BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SB 1039 (Hernandez) - Pharmacies: furnishing drugs.
Amended: May 5, 2014 Policy Vote: B&P 9-0, Health 7-0
Urgency: No Mandate: Yes
Hearing Date: May 19, 2014 Consultant: Brendan McCarthy
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 1039 would authorize an advance practice
pharmacist to prescribe controlled substances. The bill would
expand the tasks that a pharmacy technician may perform under
the supervision of a pharmacist.
Fiscal Impact:
One-time costs of $80,000 to develop and adopt regulations
by the Board of Pharmacy (Pharmacy Board Contingent Fund).
Ongoing enforcement costs of $126,000 in 2015-16 and
$83,000 per year thereafter to perform inspections and
oversee enforcement actions by the Board of Pharmacy
(Pharmacy Board Contingent Fund).
Background: Under current law, pharmacists are licensed and
regulated by the Board of Pharmacy. Current law authorizes
pharmacists to perform certain health care functions, such as
dispensing medications upon the prescription of a physician and
administering immunizations pursuant to a protocol with a
prescriber (such as a physician). In addition, pharmacists may
take certain actions, under protocols authorized by a physician,
such as ordering tests and administering drugs.
SB 493 (Hernandez, Statutes of 2013) expanded the scope of
practice for pharmacists, authorizing them to perform additional
patient care duties. In addition, SB 493 authorized the Board of
Pharmacy to license advanced practice pharmacists, who are
authorized to provide additional services beyond those a
licensed pharmacist may perform. For example, an advanced
practice pharmacist may perform patient assessments and may
write or issue a prescription under certain circumstances.
SB 1039 (Hernandez)
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Under current law, pharmacy technicians are licensed by the
Board of Pharmacy and are authorized to perform certain, limited
tasks under the supervision of a pharmacist.
Proposed Law: SB 1039 would also authorize an advance practice
pharmacist to prescribe controlled substances. The bill would
also expand the tasks that a pharmacy technician may perform
under the supervision of a pharmacist.
Specific provisions of the bill would:
Add advance practice pharmacists to the list of health care
providers who are authorized to prescribe controlled
substances;
Authorize pharmacy technicians to package and seal
emergency supplies for hospitals;
Authorize a pharmacy to furnish a dangerous drug or device
to the emergency medical services system of a licensed
hospital for storage and authorize a pharmacy technician or
intern pharmacist may stock and inspect a hospital's
emergency pharmaceutical supplies container;
Authorize a pharmacy to furnish a dangerous drug or device
to a hospital pursuant to preprinted or electronic standing
orders, under specified conditions;
Require periodic inspection of drugs maintained in a
hospital.
Staff Comments: The only costs that may be incurred by a local
agency relate to crimes and infractions. Such costs are not
reimbursable by the state under the California Constitution.