BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 204 (Corbett) - Prescription drugs: labeling.
          
          Amended: April 24, 2013         Policy Vote: B&P 7-2
          Urgency: No                     Mandate: Yes
          Hearing Date: May 6, 2013       Consultant: Brendan McCarthy
          
          This bill does not meet the criteria for referral to the  
          Suspense File.
          
          
          Bill Summary: SB 204 would require pharmacists to use specific  
          translations developed by the Board of Pharmacy, when providing  
          translated directions for the use of prescription drugs. For  
          translations into other languages not provided by the Board of  
          Pharmacy, pharmacists would be required to use certified  
          translation services.

          Fiscal Impact: Potential one-time costs of about $75,000 to  
          adopt regulations by the Board of Pharmacy (Pharmacy Board  
          Contingent Fund). See below.

          Background: Under current law and regulation, pharmacists are  
          required to follow certain standards when labeling prescription  
          medications. Information required to be on the label includes  
          the drug name, dosage, directions, the prescriber, the  
          dispensing pharmacy, and other information. As part of the  
          development of the regulations for prescription drug labels, the  
          Board of Pharmacy adopted a set of standard directions for  
          patients. The Board also worked with an outside foundation to  
          develop standard translations of those directions into five  
          languages.

          Current practice for pharmacies that have non-English speaking  
          patients varies. Some pharmacies use bilingual staff to  
          communicate with patients while others make use of commercial,  
          phone-based translation services to provide directions to  
          patients and answer questions.

          Proposed Law: SB 204 would require pharmacists to use specific  
          translations developed by the Board of Pharmacy, when providing  
          translated directions for the use of prescription drugs. 









          SB 204 (Corbett)
          Page 1


          For translations into other languages not provided by the Board  
          of Pharmacy, pharmacists would be required to use certified  
          translation services.

          The bill would become operative on January 1, 2016.

          Related Legislation: SB 205 (Corbett) would require information  
          on a prescription drug label to be in at least 12-point font.  
          That bill will be heard in this committee.

          Staff Comments: As part of the current regulations on the  
          labeling of prescription drugs, the Board of Pharmacy adopted  
          certain standard directions for use. The Board also worked with  
          a foundation to have those directions translated into Spanish,  
          Chinese, Vietnamese, Korean and Russian and posted those  
          translations on its website. The regulation does not require  
          pharmacies to use those translations.

          The Board indicates that it will not have to change the existing  
          regulations on labeling if this bill were enacted. 

          The bill requires pharmacists to use certified translation  
          services when translating directions into other languages.  
          Because the bill does not define what constitutes a certified  
          translation service, the Board may have to adopt a new  
          regulation providing clarity to pharmacies on what constitutes a  
          certified translation service.
          
          The only mandated costs imposed on local agencies from the bill  
          relate to crimes and infractions, which are not reimbursable  
          under the California Constitution.