BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        SB 445|
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                                    THIRD READING


          Bill No:  SB 445
          Author:   Price (D)
          Amended:  As introduced
          Vote:     21


           SENATE BUSINESS, PROF. & ECON. DEV. COMM.  :  9-1, 4/15/13
          AYES:  Price, Block, Corbett, Galgiani, Hernandez, Hill,  
            Padilla, Wyland, Yee
          NOES:  Emmerson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Pharmacies:  advertising:  controlled substances

           SOURCE  :     Author


           DIGEST  :    This bill prohibits pharmacies from advertising the  
          sale or dispensing of controlled substances.

           ANALYSIS  :    

          Existing law:

          1.Provides for the licensure and regulation of pharmacies,  
            pharmacists and wholesalers of dangerous drugs or devices by  
            the Board of Pharmacy within the Department of Consumer  
            Affairs.

          2.Specifies certain requirements regarding the dispensing and  
            furnishing of dangerous drugs and devices, and prohibits a  
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            person from furnishing any dangerous drug or device except  
            upon the prescription of a physician, dentist, podiatrist,  
            optometrist, veterinarian or naturopathic doctor.

          3.Requires advertisements for prescription drugs to be limited  
            to quantities consistent with good medical practice and  
            include the strength, dosage form and effective dates of the  
            advertised price.

          4.Clarifies that the provisions do not apply to a hospital  
            pharmacy that is only accessible to hospital medical staff and  
            personnel.

          This bill prohibits pharmacies from advertising the sale or  
          dispensing of any controlled substances.

           Background
           
          National data shows that since 2006, pharmacy robberies have  
          increased 82%.  Pharmacies have become targets, often  
          jeopardizing the safety of pharmacy staff and patrons, for  
          individuals seeking drugs for either personal use or for sale on  
          the streets (single pills can be worth up to $80 on the black  
          market).

          These types of robberies have occurred in California as recently  
          as this year.  In January, there were three separate pharmacy  
          robberies - two in South San Francisco and one in Amador County.  
           In Fall 2010, a pharmacy robbery in Sacramento County resulted  
          in the death of a pharmacy worker.

           Note: For detailed information relating to the five Schedules  
                of controlled substances, prescription drug  
                abuse/deaths/monitoring, and the Controlled Substances  
                Utilization Review and Evaluation System, refer to the  
                Senate Business, Professions and Economic Development  
                Committee's analysis.

           Comments
           
          According to the author's office, there are currently no  
          prohibitions on the advertisement of controlled substances and  
          this bill will play an important part in limiting drug seeking  
          behavior at pharmacies by prohibiting the advertisement of  

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          controlled substances.  The author's office is concerned about  
          rising numbers of prescription drug abuse in California and  
          throughout the nation.  The author's office is also concerned  
          that concurrent with increased rates of prescription drug abuse  
          there are increased instances of crime, particularly robberies  
          at pharmacies, which are targeted for their inventories of  
          prescription painkillers, anti-anxiety drugs and other  
          controlled medications.



           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes



          MW:ej  5/1/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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