BILL NUMBER: SB 223	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2003

INTRODUCED BY   Senator Margett

                        FEBRUARY 13, 2003

   An act to  amend   repeal and add 
Section 4600.1 of the Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 223, as amended, Margett.  Workers' compensation:  generic
drugs.
   Existing law requires a pharmacy that provides medicines and
medical supplies that are required to cure or relieve effects of an
injury covered by workers' compensation to provide the generic drug
equivalent, if available, unless the prescribing physician provides
otherwise in writing.
   This bill would  extend this requirement to hospitals,
clinics, and physicians   instead provide that this
requirement applies to any person or entity that dispenses medicines
and medical supplies to a worker to cure or relieve the effects of an
injury covered by workers' compensation, but would specify that
compliance with this provision is not required under specified
circumstances  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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

  
  SECTION 1.  Section 4600.1 of the Labor Code is amended 

  SECTION 1.  Section 4600.1 of the Labor Code is repealed. 

   4600.1.  Any pharmacy providing medicines and medical supplies
required by Section 4600 shall provide the generic drug equivalent,
if a generic drug equivalent is available, unless the prescribing
physician specifically provides otherwise in writing.   

  SEC. 2.  Section 4600.1 is added to the Labor Code, to read:
   4600.1.  (a) Subject to subdivision (b), any person or entity that
dispenses medicines and medical supplies, as required by Section
4600, shall dispense the generic drug equivalent.
   (b) A person or entity shall not be required to dispense a generic
drug equivalent under either of the following circumstances:
   (1) When a generic drug equivalent is unavailable.
   (2) When the prescribing physician specifically provides in
writing that a nongeneric drug must be dispensed.
   (c) For purposes of this section, "dispense" has the same meaning
as the definition contained in Section 4024 of the Business and
Professions Code.
   (d) Nothing in this section shall be construed to preclude a
prescribing physician, who is also the dispensing physician, from
dispensing a generic drug equivalent.   to read:
   4600.1.  Any pharmacy, hospital, clinic, or physician providing
medicines and medical supplies required by Section 4600 shall provide
the generic drug equivalent, if a generic drug equivalent is
available, unless the prescribing physician specifically provides
otherwise in writing.