BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 977
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 977 (Skinner)
          As Amended  January 25, 2010
          Majority vote 

           BUSINESS & PROFESSIONS     10-0 HEALTH              17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Emmerson,        |Ayes:|Jones, Adams, Ammiano,    |
          |     |Conway, Hernandez, Nava,  |     |Block, Skinner, Conway,   |
          |     |Niello,                   |     |De La Torre,              |
          |     |John A. Perez, Price,     |     |De Leon, Emmerson,        |
          |     |Ruskin, Smyth             |     |Gaines, Hall, Fuentes,    |
          |     |                          |     |Bonnie Lowenthal, Nava,   |
          |     |                          |     |V. Manuel Perez, Salas,   |
          |     |                          |     |Audra Strickland          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           BUSINESS & PROFESSIONS     11-0 APPROPRIATIONS      15-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi,     Emmerson,    |Ayes:|De Leon, Ammiano,         |
          |     |Conway, Eng, Hernandez,   |     |Bradford,                 |
          |     |Hill, Nava, Niello,       |     |Charles Calderon, Coto,   |
          |     |John A. Perez, Ruskin,    |     |Davis, Fuentes, Hall,     |
          |     |Smyth                     |     |Miller, Nielsen,          |
          |     |                          |     |John A. Perez, Skinner,   |
          |     |                          |     |Solorio,                  |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Creates a pilot project that will permit a pharmacist  
          to administer an influenza immunization pursuant to a  
          standardized protocol developed by the Medical Board of  
          California (MBC), in consultation with public health officers,  
          to any person 18 years or older.   Specifically  , this bill:

          1)Creates a pilot project in which a pharmacist may administer  
            an influenza immunization pursuant to a standardized protocol  
            developed and approved by MBC to any person 18 years or older.  








                                                                  AB 977
                                                                  Page  2


             

          2)Requires that the protocol be consistent with protocols  
            developed by the Advisory Committee on Immunizations Practices  
            of the federal Centers for Disease Control and Prevention  
            (CDC).  

          3)Requires a pharmacist initiating and administering any  
            immunization pursuant to the pilot to:

             a)   Complete the American Pharmacists Association's  
               Pharmacy-Based Immunization Delivery Certificate Training  
               Program or another pharmacy-based immunization training  
               certificate program endorsed by the CDC or the  
               Accreditation Council for Pharmaceutical Education;   

             b)   Complete three hours of immunization-related continuing  
               education coursework annually, which may be applied to the  
               existing continuing education requirement; and,

             c)   Be certified in basic life support.

          4)States that if a pharmacist fails to satisfy the three hours  
            of immunization-related continuing education coursework  
            annually, the pharmacist must, in addition to any other  
            applicable disciplinary action, retake the immunization  
            training certificate program in addition to the three hours of  
            immunization-related continuing education coursework prior to  
            initiating any further immunizations. 

          5)Requires a pharmacist, at the time of immunization  
            administration, to provide:

             a)   The patient or the patient's agent with the appropriate  
               Vaccine Information Statement (VIS), produced by the CDC,  
               for each immunization administered;  

             b)   Documentation of administration of the immunization to  
               the patient and the patient's physician or primary care  
               provider, if one can be identified; and,

             c)   Documentation of administration of the immunization to  
               the appropriate immunization registry.









                                                                  AB 977
                                                                  Page  3


          6)Requires a pharmacist to maintain an immunization  
            administration record, which shall include, but not be limited  
            to:

             a)   The name of the vaccine;

             b)   Vaccine's expiration date;

             c)   Date of administration;

             d)   The manufacturer and lot number;

             e)   The administration site and route;

             f)   The VIS date; and,

             g)   The name and title of the person administering the  
               vaccination, for 10 years from the date of administration.

          7)Permits a pharmacist initiating and administering vaccines to  
            initiate and administer epinephrine by injection for severe  
            allergic reactions.

          8)Requires any adverse event be reported to the Vaccine Adverse  
            Event Reporting System within the United States Department of  
            Health and Human Services.

          9)States that, upon receipt, a pharmacist is responsible for  
            ensuring that proper temperatures are maintained during the  
            subsequent storage and handling of the vaccine to preserve its  
            potency.  

          10)Sunsets the pilot project on January 1, 2015.  

          11)Requires the MBC and Board of Pharmacy (BOP) to evaluate the  
            pilot program's effectiveness and for the BOP to report back  
            to the relevant Senate and Assembly committees by January 1,  
            2014. 

          12)Makes legislative findings and declarations.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, one-time fee-supported special fund fiscal impact to  
          the MBC and the California Board of Pharmacy (CBP) likely in the  








                                                                  AB 977
                                                                  Page  4


          range of $50,000 to $100,000, combined, to establish the pilot  
          in 2011.  Ongoing absorbable costs until 2015 to provide pilot  
          oversight.  Fee-supported special fund costs of approximately  
          $50,000 to complete the evaluation to be submitted to the  
          Legislature.

           COMMENTS  :  According to the author's office, "In 1995, pharmacy  
          law allowed a pharmacist to administer immunizations pursuant to  
          a protocol with a physician.  Since that time, pharmacists have  
          safely initiated and administered thousands of immunizations to  
          Californians.  However, the full impact of pharmacist delivered  
          vaccines has not been realized.  Many pharmacists are unable to  
          obtain a prescriber's signature on their vaccination protocol,  
          making them unable to administer vaccines.  Even after extensive  
          education of physicians regarding the minimal liability  
          incurred, many remain apprehensive and choose not to sign  
          immunization protocols with pharmacists.  Further, independent  
          pharmacies are the hardest hit by the need for a prescriber  
          protocol.  These small businesses often serve low-income,  
          ethnically diverse communities in suburban and rural locations  
          throughout California." 

          Currently, 49 states including California allow a pharmacist to  
          administer immunizations pursuant to a protocol with a  
          prescriber.  A protocol typically identifies the individual who  
          has delegated activity; the pharmacist authorized to administer  
          vaccine; types of vaccines pharmacist is authorized to  
          administer; procedures, decision criteria, or the plan a  
          pharmacist should follow, including when to refer a patient;  
          procedure for emergency situations; record keeping and  
          documentation procedures

          This bill would permit a pharmacist to administer the influenza  
          vaccine pursuant to a protocol developed by the MBC.  Sponsors  
          of this bill argue that this protocol is essential for public  
          health by expanding access to immunizations.  However, the CDC  
          currently recommends that certain individuals should not be  
          vaccinated for influenza without first consulting a physician. 

           
          Analysis Prepared by  :    Sarah Huchel / B. & P. / (916) 319-3301  











                                                                  AB 977
                                                                  Page  5


                                                                FN: 0003627