BILL NUMBER: SB 445	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013

INTRODUCED BY   Senator  Price   Hill 

                        FEBRUARY 21, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 445, as amended,  Price   Hill  .
 Pharmacies: advertising: controlled substances. 
 Revenue bond financing of prison construction.  
   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.  
   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. 

   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   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 15820.908 is added to the 
 Government Code immediately after Section 15820.907  
, to read:  
   15820.908.  (a) Funds allocated to a county pursuant to this
chapter that are relinquished by the county to which they were
allocated shall be reallocated to a county that received a
conditional award under this chapter but never received funds.
   (b) In allocating funds pursuant to this section, preference shall
be given to the county or counties based on readiness to proceed
with construction on the project.
   (c) A county receiving funds pursuant to this section is not
required to assist the state in siting reentry beds pursuant to
subdivision (b) of Section 15820.907.
   (d) Notwithstanding Section 13332.11 and 13332.19, the State
Public Works Board may approve a project to be funded pursuant to
this section after commencement of working drawings or construction
phase activities. Funds may be allocated to reimburse expenses that
are incurred after the board approves the project pursuant to this
subdivision.  
  SECTION 1.    Section 4121 of the Business and
Professions Code is amended to read:
   4121.  (a) (1) Notwithstanding Section 651, 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.
   (2) This subdivision shall not apply to a pharmacy that is located
in a licensed hospital and that is accessible only to hospital
medical staff and personnel.
   (b) Under no circumstances may an advertisement specifically
promote the sale or dispensing of any controlled substances.
 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.