BILL NUMBER: SB 223	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 14, 2003
	AMENDED IN SENATE  APRIL 30, 2003

INTRODUCED BY   Senator Margett

                        FEBRUARY 13, 2003

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 223, as amended, Margett.  Workers' compensation  :
generic drugs  . 
   Existing law provides that an injury of an employee arising out of
and in the course of employment is generally compensable through the
workers' compensation system.
   This bill would state the intent of the Legislature to improve the
workers' compensation system by promoting the efficient delivery of
high quality appropriate medical care.  
   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 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  Section 4600.1 of the Labor Code is repealed.
  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.  
  SECTION 1.  It is the intent of the Legislature to improve the
workers' compensation system by promoting the efficient delivery of
high quality appropriate medical care.