Senate BillNo. 445


Introduced by Senator Price

February 21, 2013


An act to amend Section 4121 of the Business and Professions Code, relating to pharmacy.

LEGISLATIVE COUNSEL’S DIGEST

SB 445, as introduced, Price. Pharmacies: advertising: controlled substances.

The Pharmacy Law provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. A knowing violation of the law is a crime. Existing law provides that an advertisement of the retail price for a drug that requires a prescription shall be limited to quantities of the drug that are consistent with good medical practice and shall include the strength, dosage form, and the exact dates during which the advertised price will be in effect, except as specified.

This bill would prohibit advertisements by pharmacies that specifically promote the sale or dispensing of any controlled substances, as defined.

Because a knowing violation of this provision would be a crime, this 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:

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SECTION 1.  

Section 4121 of the Business and Professions
2Code
is amended to read:

3

4121.  

(a) begin insert(1)end insertbegin insertend insertNotwithstanding Section 651, an advertisement
4of the retail price for a drug that requires a prescription shall be
5limited to quantities of the drug that are consistent with good
6medical practice and shall include the strength, dosage form, and
7the exact dates during which the advertised price will be in effect.

begin delete

8(b)

end delete

9begin insert(2)end insert Thisbegin delete sectionend deletebegin insert subdivisionend insert shall not apply to a pharmacy that
10is located in a licensed hospital and that is accessible only to
11hospital medical staff and personnel.

begin insert

12(b) Under no circumstances may an advertisement specifically
13promote the sale or dispensing of any controlled substances.

end insert
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SEC. 2.  

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.



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