BILL NUMBER: AB 718	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 26, 2009

   An act to add Section 4071.2 to the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 718, as introduced, Emmerson. Prescription drugs: electronic
transmissions.
   The Pharmacy Law regulates, among other matters, the dispensing by
prescription of dangerous devices and dangerous drugs, which include
controlled substances. Existing law authorizes the electronic
transmission of prescriptions under specified circumstances. Under
existing law, a violation of the Pharmacy Law is a crime.
   This bill would require every licensed prescriber, or prescriber's
authorized agent, or pharmacy operating in California to have the
ability, on or before January 1, 2012, to transmit and receive
prescriptions by electronic data transmission. Because a knowing
violation of that provision would constitute a crime under the
Pharmacy Law, 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 4071.2 is added to the Business and Professions
Code, to read:
   4071.2.  On or before January 1, 2012, every licensed prescriber,
prescriber's authorized agent, or pharmacy operating in California
shall have the ability to transmit and receive prescriptions by
electronic data transmission.
  SEC. 2.  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.