BILL NUMBER: AB 1589	CHAPTERED
	BILL TEXT

	CHAPTER  464
	FILED WITH SECRETARY OF STATE  OCTOBER 3, 2001
	APPROVED BY GOVERNOR  OCTOBER 2, 2001
	PASSED THE ASSEMBLY  AUGUST 31, 2001
	PASSED THE SENATE  AUGUST 30, 2001
	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, 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 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.


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.
   (b) This report shall include recommendations on the following
matters:
   (1) Whether the electronic transmission of prescriptions should be
encouraged.
   (2) Methods to encourage physicians and surgeons, 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.
   (3) Identification of systems to protect confidential personal and
medical information of patients for whom prescriptions are issued
using electronic transmission, including, but not limited to, the
issuance of digital certification to physicians and surgeons, 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."
   (c) Digital certification" is an electronic signature verifying
the identity of the physician and surgeon, 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.