BILL NUMBER: AB 718	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

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 amended, Emmerson.  Prescription drugs:
electronic transmissions.   Inland Empire Health Plan
E-Prescribing Pilot Program. 
   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, to the extent consistent with federal
law, every licensed prescriber, or prescriber's authorized agent, or
pharmacy operating in California to have the ability, on or before
January 1, 2016, 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.  
   This bill would state the intent of the Legislature to enact
legislation that would create the Inland Empire Health Plan
E-Prescribing Pilot Program, which would promote health care quality
and the exchange of health care information, include specified
components, and be administered by an entity with specified
certification and at least 5 years of e-prescribing experience under
the Medi-Cal program. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

   SECTION 1.    It is the intent of the Legislature to
enact legislation that would create the Inland Empire Health Plan
E-Prescribing Pilot Program, which would meet all of the following
requirements:  
   (a) Be administered by an entity with certification from the
Certification Commission for Health Information Technology and a
minimum of five years of e-prescribing experience under the Medi-Cal
program.  
   (b) Promote health care quality and the exchange of health care
information.  
   (c) Include all of the following components:  
   (1) Integrated clinical decision support alerts for allergies,
drug-drug interactions,  duplications in therapy, and elderly alerts.
 
   (2) Current payer formulary information.  
   (3) Appropriate alternatives, when needed, to support
cost-effective prescribing at the point of care.  
   (4) Drug compendia approved by the Center for Medicare and
Medicaid Services.  
   (5) Electronic transmission of prescriptions.  
  SECTION 1.    Section 4071.2 is added to the
Business and Professions Code, to read:
   4071.2.  To the extent consistent with federal law, on or before
January 1, 2016, 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.