Amended in Assembly April 1, 2014

Amended in Assembly March 18, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1535


Introduced by Assembly Member Bloom

(Coauthor: Senator Pavley)

January 21, 2014


An act to add Section 4052.01 to the Business and Professions Code, relating to pharmacists.

LEGISLATIVE COUNSEL’S DIGEST

AB 1535, as amended, Bloom. Pharmacists: naloxone hydrochloride.

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law, generally, authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription. Existing law authorizes a pharmacist to furnish emergency contraceptives and hormonal contraceptives pursuant to standardized procedures or protocols developed and approved by both the board and the Medical Board of California, as specified, or developed by the pharmacist and an authorized prescriber. Existing law also authorizes a pharmacist to furnish nicotine replacement products pursuant to standardized procedures or protocols developed and approved by both the board and the Medical Board of California, as specified. Existing law authorizes a licensed health care provider who is permitted to prescribe an opioid antagonist and is acting with reasonable care to prescribe and dispense or distribute an opioid antagonist for the treatment of an opioid overdose to a person at risk of an opioid-related overdose or a family member, friend, or other person in a position to assist a person at risk of an opioid-related overdose.

This bill would authorize a pharmacist to furnish naloxone hydrochloride in accordance with standardized procedures or protocolsbegin delete developed by the pharmacist and an authorized prescriber orend delete developed and approved by both the board and the Medical Board of Californiabegin insert, in consultation with specified entitiesend insert. The bill would require the board and the Medical Board of California, in developing those procedures and protocols, tobegin delete considerend deletebegin insert includeend insert proceduresbegin insert requiring the pharmacist to provide a consultationend insert to ensurebegin insert theend insert education of the person to whom the drug is furnished, as specifiedbegin insert, and notification of the patient’s primary care provider of drugs or devices furnished to the patient, as specified. The bill would prohibit a pharmacist furnishing naloxone hydrochloride pursuant to its provisions from permitting the person to whom the drug is furnished to waive the consultation described aboveend insert. The bill would require a pharmacist to complete a training program on the use of opioid antagonists prior to performing this procedure. The bill would require each board to enforce these provisions with respect to its respective licensees.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 4052.01 is added to the Business and
2Professions Code
, to read:

3

4052.01.  

(a) Notwithstanding any other provision of law, a
4pharmacist may furnish naloxone hydrochloride in accordance
5withbegin delete either of the following:end delete

begin delete

6(1) Standardized procedures or protocols developed by the
7pharmacist and an authorized prescriber who is acting within his
8or her scope of practice.

end delete

9begin delete(2)end deletebegin deleteend deletebegin deleteStandardizedend deletebegin insert standardizedend insert procedures or protocols developed
10and approved by both the board and the Medical Board of
11Californiabegin insert, in consultation with the California Society of Addiction
12Medicine, the California Pharmacists Association, and other
13appropriate entitiesend insert
. In developingbegin insert thoseend insert standardized procedures
14orbegin delete protocols pursuant to this paragraph,end deletebegin insert protocols,end insert the board and
15the Medical Board of California shallbegin delete consider proceduresend deletebegin insert include
16the following:end insert

P3    1begin insert(1)end insertbegin insertend insertbegin insertProceduresend insert to ensure education of the person to whom the
2drug is furnished, including, but not limited to, opioid overdose
3prevention, recognition, and response, safe administration of
4naloxone hydrochloride, potential side effects or adverse events,
5and the imperative to seek emergency medical care for the patient.

begin insert

6(2) Procedures to ensure the education of the person to whom
7the drug is furnished regarding the availability of drug treatment
8programs.

end insert
begin insert

9(3) Procedures for the notification of the patient’s primary care
10provider with patient consent of any drugs or devices furnished to
11the patient, or entry of appropriate information in a patient record
12system shared with the primary care provider, as permitted by that
13primary care provider, and with patient consent.

end insert
begin insert

14(b) A pharmacist furnishing naloxone hydrochloride pursuant
15to this section shall not permit the person to whom the drug is
16furnished to waive the consultation required by the board and the
17Medical Board of California.

end insert
begin delete

18(b)

end delete

19begin insert(c)end insert Prior to performing a procedure authorized under this section,
20a pharmacist shall complete a training program on the use of opioid
21antagonists that consists of at least one hour of approved continuing
22education on the use of naloxone hydrochloride.

begin delete

23(c)

end delete

24begin insert(d)end insert The board and the Medical Board of California are each
25authorized to ensure compliance with this section. Each board is
26specifically charged with enforcing this section with respect to its
27 respective licensees. This sectionbegin delete shallend deletebegin insert doesend insert notbegin delete be construed toend delete
28 expand the authority of a pharmacist to prescribe anybegin delete other drugend delete
29begin insert prescription medicationend insert.



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