BILL NUMBER: AB 141	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 22, 1999
	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   2004  .  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, 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   2005  , 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.
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  
2004  .
   (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 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   2005  , and on that date is
repealed, unless a later enacted statute that is enacted on or before
that date deletes or extends that date.