California Assembly Bill AB1136 Introduced / Bill

 BILL NUMBER: AB 1136INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Levine FEBRUARY 22, 2013 An act to amend Section 4074 of the Business and Professions Code, relating to pharmacy. LEGISLATIVE COUNSEL'S DIGEST AB 1136, as introduced, Levine. Pharmacists: drug disclosures. The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Under existing law, in certain instances, if a prescription drug poses a substantial risk to the person consuming the drug when taken in combination with alcohol or if the drug may impair a person's ability to drive a motor vehicle, a pharmacist is required to inform the patient orally or in writing of those harmful effects when the drug is dispensed. A violation of the Pharmacy Law is a crime. This bill would delete the requirement that the disclosure of harmful effects be performed orally or in writing. The bill would, in addition to that disclosure, require the pharmacist to include a written label on the drug container indicating the substantial risk to the person consuming the drug. Because a violation of this requirement would be a crime, the 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4074 of the Business and Professions Code is amended to read: 4074. (a)  (1)    A pharmacist shall inform a patient  orally or in writing  of the harmful effects of a drug dispensed by prescription if  the   both of the following apply:   (A)     The  drug poses substantial risk to the person consuming the drug when taken in combination with alcohol or  if  the drug may impair a person's ability to drive a motor vehicle, whichever is applicable  , and provided the   .   (B)     The  drug is determined by the board pursuant to subdivision (b) to be a drug or drug type for which this warning shall be given.  (2) The pharmacist shall include a written label on the drug container indicating the substantial risk to the person consuming the drug, including the impairment of a person's ability to drive a vehicle.  (b) The board may by regulation require additional information or labeling. (c) This section shall not apply to  drugs   a drug  furnished to  patients   a patient  in conjunction with treatment or emergency services provided in  a  health  facilities   facility  or, except as provided in subdivision (d), to  drugs   a drug  furnished to  patients  a patient  pursuant to subdivision (a) of Section 4056. (d) A health facility shall establish and implement a written policy to ensure that each patient shall receive information regarding each  medication   drug  given at the time of discharge and each  medication   drug  given pursuant to subdivision (a) of Section 4056. This information shall include the use and storage of each  medication   drug  , the precautions and relevant warnings, and the importance of compliance with directions. This information shall be given by a pharmacist or registered nurse, unless already provided by a patient's prescriber, and the written policy shall be developed in collaboration with a physician, a pharmacist, and a registered nurse. The written policy shall be approved by the medical staff. Nothing in this subdivision or any other  provision of  law shall be construed to require that only a pharmacist provide this consultation. SEC. 2. 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.