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1 | + | Amended IN Senate March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1229Introduced by Senator StoneFebruary 15, 2018 An act to add Section 4079 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 1229, as amended, Stone. Pharmacists: opioid medications: consultation.Existing law, the Pharmacy Law, a knowing violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription under specified circumstances, and requires a pharmacist to use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions. Existing regulatory law requires a pharmacist to provide oral consultation to a patient upon the patients request or whenever the pharmacist, in his or her professional judgment, deems it warranted.This bill would require a pharmacist to provide oral consultation to a patient or the patients agent before dispensing any opioid medication in accordance with regulations adopted by the board. board, except as specified. Because a knowing violation of the bills provisions 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4079 is added to the Business and Professions Code, to read:4079. (a) A pharmacist shall provide oral consultation to a patient or the patients agent before dispensing any opioid medication. The consultation shall be a condition of obtaining the opioid medication and the patient or the patients agent may not decline the consultation.(b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, hospital pharmacy has the same meaning as that term is defined in Section 4029. (b)(c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
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3 | - | ||
3 | + | Amended IN Senate March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1229Introduced by Senator StoneFebruary 15, 2018 An act to add Section 4079 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 1229, as amended, Stone. Pharmacists: opioid medications: consultation.Existing law, the Pharmacy Law, a knowing violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription under specified circumstances, and requires a pharmacist to use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions. Existing regulatory law requires a pharmacist to provide oral consultation to a patient upon the patients request or whenever the pharmacist, in his or her professional judgment, deems it warranted.This bill would require a pharmacist to provide oral consultation to a patient or the patients agent before dispensing any opioid medication in accordance with regulations adopted by the board. board, except as specified. Because a knowing violation of the bills provisions 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
4 | 4 | ||
5 | - | ||
5 | + | Amended IN Senate March 19, 2018 | |
6 | 6 | ||
7 | - | Amended IN Senate April 09, 2018 | |
8 | 7 | Amended IN Senate March 19, 2018 | |
9 | 8 | ||
10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
11 | 10 | ||
12 | 11 | Senate Bill No. 1229 | |
13 | 12 | ||
14 | 13 | Introduced by Senator StoneFebruary 15, 2018 | |
15 | 14 | ||
16 | 15 | Introduced by Senator Stone | |
17 | 16 | February 15, 2018 | |
18 | 17 | ||
19 | 18 | An act to add Section 4079 to the Business and Professions Code, relating to healing arts. | |
20 | 19 | ||
21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
22 | 21 | ||
23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
24 | 23 | ||
25 | 24 | SB 1229, as amended, Stone. Pharmacists: opioid medications: consultation. | |
26 | 25 | ||
27 | - | Existing law, the Pharmacy Law, a knowing violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing | |
26 | + | Existing law, the Pharmacy Law, a knowing violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription under specified circumstances, and requires a pharmacist to use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions. Existing regulatory law requires a pharmacist to provide oral consultation to a patient upon the patients request or whenever the pharmacist, in his or her professional judgment, deems it warranted.This bill would require a pharmacist to provide oral consultation to a patient or the patients agent before dispensing any opioid medication in accordance with regulations adopted by the board. board, except as specified. Because a knowing violation of the bills provisions 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. | |
28 | 27 | ||
29 | - | Existing law, the Pharmacy Law, a knowing violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing | |
28 | + | Existing law, the Pharmacy Law, a knowing violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription under specified circumstances, and requires a pharmacist to use professional judgment to provide a patient with directions for use that enhance the patients understanding of those directions. Existing regulatory law requires a pharmacist to provide oral consultation to a patient upon the patients request or whenever the pharmacist, in his or her professional judgment, deems it warranted. | |
30 | 29 | ||
31 | - | This bill | |
