BILL NUMBER: AB 141	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 16, 1999
	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,
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
  $1,041,000  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, 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, 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)
  one million forty-one thousand dollars ($1,041,000)
 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, 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.