BILL NUMBER: AB 788	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 25, 2015

   An act to amend Section 4070 of the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 4070 of the Business and Professions Code is
amended to read:
   4070.  (a) Except as provided in Section 4019 and subdivision (b),
an oral or an electronic data transmission prescription as defined
in subdivision (c) of Section 4040 shall  ,  as soon as
practicable  ,  be reduced to writing by the pharmacist and
shall be filled by, or under the direction of, the pharmacist. The
pharmacist  does not  need  not   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.
   (b) A pharmacy receiving an electronic transmission prescription
shall not be required to reduce that prescription to writing or to
hard copy form if, for three years from the last date of furnishing
pursuant to that prescription or order, the pharmacy is able, upon
request by the board, to immediately produce a hard copy report that
includes for each date of dispensing of a dangerous drug or dangerous
device pursuant to that prescription or order: (1) all of the
information described in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (a) of Section 4040, and (2) the name or
identifier of the pharmacist who dispensed the dangerous drug or
dangerous device. This subdivision shall not apply to prescriptions
for controlled substances classified in Schedule II, III, IV, or V,
except as permitted pursuant to Section 11164.5 of the Health and
Safety Code.
   (c) If only recorded and stored electronically, on magnetic media,
or in any other computerized form, the pharmacy's computer system
shall not permit the received information or the dangerous drug or
dangerous device dispensing information required by this section to
be changed, obliterated, destroyed, or disposed of, for the record
maintenance period required by law once the information has been
received by the pharmacy and once the dangerous drug or dangerous
device has been dispensed. Once a dangerous drug or dangerous device
has been dispensed, if the previously created record is determined to
be incorrect, a correcting addition may be made only by or with the
approval of a pharmacist. After a pharmacist enters the change or
enters his or her approval of the change into the computer, the
resulting record shall include the correcting addition and the date
it was made to the record, the identity of the person or pharmacist
making the correction, and the identity of the pharmacist approving
the correction.
   (d) Nothing in this section shall impair the requirement to have
an electronically transmitted prescription transmitted only to the
pharmacy of the patient's choice or to have a written prescription.
This requirement shall not apply to orders for medications to be
administered in an acute care hospital.