California 2017-2018 Regular Session

California Senate Bill SB1229 Compare Versions

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1-Amended IN Senate April 09, 2018 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 A knowing violation of that law is a misdemeanor. That 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 bill, except as specified, would require a pharmacist pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, to provide oral consultation to a patient or the patients agent before dispensing any opioid medication the medication, in accordance with regulations to be adopted by the board, except as specified. board. The bill would prohibit the pharmacist from dispensing the medication if the patient or the patients agent declines the consultation. 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 pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patients agent may not decline declines 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. (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.
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- Amended IN Senate April 09, 2018 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 A knowing violation of that law is a misdemeanor. That 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 bill, except as specified, would require a pharmacist pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, to provide oral consultation to a patient or the patients agent before dispensing any opioid medication the medication, in accordance with regulations to be adopted by the board, except as specified. board. The bill would prohibit the pharmacist from dispensing the medication if the patient or the patients agent declines the consultation. 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
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
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5- Amended IN Senate April 09, 2018 Amended IN Senate March 19, 2018
5+ Amended IN Senate March 19, 2018
66
7-Amended IN Senate April 09, 2018
87 Amended IN Senate March 19, 2018
98
109 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1110
1211 Senate Bill No. 1229
1312
1413 Introduced by Senator StoneFebruary 15, 2018
1514
1615 Introduced by Senator Stone
1716 February 15, 2018
1817
1918 An act to add Section 4079 to the Business and Professions Code, relating to healing arts.
2019
2120 LEGISLATIVE COUNSEL'S DIGEST
2221
2322 ## LEGISLATIVE COUNSEL'S DIGEST
2423
2524 SB 1229, as amended, Stone. Pharmacists: opioid medications: consultation.
2625
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 A knowing violation of that law is a misdemeanor. That 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 bill, except as specified, would require a pharmacist pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, to provide oral consultation to a patient or the patients agent before dispensing any opioid medication the medication, in accordance with regulations to be adopted by the board, except as specified. board. The bill would prohibit the pharmacist from dispensing the medication if the patient or the patients agent declines the consultation. 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.
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.
2827
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 A knowing violation of that law is a misdemeanor. That 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.
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.
3029
31-This bill bill, except as specified, would require a pharmacist pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, to provide oral consultation to a patient or the patients agent before dispensing any opioid medication the medication, in accordance with regulations to be adopted by the board, except as specified. board. The bill would prohibit the pharmacist from dispensing the medication if the patient or the patients agent declines the consultation. Because a knowing violation of the bills provisions would be a crime, the bill would impose a state-mandated local program.
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.
3231
3332 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.
3433
3534 This bill would provide that no reimbursement is required by this act for a specified reason.
3635
3736 ## Digest Key
3837
3938 ## Bill Text
4039
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 pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patients agent may not decline declines 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. (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.
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.
4241
4342 The people of the State of California do enact as follows:
4443
4544 ## The people of the State of California do enact as follows:
4645
47-SECTION 1. Section 4079 is added to the Business and Professions Code, to read:4079. (a) A pharmacist shall provide oral consultation pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patients agent may not decline declines 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. (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.
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.
4847
4948 SECTION 1. Section 4079 is added to the Business and Professions Code, to read:
5049
5150 ### SECTION 1.
5251
53-4079. (a) A pharmacist shall provide oral consultation pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patients agent may not decline declines 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. (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.
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.
5453
55-4079. (a) A pharmacist shall provide oral consultation pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patients agent may not decline declines 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. (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+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.
5655
57-4079. (a) A pharmacist shall provide oral consultation pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patients agent may not decline declines 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. (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+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.
5857
5958
6059
61-4079. (a) A pharmacist shall provide oral consultation pharmacist, on dispensing any opioid medication to a patient or the patients agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patients agent may not decline declines the 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.
6261
6362 (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+
6467
6568 (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.
6669
6770 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.
6871
6972 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.
7073
7174 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.
7275
7376 ### SEC. 2.