Senate BillNo. 1346


Introduced by Senator Allen

February 19, 2016


An act to add Section 4074.5 to the Business and Professions Code, relating to pharmacy.

LEGISLATIVE COUNSEL’S DIGEST

SB 1346, as introduced, Allen. Pharmacists: drug labeling: medication guides: electronic delivery.

The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription, if the drug poses a substantial risk when taken in combination with alcohol or the drug may impair a person’s ability to drive a motor vehicle, and the board requires that warning by regulation. Existing law also requires a pharmacist to include a written label on the drug container indicating that the drug may impair a person’s ability to operate a vehicle or vessel if the pharmacist, in exercising his or her professional judgment, determines that the drug may impair a person’s ability to operate a vehicle or vessel, as specified. Existing law authorizes the board to require by regulation additional information or labeling. A violation of the Pharmacy Law is a crime.

This bill would authorize a pharmacist to offer to a patient, as an alternative to a printed paper medication guide for a prescription drug as required by the United States Food and Drug Administration, the electronic delivery of the medication guide. The bill would authorize a pharmacist to deliver the medication guide by electronic means if the patient chooses electronic delivery. The bill would authorize the board to exempt a drug from that authorization by regulation.

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 4074.5 is added to the Business and
2Professions Code
, to read:

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4074.5.  

(a) Except as provided by regulation pursuant to
4subdivision (b), a pharmacist may do the following:

5(1) Offer to a patient, as an alternative to a printed paper
6medication guide for a prescription drug as required by the United
7States Food and Drug Administration, the electronic delivery of
8the medication guide.

9(2) Deliver the medication guide by electronic means if the
10patient chooses electronic delivery.

11(b) The board may by regulation exempt a drug from the
12authorization established in subdivision (a).



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