Amended in Assembly June 1, 2015

Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1124


Introduced by Assembly Member Perea

February 27, 2015


An act to add Sections 5307.28 and 5307.29 to the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1124, as amended, Perea. Workers’ compensation: prescription medication formulary.

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 when that power is specifically reserved to the Workers’ Compensation Appeals Board.

This bill would require the administrative director to, on or before January 1, 2017, establish a formulary for medications prescribed in the workers’ compensation system to be effective commencingbegin delete Januaryend deletebegin insert Julyend insert 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 makebegin delete recommendationsend deletebegin insert recommendations, as specified,end insert on the development of a workers’ compensation formulary in California.

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

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

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SECTION 1.  

Section 5307.28 is added to the Labor Code, to
2read:

3

5307.28.  

On or before January 1, 2017, the administrative
4director shall establish a formulary for medications prescribed in
5the workers’ compensation system to be effective commencing
6begin delete Januaryend deletebegin insert Julyend insert 1, 2017.

7

SEC. 2.  

Section 5307.29 is added to the Labor Code, to read:

8

5307.29.  

(a) The administrative director shall convene a
9Workers’ Compensation Formulary Advisory Committee to assist
10in the development of a formulary pursuant to Section 5307.28.
11The committee shall be composed of members appointed by the
12director and shall include, but not be limited to, health care
13providers, insurers, employers,begin insert pharmacists,end insert and injured worker
14representatives.

15(b) The committee shall study and make recommendations on
16the development of a workers’ compensation formulary in
17California.

18(c) The committee shall convene on a quarterly basis and provide
19its recommendations to the administrative director on or before
20December 31, 2016.

begin insert

21(d) The recommendations developed pursuant to subdivision
22(c) shall ensure all of the following:

end insert
begin insert

23(1) Injured worker access to appropriate opioids, other pain
24management prescriptions, and off-label prescription drugs, when
25medically necessary.

end insert
begin insert

26(2) A gradual detoxification plan for a worker receiving
27potentially addictive prescription drug treatment.

end insert
begin insert

28(3) Timely formulary updates that minimize delays involved in
29adding new drugs to the formulary.

end insert


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