantial risk to the person consuming the
7drug when taken in combination with alcohol or the drug may
8impair a person’s ability to drive a motor vehicle, whichever is
9applicable.
10(2) The drug is determined by the board pursuant to subdivision
11(c) to be a drug or drug type for which this warning shall be given.
12(b) begin deleteIf paragraphs (1) and (2) of subdivision (a) both apply, the begin insertIn
addition to the requirement described in subdivision
13pharmacist end delete
14(a), on and after July 1, 2014, if a pharmacist exercising his or
15her professional judgment determines that a drug may impair a
16person’s ability to operate a vehicle or vessel, the pharmacist end insertshall
17include a written label on the drug container indicating that the
18drug may impair a person’s ability to operate a vehicle or vessel.
19The label required by this subdivision may be printed on an
20auxiliary label that is affixed to the prescription container.
21(c) The board may by regulation require additional information
22or labeling.
23(d) This section shall not apply to a drug furnished to a patient
24in conjunction with treatment or emergency services provided in
25a health facility or, except as provided in subdivision (e), to a drug
26
furnished to a patient pursuant to subdivision (a) of Section 4056.
27(e) A health facility shall establish and implement a written
28policy to ensure that each patient shall receive information
P3 1regarding each drug given at the time of discharge and each drug
2given pursuant to subdivision (a) of Section 4056. This information
3shall include the use and storage of each drug, the precautions and
4relevant warnings, and the importance of compliance with
5directions. This information shall be given by a pharmacist or
6registered nurse, unless already provided by a patient’s prescriber,
7
and the written policy shall be developed in collaboration with a
8physician, a pharmacist, and a registered nurse. The written policy
9shall be approved by the medical staff. Nothing in this subdivision
10or any other law shall be construed to require that only a pharmacist
11provide this consultation.
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.
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