Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1124

Introduced by Assembly Member Perea

February 27, 2015

An act to add begin delete Section end delete begin insert Sections end insert 5307.28 begin insert and 5307.29 end insert to the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1124, as amended, Perea. Workers’ compensation: begin delete formulary: end delete prescription begin delete medications. end delete begin insert medication formulary. end insert

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. The administrative director is authorized to adopt, amend, or repeal, after public hearings, any rules and regulations that are reasonably necessary to enforce the state workers’ compensation provisions, except begin delete where end delete begin insert when end insert that power is specifically reserved to the Workers’ Compensation Appeals Board.

This bill would require the administrative director to begin insert , on or before January 1, 2017, end insert establish a formulary for begin delete the purposes of prescribing prescription medications. end delete begin insert medications prescribed in the workers’ compensation system to be effective commencing January 1, 2017. The bill would require the administrative director to convene a Workers’ Compensation Formulary Advisory Committee to assist in the development of the formulary, and would require the committee to study and make recommendations on the development of a workers’ compensation formulary in California. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 5307.28 is added to the end insert begin insert Labor Code end insert begin insert , to
read: end insert

begin insert

begin insert 5307.28. end insert   

On or before January 1, 2017, the administrative
director shall establish a formulary for medications prescribed in
the workers’ compensation system to be effective commencing
January 1, 2017.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5307.29 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 5307.29. end insert   

(a) The administrative director shall convene a
Workers’ Compensation Formulary Advisory Committee to assist
in the development of a formulary pursuant to Section 5307.28.
The committee shall be composed of members appointed by the
director and shall include, but not be limited to, health care
providers, insurers, employers, and injured worker representatives.

(b) The committee shall study and make recommendations on
the development of a workers’ compensation formulary in
California.

(c) The committee shall convene on a quarterly basis and
provide its recommendations to the administrative director on or
before December 31, 2016.

end insert

begin delete

SECTION 1.  

Section 5307.28 is added to the Labor Code, to
read:

5307.28.  

The administrative director shall establish a formulary
for the purposes of prescribing prescription medications.

end delete