BILL NUMBER: AB 141	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Assembly Member Knox

                        JANUARY 11, 1999

   An act to add and repeal Section 4013 of the Business and
Professions Code, relating to pharmacies, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 141, as amended, Knox.  Pharmacies.
   Existing law provides for the California State Board of Pharmacy
to regulate and enforce laws regarding the practice of pharmacy, as
specified. Existing law also provides for the continuous
appropriation of moneys in the Pharmacy Board Contingent Fund for the
purposes of the board.
   This bill would require the board to conduct a study regarding the
incidence of medication errors in pharmacies, as specified, and to
report these findings to the Legislature on or before December 1,
2002.   The bill would provide that information collected and
produced in the course of the study be used for research purposes
only and disclosed solely for determining the validity and propriety
of the study.  The bill would require the identity of individual
pharmacists and pharmacies to remain confidential, as specified, and
would prohibit any information, records, or reports received or
generated in connection with the study from being used for
disciplinary purposes, as specified, or from being subject to
discovery in connection with any administrative, civil, or criminal
investigation or proceeding.   The bill would make an
appropriation by expanding the purposes for the expenditure of funds
from the Pharmacy Board Contingent Fund,  and provides
  but would limit the expenditure from the fund for the
study and expenses in connection therewith to $600,000 and would
require the board to reimburse the Pharmacy Board Contingent Fund in
an amount equal to any private funding received for these purposes.
   The bill would provide  for the repeal of these provisions as
of January 1, 2003, unless a later enacted statute deletes or
extends that date.
   Vote:  majority.  Appropriation:  yes.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4013 is added to the Business and Professions
Code, to read:
   4013.  (a) The board shall conduct a study of the incidence of
medication errors in pharmacies in California.  The study shall
employ a methodology that uses "test" prescriptions distributed to a
statistically significant cross section of pharmacies in the state.
 In designing the study, the board shall confer with the
scientific and academic community to ensure that the  
The board shall ensure that the  study is based on sound
scientific and analytic principles.
   The board shall issue a report of its findings from the study to
the Legislature on or before December 1, 2002.
   (b) The purpose of the study described in subdivision (a) is to
measure the frequency and describe the type of medication errors
occurring in California pharmacies and to improve patient safety, and
identify broader issues that may become the basis for instituting
professionwide standards and changes.
   (c) The board shall have the authority to contract with outside
entities to  design the study,  collect and analyze data
 necessary for the study   results, and
disseminate findings  .
   (d) "Test" prescription, as used in this section, refers to a
prescription that is prepared solely for the purposes set out in this
section and issued only according to standards established for the
study conducted pursuant to this section, and not for the actual
medical needs of a patient. All prescription containers, including
all drugs, obtained through such a prescription shall be forwarded to
the board, or its designee immediately after examination for
purposes of the study conducted pursuant to this section and shall
thereafter remain under the board's custody and in its possession
until destroyed.
   (e)  The information collected and produced in the course of
the study shall be used for research purposes only and shall be
disclosed for the sole purpose of determining the validity and
propriety of the study.  The identity of individual pharmacists and
pharmacies shall remain confidential and shall not be disclosed to
any person or private, public, or other governmental entity.  No
information derived from the study shall be used for disciplinary
purposes by the board or any other government agency.  The
information, records, and reports received or generated in connection
with the study shall not be subject to disclosure or discovery in
connection with any administrative, civil or criminal investigation
or proceeding.
   (f) Up to six hundred thousand dollars ($600,000) may be expended
from the Pharmacy Board Contingent Fund by the California State Board
of Pharmacy for the purpose of conducting the study required by this
section and meeting the State Board of Pharmacy's expenses in regard
therewith.  The board shall reimburse the Pharmacy Board Contingent
Fund in an amount equal to any private funding obtained by the board
for these purposes.
   (g)  This section shall cease to be operative on January 1,
2003, and on that date is repealed, unless a later enacted statute
that is enacted on or before that date deletes or extends that date.