BILL NUMBER: AB 2747 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Bonnie Lowenthal
( Principal coauthor: Assembly Member
Galgiani )
( Coauthor: Senator Liu
)
FEBRUARY 19, 2010
An act relating to prisoners. An act to
add Section 5024.2 to the Penal Code, relating to prisoners.
LEGISLATIVE COUNSEL'S DIGEST
AB 2747, as amended, Bonnie Lowenthal. Prisoners: pharmacy
services.
Existing law provides that it is the intent of the Legislature
that the Department of Corrections and Rehabilitation, in cooperation
with the Department of General Services and other appropriate state
agencies, take prompt action to adopt cost-effective reforms in its
drug and medical supply procurement processes, as specified.
Existing law authorizes the Secretary of the Department of
Corrections and Rehabilitation to adopt regulations requiring
manufacturers of drugs to pay the department a rebate for the
purchase of drugs for offenders in state custody that is at least
equal to the rebate that would be applicable to the drug under the
federal Social Security Act.
This bill would provide that the Department of Corrections and
Rehabilitation shall maintain and operate a comprehensive pharmacy
services program for those facilities under the jurisdiction of the
department that incorporates, among other things, a statewide
pharmacy administration system with direct authority and
responsibility for program oversight and a multidisciplinary,
statewide Pharmacy and Therapeutics Committee with specified
responsibilities. The bill would authorize the department to operate
and maintain a centralized pharmacy distribution center, as
specified. The bill would require the department and the State Board
of Pharmacy to cooperate in the development, implementation, or
modification of licensing rules and regulations to provide for the
safe and efficient distribution, control, and accountability of drugs
within the department's system. The bill would require the
department to ensure that there is a program providing for the
regular inspection of all the department's pharmacies to verify
compliance with applicable rules, regulations, and other standards,
as specified.
This bill would declare that it is the intent of the Legislature
to later amend this bill to provide a cost-effective method for the
use and delivery of pharmaceuticals within the prison system.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5024.2 is added to the
Penal Code , to read:
5024.2. (a) The Department of Corrections and Rehabilitation
shall maintain and operate a comprehensive pharmacy services program
for those facilities under the jurisdiction of the department that,
at a minimum, incorporates all of the following:
(1) A statewide pharmacy administration system with direct
authority and responsibility for program administration and
oversight.
(2) Medically necessary pharmacy services using professionally and
legally qualified pharmacists, consistent with the size and the
scope of medical services provided.
(3) Written procedures and operational practices pertaining to the
delivery of pharmaceutical services.
(4) A multidisciplinary, statewide Pharmacy and Therapeutics
Committee responsible for all of the following:
(A) Developing and managing a department formulary.
(B) Standardizing the strengths and dosage forms for medications
used in department facilities.
(C) Maintaining and monitoring a system for the review and
evaluation of corrective actions related to errors in prescribing,
dispensing, and administering medications.
(D) Conducting regular therapeutic category reviews for
medications listed in the department formulary.
(E) Evaluating medication therapies and providing input to the
development of disease management guidelines used in the department.
(5) A requirement for the use of generic medications, when
available, unless an exception is reviewed and approved in accordance
with an established nonformulary approval process.
(6) Use of an enterprise-based pharmacy operating system that
provides management with information on prescription workloads,
medication utilization, prescribing data, and other key pharmacy
information.
(b) The department is authorized to operate and maintain a
centralized pharmacy distribution center to provide advantages of
scale and efficiencies related to medication purchasing, inventory
control, volume production, drug distribution, workforce utilization,
and increased patient safety.
(1) The centralized pharmacy distribution center shall include
systems to do all of the following:
(A) Order and package bulk pharmaceuticals and prescription and
stock orders for all department correctional facilities.
(B) Label medications as required to meet state and federal
prescription requirements.
(C) Provide barcode validation matching the drug to the specific
prescription or floor stock order.
(D) Sort completed orders for shipping and delivery to department
facilities.
(2) Notwithstanding any other requirements, the department
centralized pharmacy distribution center is authorized to do the
following:
(A) Package bulk pharmaceuticals into both floor stock and
patient-specific packs.
(B) Reclaim, for reissue, unused and unexpired medications.
(C) Distribute the packaged products to department facilities for
use within the state corrections system.
(3) The centralized pharmacy distribution center shall maintain a
system of quality control checks on each process used to package,
label, and distribute medications. The quality control system shall
include a regular process of random checks by a licensed pharmacist.
(c) The department and the State Board of Pharmacy shall cooperate
in the development, implementation, or modification of licensing
rules and regulations to provide for the safe and efficient
distribution, control, and accountability of drugs within the
department's statewide pharmacy administration system, taking into
account factors unique to the correctional environment. This
cooperation shall extend to the development and evaluation of
demonstration projects.
(d) The department shall ensure that there is a program providing
for the regular inspection of all department pharmacies in the state
to verify compliance with applicable law, rules, regulations, and
other standards as may be appropriate to insure the health, safety,
and welfare of the department's inmate patients. Corrective actions
necessary to resolve any discrepancies or deficiencies shall be
documented in writing and monitored by the department for compliance.
SECTION 1. It is the intent of the Legislature
to later amend this bill to provide a cost-effective method for the
use and delivery of pharmaceuticals within the prison system.