California Senate Bill SB204 Amended / Bill

 BILL NUMBER: SB 204AMENDED BILL TEXT AMENDED IN SENATE MAY 23, 2013 AMENDED IN SENATE APRIL 24, 2013 INTRODUCED BY Senator Corbett FEBRUARY 8, 2013 An act to add Section 4076.3 to the Business and Professions Code, relating to pharmacy. LEGISLATIVE COUNSEL'S DIGEST SB 204, as amended, Corbett. Prescription drugs: labeling. The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law prohibits a pharmacist from dispensing any prescription unless it is in a specified container that is correctly labeled to include, among other information, the directions for the use of the drug. A violation of the Pharmacy Law is a crime. This bill would, commencing January 1, 2016, require  a pharmacist to   use  translations of the directions for use in non-English languages published on the board's Internet Web site  to be used  , as applicable, when labeling a prescription container.  The bill would, notwithstanding these provisions, authorize a pharmacy to provide its own translations of the directions for use established by regulation of the board in the non-English languages published on the board's Internet Web site.  The bill would authorize  a pharmacist to translate  the directions for  use   use, as specified, to be translated  into additional non-English languages if certified translation services are utilized to complete the additional translations.  The bill would authorize a pharmacist to provide the English language directions for use, as specified, if he or she reasonably believes a translation of the directions for use contains an error due to software or equipment malfunction. The bill would also provide that a pharmacist that reasonably uses the translati   ons of the directions for use in non-English languages published on the board's Internet Web site has not breached his or her legal duty if the published translations contain an error and the pharmacist did not know, or did not have reason to know, of the error.  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 4076.3 is added to the Business and Professions Code, to read: 4076.3. (a)  A pharmacist shall use translations   Translations  of the directions for use in non-English languages published on the board's Internet Web site  shall be used  , as applicable, when labeling a prescription container pursuant to Section 4076. (b)  A pharmacist may translate the   The    directions for use  established by regulation of the board may be translated  into additional non-English languages if certified translation services are utilized to complete the additional translations.  (c) Notwithstanding subdivision (a), a pharmacy may provide its own translations of the directions for use established by regulation of the board in the non-English languages published on the board's Internet Web site when labeling a prescription container pursuant to Section 4076.   (d) If a pharmacist reasonably believes that a translation of the directions for use contains an error due to software or equipment malfunction, he or she may provide the English language directions for use established by regulation of the board pursuant to Section 4076.   (e) A pharmacist that reasonably uses the translations of the directions for use in non-English languages published on the board's Internet Web site has not breached his or her legal duty if the published translations contain an error and the pharmacist did not know, or did not have reason to know, of the error.   (c)   (f)  This section shall become operative on January 1, 2016. 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.