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