30 | + | This bill would require a pharmacist to provide oral consultation to a patient or the patients agent before dispensing any opioid medication in accordance with regulations adopted by the board. board, except as specified. Because a knowing violation of the bills provisions would be a crime, the bill would impose a state-mandated local program. | |
32 | 31 | ||
33 | 32 | 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. | |
34 | 33 | ||
35 | 34 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
36 | 35 | ||
37 | 36 | ## Digest Key | |
38 | 37 | ||
39 | 38 | ## Bill Text | |
40 | 39 | ||
41 | - | The people of the State of California do enact as follows:SECTION 1. Section 4079 is added to the Business and Professions Code, to read:4079. (a) A pharmacist shall provide oral consultation | |
40 | + | The people of the State of California do enact as follows:SECTION 1. Section 4079 is added to the Business and Professions Code, to read:4079. (a) A pharmacist shall provide oral consultation to a patient or the patients agent before dispensing any opioid medication. The consultation shall be a condition of obtaining the opioid medication and the patient or the patients agent may not decline the consultation.(b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, hospital pharmacy has the same meaning as that term is defined in Section 4029. (b)(c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
42 | 41 | ||
43 | 42 | The people of the State of California do enact as follows: | |
44 | 43 | ||
45 | 44 | ## The people of the State of California do enact as follows: | |
46 | 45 | ||
47 | - | SECTION 1. Section 4079 is added to the Business and Professions Code, to read:4079. (a) A pharmacist shall provide oral consultation | |
46 | + | SECTION 1. Section 4079 is added to the Business and Professions Code, to read:4079. (a) A pharmacist shall provide oral consultation to a patient or the patients agent before dispensing any opioid medication. The consultation shall be a condition of obtaining the opioid medication and the patient or the patients agent may not decline the consultation.(b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, hospital pharmacy has the same meaning as that term is defined in Section 4029. (b)(c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation. | |
48 | 47 | ||
49 | 48 | SECTION 1. Section 4079 is added to the Business and Professions Code, to read: | |
50 | 49 | ||
51 | 50 | ### SECTION 1. | |
52 | 51 | ||
53 | - | 4079. (a) A pharmacist shall provide oral consultation | |
52 | + | 4079. (a) A pharmacist shall provide oral consultation to a patient or the patients agent before dispensing any opioid medication. The consultation shall be a condition of obtaining the opioid medication and the patient or the patients agent may not decline the consultation.(b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, hospital pharmacy has the same meaning as that term is defined in Section 4029. (b)(c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation. | |
54 | 53 | ||
55 | - | 4079. (a) A pharmacist shall provide oral consultation | |
54 | + | 4079. (a) A pharmacist shall provide oral consultation to a patient or the patients agent before dispensing any opioid medication. The consultation shall be a condition of obtaining the opioid medication and the patient or the patients agent may not decline the consultation.(b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, hospital pharmacy has the same meaning as that term is defined in Section 4029. (b)(c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation. | |
56 | 55 | ||
57 | - | 4079. (a) A pharmacist shall provide oral consultation | |
56 | + | 4079. (a) A pharmacist shall provide oral consultation to a patient or the patients agent before dispensing any opioid medication. The consultation shall be a condition of obtaining the opioid medication and the patient or the patients agent may not decline the consultation.(b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, hospital pharmacy has the same meaning as that term is defined in Section 4029. (b)(c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation. | |
58 | 57 | ||
59 | 58 | ||
60 | 59 | ||
61 | - | 4079. (a) A pharmacist shall provide oral consultation | |
60 | + | 4079. (a) A pharmacist shall provide oral consultation to a patient or the patients agent before dispensing any opioid medication. The consultation shall be a condition of obtaining the opioid medication and the patient or the patients agent may not decline the consultation. | |
62 | 61 | ||
63 | 62 | (b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, hospital pharmacy has the same meaning as that term is defined in Section 4029. | |
63 | + | ||
64 | + | (b) | |
65 | + | ||
66 | + | ||
64 | 67 | ||
65 | 68 | (c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation. | |
66 | 69 | ||
67 | 70 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
68 | 71 | ||
69 | 72 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
70 | 73 | ||
71 | 74 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
72 | 75 | ||
73 | 76 | ### SEC. 2. |