BILL ANALYSIS Ó AB 1073 Page 1 ASSEMBLY THIRD READING AB 1073 (Ting) As Amended April 28, 2015 Majority vote ------------------------------------------------------------------ |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+---------------------+--------------------| |Business & |14-0 |Bonilla, Jones, | | |Professions | |Baker, Bloom, | | | | |Campos, Chang, Dodd, | | | | |Eggman, Gatto, | | | | |Holden, Mullin, | | | | |Ting, Wilk, Wood | | | | | | | |----------------+------+---------------------+--------------------| |Appropriations |16-0 |Gomez, Bigelow, | | | | |Bloom, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Eduardo Garcia, | | | | |Holden, Jones, | | | | |Quirk, Rendon, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ AB 1073 Page 2 SUMMARY: Requires the Board of Pharmacy (BOP) to post translated standardized directions for use in at least five languages other than English on its Web site. This bill requires pharmacists to provide these directions to patients with limited English proficiency, and limits the liability against pharmacies if the inaccurate standardized translations are provided to a patient. Specifically, this bill: 1)Requires a dispenser, in his or her professional judgment, to use a standardized direction for use on the label of the prescription container from a list in existing regulations. 2)Requires the BOP to make available translations of the standardized directions for use, in a minimum of five languages other than English, 3)Requires the BOP to post the standardized directions for use on its Web site. 4)Requires a dispenser, upon request of a patient, to provide the appropriate translated standardized direction for use, and append it to the label on a patient's prescription container or provide it on a supplemental document. 5)Authorizes a dispenser to provide his or her own translated directions as an alternative. 6)Exempts a dispenser who complies with the requirement to select the translated standardized direction for use from civil liability if there is an error in appending the direction for use to the medication container or on a supplemental document. AB 1073 Page 3 FISCAL EFFECT: According to the Assembly Committee on Appropriations, the bill will result in minor and absorbable costs to the BOP. COMMENTS: Purpose. This bill is sponsored by the BOP. According to the author, "Access to healthcare is undermined if patients and medical professionals cannot communicate effectively. AB 1073 would help limited-English proficient (LEP) patients across California access healthcare in their primary language by helping them understand prescription drug information in their primary language, a need that can literally be a matter of life and death. This bill would require pharmacists to provide LEP patients with translated directions for use on prescription drug labels, by ensuring that all LEP patients understand how to take their medication safely and without error. " Background. Business and Professions Code Section 4076.5, requires the BOP to develop standardized, patient-centered prescription labels. In 2010, the BOP adopted regulations to require directions for use and improved font types and sizes on the labels of prescription drug containers. In order to address the needs of patients with LEP, the BOP regulations also require pharmacies to provide oral translation services in at least 12 languages via on-site or telephone - based interpretive services. The BOP is also required to publish on its Web site standardized and translated directions for use in at least five languages other than English including, 1) Chinese, 2) Korean, 3) Russian, 4) Spanish and 5) Vietnamese. However, these translations have not been widely adopted by pharmacies due to concerns about liability in the event that there are errors in the translated materials that pharmacy staff may be unable to detect. AB 1073 Page 4 Patients with Limited English Proficiency (LEP). A report from the Institute of Medicine estimates that at least 1.5 million Americans are sickened, injured or killed each year because of medication errors. This is particularly troubling when one examines the growing and diverse population of California. According to data from the 2010 United States Census, of the more than 6.5 million residents of California, one out of every five speak English "less than very well." Additionally, over 44% of Californians speak a language other than English at home and almost half of Medi-Cal enrollees have LEP. It can be difficult for even the most educated patient to understand complicated medication regimens. According to an article in the Journal of the American Medical Association, 46% of adults cannot understand the information listed on their prescription drug labels. When factoring in a patient who has LEP, this problem is exacerbated as there are communication barriers that may result in a lack of understanding and a lack of adherence to a prescribed medication regimen. For example, a study in the Journal of the American Medical Association revealed that patients who have LEP, who do not receive adequate interpreter services when needed, are unlikely to understand their diagnosis and treatment provided by their physician. Additionally, a study in the Journal of General Internal Medicine found that patients who have LEP, who received translated standardized directions for use, were more likely to take a single prescription medication appropriately, dose more medications correctly in a multi-drug regimen and simplify medication use by consolidating when pills should be taken. Other States. In 2007, a study in the Journal of the American Medical Association found that of 200 pharmacists in New York City, 88% reported serving patients with LEP. The pharmacists reported that 78% of the patients spoke Spanish and 16% spoke Chinese. AB 1073 Page 5 In 2012, New York enacted the first state law that requires all chain and mail order pharmacies to provide comprehensive translation and interpretation services for patients who have LEP, including written translations of all prescription drug labels and directions for use. Arguments in Support: The Board of Pharmacy (sponsor) writes in support, "The board believes that AB 1073 contains important provisions to aid patients in understanding how to take their prescription medications accurately. Moreover, AB 1073 represents another important milestone in the development of patient-centered labels in California. Enactment of this bill will encourage pharmacists to cut and paste the translations available from the board's Web site, when applicable, who currently state they are reluctant to use them because they cannot read the language themselves - the waiver of liability for an inadvertent mistake resolves this issue." The California Healthy Nail Salon Collaborative writes in their letter of support, "The Collaborative comprises over 40 public health and environmental advocates, nail salon workers and owners, and allies in government agencies. The Collaborative focuses on language access for members of the nail salon community, 59%-80 % are Vietnamese. Many of those individuals are Limited English Proficient? We think that AB 1073 is a good idea and it's about time, especially given the diversity of language in California." The California Pan-Ethnic Health Network states in their letter of support, "A patient's first and best source of information about their medication is the prescription label? LEP patients are more than twice as likely as English speaking patients to have AB 1073 Page 6 difficulty understanding their medications. This lack of understanding results in an increased risk of adverse drug reactions and non-compliance with drug regimens." Arguments in Opposition: None on file. Analysis Prepared by: Le Ondra Clark Harvey, Ph.D. / B. & P. / (916) 319-3301 FN: 0000311