AB 788, as introduced, Chu. Pharmacy.
Existing law, the Pharmacy Law, requires an oral or an electronic data transmission prescription to be reduced to writing by the pharmacist and to be filled by, or under the direction of, the pharmacist. Under existing law, the pharmacist does not need to reduce to writing the address, telephone number, license classification, federal registry number of the prescriber or the address of the patient or patients if the information is readily retrievable in the pharmacy.
This bill would make nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4070 of the Business and Professions
2Code is amended to read:
(a) Except as provided in Section 4019 and subdivision
4(b), an oral or an electronic data transmission prescription as
5defined in subdivision (c) of Section 4040 shallbegin insert,end insert as soon as
6practicablebegin insert,end insert be reduced to writing by the pharmacist and shall be
7filled by, or under the direction of, the pharmacist. The pharmacist
P2 1begin insertdoes not end insertneedbegin delete notend deletebegin insert
toend insert
reduce to writing the address, telephone
2number, license classification, federal registry number of the
3prescriber or the address of the patient or patients if the information
4is readily retrievable in the pharmacy.
5(b) A pharmacy receiving an electronic transmission prescription
6shall not be required to reduce that prescription to writing or to
7hard copy form if, for three years from the last date of furnishing
8pursuant to that prescription or order, the pharmacy is able, upon
9request by the board, to immediately produce a hard copy report
10that includes for each date of dispensing of a dangerous drug or
11dangerous device pursuant to that prescription or order: (1) all of
12the information described in subparagraphs (A) to (E), inclusive,
13of paragraph (1) of subdivision (a) of Section 4040, and (2) the
14name or identifier of the pharmacist who dispensed the dangerous
15drug or dangerous device. This subdivision shall not apply to
16
prescriptions for controlled substances classified in Schedule II,
17III, IV, or V, except as permitted pursuant to Section 11164.5 of
18the Health and Safety Code.
19(c) If only recorded and stored electronically, on magnetic
20media, or in any other computerized form, the pharmacy’s
21computer system shall not permit the received information or the
22dangerous drug or dangerous device dispensing information
23required by this section to be changed, obliterated, destroyed, or
24disposed of, for the record maintenance period required by law
25once the information has been received by the pharmacy and once
26the dangerous drug or dangerous device has been dispensed. Once
27a dangerous drug or dangerous device has been dispensed, if the
28previously created record is determined to be incorrect, a correcting
29addition may be made only by or with the approval of a pharmacist.
30After a pharmacist enters the change or enters his or her approval
31of the change into the
computer, the resulting record shall include
32the correcting addition and the date it was made to the record, the
33identity of the person or pharmacist making the correction, and
34the identity of the pharmacist approving the correction.
35(d) Nothing in this section shall impair the requirement to have
36an electronically transmitted prescription transmitted only to the
37pharmacy of the patient’s choice or to have a written prescription.
P3 1This requirement shall not apply to orders for medications to be
2administered in an acute care hospital.
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