California 2017 2017-2018 Regular Session

California Senate Bill SB1254 Amended / Bill

Filed 05/01/2018

                    Amended IN  Senate  May 01, 2018 Amended IN  Senate  April 18, 2018 Amended IN  Senate  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1254Introduced by Senator StoneFebruary 15, 2018 An act to add Section 4118.5 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 1254, as amended, Stone. Hospital pharmacies: medication profiles or lists for high-risk patients.Existing law, the Pharmacy Law, a willful violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists, intern pharmacists, pharmacy technicians, and pharmacies by the California State Board of Pharmacy. Existing regulatory law requires a pharmacy to maintain medication profiles on all patients who have prescriptions filled at that pharmacy, except under specified circumstances.This bill would require a pharmacist at a hospital pharmacy to obtain an accurate medication profile or list for each high-risk patient upon admission of the patient under specified circumstances. The bill would authorize an intern pharmacist or a pharmacy technician to perform the task of obtaining an accurate medication profile or list for a high-risk patient if certain conditions are satisfied. The bill would require the hospital to determine what constitutes a high-risk patient for purposes of the bills provisions based on the populations served by the hospital.By placing new requirements on a pharmacist, this bill would expand the scope of an existing crime and would, therefore, 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 4118.5 is added to the Business and Professions Code, to read:4118.5. (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission of the high-risk patient under the following conditions:(1) The hospital has more than 100 beds.(2) The accurate medication profile or list may be acquired by the pharmacist during the hospital pharmacys hours of operation.(b) Notwithstanding any other law, a pharmacy technician or a pharmacy an intern pharmacist may perform the task of obtaining an accurate medication profile or list for a high-risk patient if all of the following conditions are satisfied:(1) The hospital pharmacy has a quality assurance program, which is under the direction of the pharmacist-in-charge, to monitor competency.(2) The hospital has established policies and procedures for training and proctoring pharmacy technicians or pharmacy interns intern pharmacists by the hospital pharmacy department and the pharmacy technician or pharmacy intern pharmacist has completed that training and proctoring.(3) If a pharmacy technicians only function is to obtain accurate medication profiles or lists pursuant to this section, the hospital does not include the pharmacy technician for purposes of calculating the hospitals pharmacist-to-technician ratio.(c) The hospital shall establish criteria regarding who is a high-risk patient for purposes of this section based on the patient populations served by the hospital.(d) The board may adopt rules and regulations to carry out the purposes and objectives of this section.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.

 Amended IN  Senate  May 01, 2018 Amended IN  Senate  April 18, 2018 Amended IN  Senate  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1254Introduced by Senator StoneFebruary 15, 2018 An act to add Section 4118.5 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 1254, as amended, Stone. Hospital pharmacies: medication profiles or lists for high-risk patients.Existing law, the Pharmacy Law, a willful violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists, intern pharmacists, pharmacy technicians, and pharmacies by the California State Board of Pharmacy. Existing regulatory law requires a pharmacy to maintain medication profiles on all patients who have prescriptions filled at that pharmacy, except under specified circumstances.This bill would require a pharmacist at a hospital pharmacy to obtain an accurate medication profile or list for each high-risk patient upon admission of the patient under specified circumstances. The bill would authorize an intern pharmacist or a pharmacy technician to perform the task of obtaining an accurate medication profile or list for a high-risk patient if certain conditions are satisfied. The bill would require the hospital to determine what constitutes a high-risk patient for purposes of the bills provisions based on the populations served by the hospital.By placing new requirements on a pharmacist, this bill would expand the scope of an existing crime and would, therefore, 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 

 Amended IN  Senate  May 01, 2018 Amended IN  Senate  April 18, 2018 Amended IN  Senate  April 02, 2018

Amended IN  Senate  May 01, 2018
Amended IN  Senate  April 18, 2018
Amended IN  Senate  April 02, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 1254

Introduced by Senator StoneFebruary 15, 2018

Introduced by Senator Stone
February 15, 2018

 An act to add Section 4118.5 to the Business and Professions Code, relating to healing arts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1254, as amended, Stone. Hospital pharmacies: medication profiles or lists for high-risk patients.

Existing law, the Pharmacy Law, a willful violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists, intern pharmacists, pharmacy technicians, and pharmacies by the California State Board of Pharmacy. Existing regulatory law requires a pharmacy to maintain medication profiles on all patients who have prescriptions filled at that pharmacy, except under specified circumstances.This bill would require a pharmacist at a hospital pharmacy to obtain an accurate medication profile or list for each high-risk patient upon admission of the patient under specified circumstances. The bill would authorize an intern pharmacist or a pharmacy technician to perform the task of obtaining an accurate medication profile or list for a high-risk patient if certain conditions are satisfied. The bill would require the hospital to determine what constitutes a high-risk patient for purposes of the bills provisions based on the populations served by the hospital.By placing new requirements on a pharmacist, this bill would expand the scope of an existing crime and would, therefore, 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.

Existing law, the Pharmacy Law, a willful violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists, intern pharmacists, pharmacy technicians, and pharmacies by the California State Board of Pharmacy. Existing regulatory law requires a pharmacy to maintain medication profiles on all patients who have prescriptions filled at that pharmacy, except under specified circumstances.

This bill would require a pharmacist at a hospital pharmacy to obtain an accurate medication profile or list for each high-risk patient upon admission of the patient under specified circumstances. The bill would authorize an intern pharmacist or a pharmacy technician to perform the task of obtaining an accurate medication profile or list for a high-risk patient if certain conditions are satisfied. The bill would require the hospital to determine what constitutes a high-risk patient for purposes of the bills provisions based on the populations served by the hospital.

