BILL NUMBER: AB 1589	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 28, 2001
	AMENDED IN SENATE  JULY 16, 2001
	AMENDED IN ASSEMBLY  APRIL 30, 2001

INTRODUCED BY   Assembly Member Simitian

                        FEBRUARY 23, 2001

   An act to add Section 2028 to the Business and Professions Code,
relating to the healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1589, as amended, Simitian.  Healing arts:  electronic
transmission  of  prescriptions.
   Existing law, the Medical Practice Act, creates the Medical Board
of California and requires it to perform various duties relating to
the practices of physicians and surgeons and other healing arts
practitioners.
   This bill would require the board to consult with the California
State Board of Pharmacy and commission a study that evaluates the
electronic transmission of prescriptions by physicians and surgeons
and report its results to the Legislature on or before January 1,
2003.  The bill would specify that the board's report include
recommendations  on whether the electronic transmission of
prescriptions should be encouraged, methods  to encourage
physicians and surgeons and other specified  health care
providers   persons  to use this method to transmit
prescriptions  ,  and  to  identify systems to
protect  the privacy of  patients, including the issuance of
a digital certification, as defined.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  (a) The Legislature finds, based upon a report entitled
"To Err is Human, Building a Safer Health System," a report issued
in 1999 by the Institute of Medicine, that in 1993, approximately
7,000 deaths occurred in the United States as a result of medication
errors.
   (b) The Legislature further finds, based on information from the
Institute for Safe Medicine Practices, the following:
   (1) Of the three billion prescriptions issued each year in the
United States, nearly all of them are handwritten by the physician
and surgeon issuing the prescription.
   (2) Illegible prescriptions result in more than 150 million
inquiries each year by pharmacists for clarification from the
physician and surgeon who issued the prescription.
   (3) While the technology exists for the electronic transmission of
prescriptions, less than 5 percent of physicians and surgeons use
this technology to prescribe medication.
  SEC. 2.  Section 2028 is added to the Business and Professions
Code, to read:
   2028.   (a)  The Medical Board of California shall
consult with the California State Board of Pharmacy and commission a
study and report its results to the Legislature on or before January
1, 2003, on the electronic transmission of prescriptions by
physicians and surgeons.   This  
   (b) This  report shall include recommendations  for
methods   on the following matters:
   (1) Whether the electronic transmission of prescriptions should be
encouraged.
   (2) Methods  to encourage physicians and surgeons 
and   ,  health care providers specified in
subdivision (a) of Section 4024  , and persons licensed to
prescribe in another state who meet the requirements described in
subdivision (b) of Section 4005  to issue prescriptions by
electronic transmission  and identification   .

   (3) Identification  of systems to protect  confidential
personal and medical information of  patients for whom
prescriptions are issued using  that process  
electronic transmission  , including, but not limited to, the
issuance of digital certification to physicians and surgeons 
and   ,  health care providers specified in
subdivision (a) of Section 4024  , and persons licensed to
prescribe in another state who meet the requirements described in
subdivision (b) of Section 4005  to use when transmitting
prescriptions electronically. "  Digital  
   (c) Digital  certification" is an electronic signature
verifying the identity of the physician and surgeon  or
  ,  health care provider specified in subdivision
(a) of Section 4024  , or person licensed to prescribe in another
state who meets the requirements described in subdivision (b) of
Section 4005  who is transmitting the prescription
electronically.