BILL NUMBER: AB 521 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 3, 2003
AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Member Diaz
FEBRUARY 18, 2003
An act to amend, add, and repeal repeal,
and add 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 information about their harmful effects when taken in combination
with alcohol. Existing law makes the violation of the Pharmacy Law
a crime.
This bill, commencing on January 1, 2005
2006 , would also require a pharmacist to inform the
patient if the drug poses a substantial risk of harm when taken in
combination with other prescription or nonprescription medication and
would require that , if the information
given is provided in writing upon
the request of the patient, it 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 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
remain in effect only until January 1, 2006, and as of
that date is repealed unless a later enacted statute that is enacted
before January 1, 2006, deletes or extends that date .
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
, 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 and upon patient request , 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 2006 .
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.