BILL NUMBER: SB 651	CHAPTERED  07/27/99

	CHAPTER   190
	FILED WITH SECRETARY OF STATE   JULY 27, 1999
	APPROVED BY GOVERNOR   JULY 26, 1999
	PASSED THE SENATE   JULY 8, 1999
	PASSED THE ASSEMBLY   JULY 6, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999

INTRODUCED BY   Senator Burton

                        FEBRUARY 24, 1999

   An act to add Section 4009 to the Business and Professions Code,
to add Section 1186 to the Labor Code, and to add Section 14105.337
to the Welfare and Institutions Code, relating to pharmacists.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 651, Burton.   Registered pharmacists.
   Existing law generally requires an employee to be paid an overtime
rate of compensation for work in excess of 8 hours per day.
Existing wage orders of the Industrial Welfare Commission exempt
persons employed in an administrative, executive, or professional
capacity from, among other things, that requirement.
   This bill would provide that a person employed in the practice of
pharmacy is not exempt from coverage under any provision of the wage
orders of the commission, unless he or she individually meets the
criteria established for exemption as executive or administrative
employees.  The bill also would provide that no person employed in
the practice of pharmacy may be subject to any exemption from
coverage under the orders of the commission established for
professional employees.
   Under the existing Pharmacy Law, the California State Board of
Pharmacy is established to administer and enforce the regulations
that govern the licensure and practice of registered pharmacists.
   This bill would prohibit the board from adopting or amending any
rule or regulation that conflicts with the limitations on the
commission added by the bill.
   Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Services, pursuant to
which medical benefits are provided to public assistance recipients
and certain other low-income persons.
   Existing provisions of law require the Director of Health Services
to establish the rate of reimbursement for providers under the
Medi-Cal program, and specifies that the rate of reimbursement for
pharmacists shall be reduced by 50
per prescription, effective January 1, 1995.  f   This bill would
require that the reimbursement of pharmacists for each prescription
claim through the Medi-Cal program shall be increased by 25
on January 1, 2000, and by an additional 15
on July 1, 2002.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4009 is added to the Business and Professions
Code, to read:
   4009.  The board may not adopt or amend any rule or regulation
that thereby would conflict with Section 1186 of the Labor Code.
  SEC. 2.  Section 1186 is added to the Labor Code, to read:
   1186.  A person employed in the practice of pharmacy is not exempt
from coverage under any provision of the orders of the Industrial
Welfare Commission unless he or she individually meets the criteria
established for exemption as executive or administrative employees.
No person employed in the practice of pharmacy may be subject to any
exemption from coverage under the orders of the Industrial Welfare
Commission established for professional employees.
  SEC. 3.  Section 14105.337 is added to the Welfare and Institutions
Code, to read:
   14105.337.  (a) Effective January 1, 2000, the department shall
increase reimbursement to pharmacists by twenty-five cents ($0.25)
per prescription for all drug prescription claims reimbursed through
the Medi-Cal program.
   (b) Effective July 1, 2002, the department shall increase
reimbursement to pharmacists by an additional fifteen cents ($0.15)
per prescription for all drug prescription claims reimbursed through
the Medi-Cal program.