BILL NUMBER: SB 445INTRODUCED BILL TEXT INTRODUCED BY Senator Price FEBRUARY 21, 2013 An act to amend Section 4121 of the Business and Professions Code, relating to pharmacy. LEGISLATIVE COUNSEL'S DIGEST SB 445, as introduced, Price. Pharmacies: advertising: controlled substances. The Pharmacy Law provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. A knowing violation of the law is a crime. Existing law provides that an advertisement of the retail price for a drug that requires a prescription shall be limited to quantities of the drug that are consistent with good medical practice and shall include the strength, dosage form, and the exact dates during which the advertised price will be in effect, except as specified. This bill would prohibit advertisements by pharmacies that specifically promote the sale or dispensing of any controlled substances, as defined. Because a knowing violation of this provision would be a crime, this 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 4121 of the Business and Professions Code is amended to read: 4121. (a) (1) Notwithstanding Section 651, an advertisement of the retail price for a drug that requires a prescription shall be limited to quantities of the drug that are consistent with good medical practice and shall include the strength, dosage form, and the exact dates during which the advertised price will be in effect.(b)(2) Thissectionsubdivision shall not apply to a pharmacy that is located in a licensed hospital and that is accessible only to hospital medical staff and personnel. (b) Under no circumstances may an advertisement specifically promote the sale or dispensing of any controlled substances. 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.