BILL NUMBER: SB 364	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 25, 2009

   An act  to add Section 1285.5 to the Health and Safety Code,
  relating to  pharmacy   health facilities
 .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 364, as amended, Florez.  Pharmacies.  
Health facilities: cancer centers.  
   Under existing law, the State Department of Public Health is
responsible for licensing and regulating health facilities, including
general acute care hospitals. Violation of these provisions is a
crime.  
   This bill would prohibit an officer, director, or member of a
governing board of a general acute care hospital that is designated
by the National Cancer Institute as a comprehensive cancer center and
that accepts state funds from holding a position as an officer,
director, or member of a government board of a corporation that
either manufactures or sells tobacco products or that has violated
federal or state controlled substances laws or regulations. By
creating a new crime, this 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.  
   Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacies by the California State Board of Pharmacy.
Existing law prohibits a person, other than a pharmacist or other
specified persons, from being in a specified area where controlled
substances or dangerous drugs or dangerous devices are stored,
possessed, prepared, manufactured, derived, compounded, dispensed, or
repackaged.  
   This bill would declare the intent of the Legislature to enact
legislation authorizing the imposition of specified penalties on a
pharmacy that fails to safeguard controlled substances, as specified.

   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.    The Legislature finds and declares all of
the following:
   (a) Cancer research and treatment ensures the development of cures
for many life-threatening diseases.
   (b) Consumption of tobacco products, particularly by minors, is a
leading cause of cancer.
   (c) California, through the Medi-Cal program, provides several
millions of dollars each year for cancer treatment and research to
general acute care hospitals that are designated by the National
Cancer Institute as comprehensive cancer centers.
   (d) California advocates, as a matter of public policy, reduction
in overall tobacco consumption and prohibits tobacco consumption near
public thoroughfares.
   (e) General acute care hospitals that are designated as
comprehensive cancer centers also take steps to educate the public
about the dangers of tobacco use.
   (f) It is misleading for a general acute care hospital that is
designated as a comprehensive cancer center and that is provided
resources by the state to employ officers and directors who profit
from the sale and distribution of tobacco products.
   (g) A general acute care hospital that is designated as a
comprehensive cancer center and that is provided resources by the
state should seek to ensure that its directors and officers do not
profit from the consumption of tobacco products and that its
directors and officers do not render services to corporations that
have violated federal or state laws.  
  SEC. 2.    Section 1285.5 is added to the Health and
Safety Code, to read:
   1285.5.  An officer, director, or member of a governing board of a
general acute care hospital that is designated by the National
Cancer Institute as a comprehensive cancer center to conduct cancer
research and treatment and that accepts state funds shall not hold a
position as either of the following:
   (a) An officer, director, or member of the board, or a similar
position of a corporation that manufactures or sells tobacco
products.
   (b) An officer, director, or member of the board, or a similar
position of a corporation that has violated federal or state
controlled substances laws or regulations or that has been fined for
violating controlled substances laws or regulations.  
  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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would authorize the imposition of specific
penalties on pharmacies that fail to safeguard controlled substances
used to make controlled substances for illegal use.