BILL NUMBER: AB 788 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chu
FEBRUARY 25, 2015
An act to amend Section 4070 of the Business and
Professions Code, relating to healing arts. An act to
amend Sections 4040 and 4076 of the Business and Professions Code,
relating to pharmacists.
LEGISLATIVE COUNSEL'S DIGEST
AB 788, as amended, Chu. Pharmacy.
Prescriptions.
Existing law, the Pharmacy Law, establishes the California State
Board of Pharmacy and sets forth its powers and duties, including,
but not limited to, the licensing and regulation of pharmacists.
Existing law makes a knowing violation of these provisions a crime.
Existing law requires every prescription, as defined, to include a
legible, clear notice of the condition or purpose for which the drug
is prescribed, if requested by the patient. Existing law prohibits a
pharmacist from dispensing any prescription unless it is in a
specified container that is correctly labeled to include, among other
information, the condition or purpose for which the drug was
prescribed, if the condition or purpose is indicated on the
prescription.
This bill would instead require that every prescription include a
legible, clear notice of the condition or purpose for which the drug
is prescribed, and would authorize the prescriber or patient to
request that this information not be included in the prescription
container label. This bill would, similarly, require that every
prescription container be correctly labeled to include that
information, unless omission of that information has been requested
by the prescriber or patient.
By establishing these additional requirements, the knowing
violation of which 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.
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
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4040 of the Business
and Professions Code is amended to read:
4040. (a) "Prescription" means an oral, written, or electronic
transmission order that is both of the following:
(1) Given individually for the person or persons for whom ordered
that includes all of the following:
(A) The name or names and address of the patient or patients.
(B) The name and quantity of the drug or device prescribed and the
directions for use.
(C) The date of issue.
(D) Either rubber stamped, typed, or printed by hand or typeset,
the name, address, and telephone number of the prescriber, his or her
license classification, and his or her federal registry number, if a
controlled substance is prescribed.
(E) A legible, clear notice of the condition or purpose for which
the drug is being prescribed, if requested by the patient or
patients. prescribed. This notice shall indicate
that, at the request of the prescriber or patient, the information
regarding the condition or purpose shall be omitted from the
container label information pursuant to Section 4076.
(F) If in writing, signed by the prescriber issuing the order, or
the certified nurse-midwife, nurse practitioner, physician assistant,
or naturopathic doctor who issues a drug order pursuant to Section
2746.51, 2836.1, 3502.1, or 3640.5, respectively, or the pharmacist
who issues a drug order pursuant to Section 4052.1, 4052.2, or
4052.6.
(2) Issued by a physician, dentist, optometrist, podiatrist,
veterinarian, or naturopathic doctor pursuant to Section 3640.7 or,
if a drug order is issued pursuant to Section 2746.51, 2836.1,
3502.1, or 3460.5, by a certified nurse-midwife, nurse practitioner,
physician assistant, or naturopathic doctor licensed in this state,
or pursuant to Section 4052.1, 4052.2, or 4052.6 by a pharmacist
licensed in this state.
(b) Notwithstanding subdivision (a), a written order of the
prescriber for a dangerous drug, except for any Schedule II
controlled substance, that contains at least the name and signature
of the prescriber, the name and address of the patient in a manner
consistent with paragraph (2) of subdivision (a) of Section 11164 of
the Health and Safety Code, the name and quantity of the drug
prescribed, directions for use, and the date of issue may be treated
as a prescription by the dispensing pharmacist as long as any
additional information required by subdivision (a) is readily
retrievable in the pharmacy. In the event of a conflict between this
subdivision and Section 11164 of the Health and Safety Code, Section
11164 of the Health and Safety Code shall prevail.
(c) "Electronic transmission prescription" includes both image and
data prescriptions. "Electronic image transmission prescription"
means any prescription order for which a facsimile of the order is
received by a pharmacy from a licensed prescriber. "Electronic data
transmission prescription" means any prescription order, other than
an electronic image transmission prescription, that is electronically
transmitted from a licensed prescriber to a pharmacy.
(d) The use of commonly used abbreviations shall not invalidate an
otherwise valid prescription.
(e) Nothing in the amendments made to this section (formerly
Section 4036) at the 1969 Regular Session of the Legislature shall be
construed as expanding or limiting the right that a chiropractor,
while acting within the scope of his or her license, may have to
prescribe a device.
