BILL NUMBER: AB 2292 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 18, 2010
An act to amend Section 4190 of, and to amend the heading of
Article 14 (commencing with Section 4190) of Chapter 9 of Division 2
of, the Business and Professions Code, relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2292, as introduced, Bonnie Lowenthal. Pharmacy: clinics.
Existing law, the Pharmacy Law, provides for the licensure and
regulation of the practice of pharmacy by the California State Board
of Pharmacy and a knowing violation of this law is a crime. Existing
law authorizes a surgical clinic, as defined, to purchase drugs at
wholesale for administration or dispensing, under the direction of a
physician, to patients registered for care at the clinic. Existing
law requires these clinics to obtain a license from the board and to
comply with various regulatory requirements. Existing law also
authorizes the board to inspect a clinic at any time in order to
determine whether a surgical clinic is, or is not, operating in
compliance with certain requirements.
This bill would expand these provisions to additionally authorize
an outpatient setting and an ambulatory surgical center, as
specified, to purchase drugs at wholesale for administration or
dispensing under those same circumstances and subject to the same
licensing, regulatory, and inspection requirements.
Because a knowing violation of these requirements by outpatient
settings and ambulatory surgical centers would be a crime, 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. The heading of Article 14 (commencing with Section
4190) of Chapter 9 of Division 2 of the Business and Professions Code
is amended to read:
Article 14. Surgical Clinics
SEC. 2. Section 4190 of the Business and Professions Code is
amended to read:
4190. (a) For the purposes of this article, "clinic" means a
surgical clinic licensed pursuant to paragraph (1) of subdivision
(b) of Section 1204 of the Health and Safety Code, an outpatient
setting accredited by an accreditation agency, as defined in Section
1248 of the Health and Safety Code, or an ambulatory
surgical center certified to participate in the Medicare Program
under Title XVIII of the federal Social Security Act (42 U.S.C. Sec.
1395 et seq.).
(b) Notwithstanding any provision of this chapter, a
surgical clinic, as defined in paragraph (1) of subdivision
(b) of Section 1204 of the Health and Safety Code
clinic may purchase drugs at wholesale for administration or
dispensing, under the direction of a physician and surgeon
, to patients registered for care at the clinic, as provided in
subdivision (b) (c) . The clinic shall
keep records of the kind and amounts of drugs purchased,
administered, and dispensed, and the records shall be available and
maintained for a minimum of three years for inspection by all
properly authorized personnel.
(b)
(c) The drug distribution service of a
surgical clinic shall be limited to the use of drugs for
administration to the patients of the surgical
clinic and to the dispensing of drugs for the control of pain and
nausea for patients of the clinic. Drugs shall not be dispensed in an
amount greater than that required to meet the patient's needs for 72
hours. Drugs for administration shall be those drugs directly
applied, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient for his or her immediate needs.
(c) No surgical clinic shall operate without a license issued by
the board nor shall it be entitled to the benefits of this section
until it has obtained a license from the board.
(d) No clinic shall be entitled to the
benefits of this section until it has obtained a license from the
board. A separate license shall be required for each clinic
location. A clinic shall notify the board of any change in the clinic'
s address on a form furnished by the board.
(d)
(e) Any proposed change in ownership or beneficial
interest in the licensee shall be reported to the board, on a form to
be furnished by the board, at least 30 days prior to the execution
of any agreement to purchase, sell, exchange, gift or otherwise
transfer any ownership or beneficial interest or prior to any
transfer of ownership or beneficial interest, whichever occurs
earlier.
(f) The board shall conduct inspections of these clinics in
accordance with Section 4195.
SEC. 3. 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.