BILL NUMBER: AB 718	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2009
	AMENDED IN ASSEMBLY  APRIL 22, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 26, 2009

   An act  to add and repeal Section 4071.2 of the Business and
Profe   ssions Code,   relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 718, as amended, Emmerson.  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.
   This bill  would state the intent of the Legislature to
enact legislation that  would  , until January 1, 2013,
 create the Inland Empire Health Plan E-Prescribing Pilot
Program  , which   and  would  require
the program to  promote health care quality and the exchange of
health care information  ,   and to 
include specified  components, and be administered by
  components. The bill would require the Inland Empire
Health Plan, a joint powers agency, to select  an entity with
specified certification and at least 5 years of e-prescribing
experience under  the Medi-Cal program   another
state's Medicaid program to administer the program and would 
 require this entity to submit a report to the Legislature, by
January 1, 2012, regarding the results of the program and whether the
program should be extended.   By imposing a new requirement
on a joint powers agency, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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.  (a) The Inland Empire Health Plan E-Prescribing Pilot
Program is hereby created. For purposes of this section, "program"
means the Inland Empire Health Plan E-Prescribing Pilot Program.
   (b) The program shall be administered by an entity, selected by
the Inland Empire Health Plan, with certification from the
Certification Commission for Healthcare Information Technology and a
minimum of five years of e-prescribing experience under another state'
s Medicaid program.
   (c) The program shall promote health care quality and the exchange
of health care information consistent with applicable law and shall
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 Centers for Medicare and
Medicaid Services.
   (5) Electronic transmission of prescriptions consistent with
applicable state and federal law.
   (d) The entity administering the program shall, on or before
January 1, 2012, submit a report to the Legislature on the results of
the program and whether the program should be extended.
   (e)  Notwithstanding Section 4321, a violation of this section
shall not be a crime.
   (f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  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.