SEC. 2. Section 4076 of the Business
and Professions Code is amended to read:
4076. (a) A pharmacist shall not dispense any prescription except
in a container that meets the requirements of state and federal law
and is correctly labeled with all of the following:
(1) Except when the prescriber or the certified nurse-midwife who
functions pursuant to a standardized procedure or protocol described
in Section 2746.51, the nurse practitioner who functions pursuant to
a standardized procedure described in Section 2836.1 or protocol, the
physician assistant who functions pursuant to Section 3502.1, the
naturopathic doctor who functions pursuant to a standardized
procedure or protocol described in Section 3640.5, or the pharmacist
who functions pursuant to a policy, procedure, or protocol pursuant
to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the
manufacturer's trade name of the drug or the generic name and the
name of the manufacturer. Commonly used abbreviations may be used.
Preparations containing two or more active ingredients may be
identified by the manufacturer's trade name or the commonly used name
or the principal active ingredients.
(2) The directions for the use of the drug.
(3) The name of the patient or patients.
(4) The name of the prescriber or, if applicable, the name of the
certified nurse-midwife who functions pursuant to a standardized
procedure or protocol described in Section 2746.51, the nurse
practitioner who functions pursuant to a standardized procedure
described in Section 2836.1 or protocol, the physician assistant who
functions pursuant to Section 3502.1, the naturopathic doctor who
functions pursuant to a standardized procedure or protocol described
in Section 3640.5, or the pharmacist who functions pursuant to a
policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or
4052.6.
(5) The date of issue.
(6) The name and address of the pharmacy, and prescription number
or other means of identifying the prescription.
(7) The strength of the drug or drugs dispensed.
(8) The quantity of the drug or drugs dispensed.
(9) The expiration date of the effectiveness of the drug
dispensed.
(10) The condition or purpose for which the drug was
prescribed if the prescribed, unless the patient or
prescriber has requested that the condition or purpose
is not be indicated on the
prescription. prescription container label.
(11) (A) Commencing January 1, 2006, the physical description of
the dispensed medication, including its color, shape, and any
identification code that appears on the tablets or capsules, except
as follows:
(i) Prescriptions dispensed by a veterinarian.
(ii) An exemption from the requirements of this paragraph shall be
granted to a new drug for the first 120 days that the drug is on the
market and for the 90 days during which the national reference file
has no description on file.
(iii) Dispensed medications for which no physical description
exists in any commercially available database.
(B) This paragraph applies to outpatient pharmacies only.
(C) The information required by this paragraph may be printed on
an auxiliary label that is affixed to the prescription container.
(D) This paragraph shall not become operative if the board, prior
to January 1, 2006, adopts regulations that mandate the same labeling
requirements set forth in this paragraph.
(b) If a pharmacist dispenses a prescribed drug by means of a unit
dose medication system, as defined by administrative regulation, for
a patient in a skilled nursing, intermediate care, or other health
care facility, the requirements of this section will be satisfied if
the unit dose medication system contains the aforementioned
information or the information is otherwise readily available at the
time of drug administration.
(c) If a pharmacist dispenses a dangerous drug or device in a
facility licensed pursuant to Section 1250 of the Health and Safety
Code, it is not necessary to include on individual unit dose
containers for a specific patient, the name of the certified
nurse-midwife who functions pursuant to a standardized procedure or
protocol described in Section 2746.51, the nurse practitioner who
functions pursuant to a standardized procedure described in Section
2836.1 or protocol, the physician assistant who functions pursuant to
Section 3502.1, the naturopathic doctor who functions pursuant to a
standardized procedure or protocol described in Section 3640.5, or
the pharmacist who functions pursuant to a policy, procedure, or
protocol pursuant to Section 4052.1, 4052.2, or 4052.6.
(d) If a pharmacist dispenses a prescription drug for use in a
facility licensed pursuant to Section 1250 of the Health and Safety
Code, it is not necessary to include the information required in
paragraph (11) of subdivision (a) when the prescription drug is
administered to a patient by a person licensed under the Medical
Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing
Practice Act (Chapter 6 (commencing with Section 2700)), or the
Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section
2840)), who is acting within his or her scope of practice.
SEC. 3. 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.
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 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.