BILL NUMBER: AB 931	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 26, 2009

   An act to amend Section 1261.5 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 931, as introduced, Fletcher. Emergency supplies.
   Existing law provides for the licensing and regulation by the
State Department of Public Health of health facilities, including,
but not limited to, skilled nursing facilities and intermediate care
facilities.
   Existing Pharmacy Law provides for the licensing and regulation of
the practice of pharmacy under the jurisdiction of the California
State Board of Pharmacy and establishes requirements for the
dispensing of drugs.
   Existing law authorizes a pharmacy to furnish dangerous drugs or
devices to a licensed health facility for storage in a secure
emergency pharmaceutical supplies container that is maintained within
the facility under regulations of the department. Existing law
authorizes the department to limit the number of doses of each drug
available to a skilled nursing facility or intermediate care facility
to not more than 4 doses of any separate drug dosage form in each
emergency supply.
   This bill would increase the authorized amount in an emergency
supply to 6 doses.
   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 1261.5 of the Health and Safety Code is amended
to read:
   1261.5.  (a) The number of oral dosage form or suppository form
drugs provided by a pharmacy to a health facility licensed pursuant
to subdivision (c) or (d), or both (c) and (d), of Section 1250 for
storage in a secured emergency supplies container, pursuant to
Section 4119 of the Business and Professions Code, shall be limited
to 24. The State Department of  Public  Health 
Services  may limit the number of doses of each drug
available to not more than  four   six 
doses of any separate drug dosage form in  each 
 an  emergency supply.
   (b) Any limitations established pursuant to subdivision (a) on the
number and quantity of oral dosage or suppository form drugs
provided by a pharmacy to a health facility licensed pursuant to
subdivision (c), (d), or both (c) and (d), of Section 1250 for
storage in a secured emergency supplies container shall not apply to
an automated drug delivery system, as defined in Section 1261.6, when
a pharmacist controls access to the drugs.