BILL NUMBER: AB 521 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Member Diaz
FEBRUARY 18, 2003
An act to add Section 4074.5 to amend,
add, and repeal Section 4074 of the Business and Professions
Code, relating to pharmacies.
LEGISLATIVE COUNSEL'S DIGEST
AB 521, as amended, Diaz. Prescription drug warnings.
Existing law, the Pharmacy Law, requires a pharmacist
dispensing certain prescription drugs to inform a patient,
orally or in writing, of certain information about
the their harmful effects of
a prescription drugs when taken in combination
with alcohol. Existing law makes the violation of the Pharmacy Law a
crime.
This bill , commencing on January 1, 2005, would
additionally also require a pharmacist
to include a large-print informational insert with each drug
dispensed by prescription informing inform the
patient when if the drug poses a
substantial risk of harm if when taken
in combination with alcohol or other
prescription or nonprescription medication and would
require that information given in writing be in at least 12-point
type if the drug poses a substantial risk of harm when taken in
combination with alcohol or other medications .
Because a violation of this requirement would be punishable as a
crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4074.5 is added to the Business and Professions
Code, to read:
4074.5. A pharmacist shall include a large-print informational
insert with each drug dispersed by prescription informing the patient
when the drug poses a substantial risk of harm to the person
consuming the drug if taken in combination with alcohol or other
medications, including both prescription and nonprescription drugs.
SECTION 1. Section 4074 of the Business and Professions Code is
amended to read:
4074. (a) A pharmacist shall inform a patient orally or in
writing of the harmful effects of a drug dispensed by prescription if
the drug poses substantial risk to the person consuming the drug
when taken in combination with alcohol or if the drug may impair a
person's ability to drive a motor vehicle, whichever is applicable,
and provided the drug is determined by the board pursuant to
subdivision (b) to be a drug or drug type for which this warning
shall be given.
(b) The board may by regulation require additional information or
labeling.
(c) This section shall not apply to drugs furnished to patients in
conjunction with treatment or emergency services provided in health
facilities or, except as provided in subdivision (d), to drugs
furnished to patients pursuant to subdivision (a) of Section 4056.
(d) A health facility shall establish and implement a written
policy to ensure that each patient shall receive information
regarding each medication given at the time of discharge and each
medication given pursuant to subdivision (a) of Section 4056. This
information shall include the use and storage of each medication, the
precautions and relevant warnings, and the importance of compliance
with directions. This information shall be given by a pharmacist or
registered nurse, unless already provided by a patient's prescriber,
and the written policy shall be developed in collaboration with a
physician, a pharmacist, and a registered nurse. The written policy
shall be approved by the medical staff. Nothing in this subdivision
or any other provision of law shall be construed to require that only
a pharmacist provide this consultation.
(e) This section shall be repealed on January 1, 2005.
SEC. 2. Section 4074 is added to the Business and Professions
Code, to read:
4074. (a) A pharmacist shall inform a patient orally or in
writing of the harmful effects of a drug dispensed by prescription if
the drug poses substantial risk to the person consuming the drug
when taken in combination with alcohol or other medications,
including both prescription and nonprescription drugs, or if the drug
may impair a person's ability to drive a motor vehicle, whichever is
applicable, and provided the drug is determined by the board
pursuant to subdivision (b) to be a drug or drug type for which this
warning shall be given.
(b) The board may by regulation require additional information or
labeling.
(c) This section shall not apply to drugs furnished to patients in
conjunction with treatment or emergency services provided in health
facilities, or, except as provided in subdivision (d), to drugs
furnished to patients pursuant to subdivision (a) of Section 4056.
(d) A health facility shall establish and implement a written
policy to ensure that each patient receives information regarding
each medication given at the time of discharge and each medication
given pursuant to subdivision (a) of Section 4056. This information
shall include the use and storage of each medication, the precautions
and relevant warnings, and the importance of compliance with
directions. This information shall be given by a pharmacist or
registered nurse, unless already provided by a patient's prescriber,
and the written policy shall be developed in collaboration with a
physician, a pharmacist, and a registered nurse. The written policy
shall be approved by the medical staff. Nothing in this subdivision
or any other provision of law shall be construed to require that only
a pharmacist provide this consultation.
(e) The information required by subdivision (a), if provided in
writing, shall be printed in at least 12-point type whenever the drug
poses a substantial risk of harm to the person consuming the drug if
taken in combination with alcohol or other medications, including
both prescription and nonprescription drugs.
(f) This section shall become operative on January 1, 2005.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.