Amended in Assembly August 5, 2013

Senate BillNo. 445


Introduced by Senatorbegin delete Priceend deletebegin insert Hillend insert

February 21, 2013


An act tobegin delete amend Section 4121 of the Business and Professions Code, relating to pharmacy.end deletebegin insert add Section 15820.908 to the Government Code, relating to prisons.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 445, as amended, begin deletePriceend delete begin insertHillend insert. begin deletePharmacies: advertising: controlled substances. end deletebegin insertRevenue bond financing of prison construction.end insert

begin insert

Existing law authorizes the Department of Corrections and Rehabilitation, participating counties, and the State Public Works Board (SPWB) to acquire, design, and construct local jail facilities approved by the Board of State and Community Corrections. Existing law authorizes the SPWB to issue revenue bonds, notes, or bond anticipation notes in specified amounts to finance the acquisition, design, or construction, and a reasonable construction reserve, of approved local jail facilities, as specified.

end insert
begin insert

This bill would require funds allocated to a county for the construction of local jail facilities that are relinquished by the county to which they were allocated to be reallocated to a county that received a conditional award but never received funds, as specified. The bill would authorize the State Public Works Board to approve a project after commencement of working drawings or construction phase activities and would authorize reimbursement of expenses incurred after the board approves the project.

end insert
begin delete

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.

end delete
begin delete

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

end delete
begin delete

Because a knowing violation of this provision would be a crime, this bill would impose a state-mandated local program.

end delete
begin delete

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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 15820.908 is added to the end insertbegin insertGovernment
2Code immediately after Section 15820.907
end insert
begin insert, to read:end insert

begin insert
3

begin insert15820.908.end insert  

(a) Funds allocated to a county pursuant to this
4chapter that are relinquished by the county to which they were
5allocated shall be reallocated to a county that received a
6conditional award under this chapter but never received funds.

7(b) In allocating funds pursuant to this section, preference shall
8be given to the county or counties based on readiness to proceed
9with construction on the project.

10(c) A county receiving funds pursuant to this section is not
11required to assist the state in siting reentry beds pursuant to
12subdivision (b) of Section 15820.907.

13(d) Notwithstanding Section 13332.11 and 13332.19, the State
14Public Works Board may approve a project to be funded pursuant
15to this section after commencement of working drawings or
16construction phase activities. Funds may be allocated to reimburse
17expenses that are incurred after the board approves the project
18pursuant to this subdivision.

end insert
begin delete19

SECTION 1.  

Section 4121 of the Business and Professions
20Code
is amended to read:

P3    1

4121.  

(a) (1) Notwithstanding Section 651, an advertisement
2of the retail price for a drug that requires a prescription shall be
3limited to quantities of the drug that are consistent with good
4medical practice and shall include the strength, dosage form, and
5the exact dates during which the advertised price will be in effect.

6(2) This subdivision shall not apply to a pharmacy that is located
7in a licensed hospital and that is accessible only to hospital medical
8staff and personnel.

9(b) Under no circumstances may an advertisement specifically
10promote the sale or dispensing of any controlled substances.

end delete
begin delete
11

SEC. 2.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.

end delete


O

    98