BILL NUMBER: AB 2516	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 21, 2008

   An act to add Section 4072.5 to the Business and Professions Code,
relating to prescriptions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2516, as introduced, Mendoza. Prescriptions: electronic
transmission.
   The Pharmacy Law regulates, among other matters, the dispensing by
prescription of dangerous drugs and dangerous devices, and sets
forth specified requirements for prescriptions. Existing law
authorizes a prescriber or his or her authorized agent to
electronically transmit a prescription to a pharmacist, subject to
certain exceptions. A knowing violation of the Pharmacy Law is a
crime.
   This bill would, commencing January 1, 2010, require a prescriber
to ensure that any prescription issued or made by him or her be
electronically transmitted to the patient's pharmacy of choice,
except as specified. The bill would provide that a violation of these
provisions is not a crime.
   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 4072.5 is added to the Business and Professions
Code, to read:
   4072.5.  (a) A prescriber shall ensure that any prescription
issued or made by him or her be electronically transmitted to the
patient's pharmacy of choice, except for any of the following:
   (1) A prescription required by federal law to be transmitted in
another manner.
   (2) A prescription that is prevented from being transmitted
electronically at the time of issuance by an emergency or unexpected
technical problem.
   (3) An order meeting the requirements of Section 4019 if the
prescribed drug is to be administered at the hospital.
   (b) Notwithstanding any other provisions of law, a violation of
this section shall not be a crime.
   (c) This section shall become operative on January 1, 2010.