By placing new requirements on a pharmacist, this bill would expand the scope of an existing crime and would, therefore, 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

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4118.5 is added to the Business and Professions Code, to read:4118.5. (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission of the high-risk patient under the following conditions:(1) The hospital has more than 100 beds.(2) The accurate medication profile or list may be acquired by the pharmacist during the hospital pharmacys hours of operation.(b) Notwithstanding any other law, a pharmacy technician or a pharmacy an intern pharmacist may perform the task of obtaining an accurate medication profile or list for a high-risk patient if all of the following conditions are satisfied:(1) The hospital pharmacy has a quality assurance program, which is under the direction of the pharmacist-in-charge, to monitor competency.(2) The hospital has established policies and procedures for training and proctoring pharmacy technicians or pharmacy interns intern pharmacists by the hospital pharmacy department and the pharmacy technician or pharmacy intern pharmacist has completed that training and proctoring.(3) If a pharmacy technicians only function is to obtain accurate medication profiles or lists pursuant to this section, the hospital does not include the pharmacy technician for purposes of calculating the hospitals pharmacist-to-technician ratio.(c) The hospital shall establish criteria regarding who is a high-risk patient for purposes of this section based on the patient populations served by the hospital.(d) The board may adopt rules and regulations to carry out the purposes and objectives of this section.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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4118.5 is added to the Business and Professions Code, to read:4118.5. (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission of the high-risk patient under the following conditions:(1) The hospital has more than 100 beds.(2) The accurate medication profile or list may be acquired by the pharmacist during the hospital pharmacys hours of operation.(b) Notwithstanding any other law, a pharmacy technician or a pharmacy an intern pharmacist may perform the task of obtaining an accurate medication profile or list for a high-risk patient if all of the following conditions are satisfied:(1) The hospital pharmacy has a quality assurance program, which is under the direction of the pharmacist-in-charge, to monitor competency.(2) The hospital has established policies and procedures for training and proctoring pharmacy technicians or pharmacy interns intern pharmacists by the hospital pharmacy department and the pharmacy technician or pharmacy intern pharmacist has completed that training and proctoring.(3) If a pharmacy technicians only function is to obtain accurate medication profiles or lists pursuant to this section, the hospital does not include the pharmacy technician for purposes of calculating the hospitals pharmacist-to-technician ratio.(c) The hospital shall establish criteria regarding who is a high-risk patient for purposes of this section based on the patient populations served by the hospital.(d) The board may adopt rules and regulations to carry out the purposes and objectives of this section.

SECTION 1. Section 4118.5 is added to the Business and Professions Code, to read:

### SECTION 1.

4118.5. (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission of the high-risk patient under the following conditions:(1) The hospital has more than 100 beds.(2) The accurate medication profile or list may be acquired by the pharmacist during the hospital pharmacys hours of operation.(b) Notwithstanding any other law, a pharmacy technician or a pharmacy an intern pharmacist may perform the task of obtaining an accurate medication profile or list for a high-risk patient if all of the following conditions are satisfied:(1) The hospital pharmacy has a quality assurance program, which is under the direction of the pharmacist-in-charge, to monitor competency.(2) The hospital has established policies and procedures for training and proctoring pharmacy technicians or pharmacy interns intern pharmacists by the hospital pharmacy department and the pharmacy technician or pharmacy intern pharmacist has completed that training and proctoring.(3) If a pharmacy technicians only function is to obtain accurate medication profiles or lists pursuant to this section, the hospital does not include the pharmacy technician for purposes of calculating the hospitals pharmacist-to-technician ratio.(c) The hospital shall establish criteria regarding who is a high-risk patient for purposes of this section based on the patient populations served by the hospital.(d) The board may adopt rules and regulations to carry out the purposes and objectives of this section.

4118.5. (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission of the high-risk patient under the following conditions:(1) The hospital has more than 100 beds.(2) The accurate medication profile or list may be acquired by the pharmacist during the hospital pharmacys hours of operation.(b) Notwithstanding any other law, a pharmacy technician or a pharmacy an intern pharmacist may perform the task of obtaining an accurate medication profile or list for a high-risk patient if all of the following conditions are satisfied:(1) The hospital pharmacy has a quality assurance program, which is under the direction of the pharmacist-in-charge, to monitor competency.(2) The hospital has established policies and procedures for training and proctoring pharmacy technicians or pharmacy interns intern pharmacists by the hospital pharmacy department and the pharmacy technician or pharmacy intern pharmacist has completed that training and proctoring.(3) If a pharmacy technicians only function is to obtain accurate medication profiles or lists pursuant to this section, the hospital does not include the pharmacy technician for purposes of calculating the hospitals pharmacist-to-technician ratio.(c) The hospital shall establish criteria regarding who is a high-risk patient for purposes of this section based on the patient populations served by the hospital.(d) The board may adopt rules and regulations to carry out the purposes and objectives of this section.

4118.5. (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission of the high-risk patient under the following conditions:(1) The hospital has more than 100 beds.(2) The accurate medication profile or list may be acquired by the pharmacist during the hospital pharmacys hours of operation.(b) Notwithstanding any other law, a pharmacy technician or a pharmacy an intern pharmacist may perform the task of obtaining an accurate medication profile or list for a high-risk patient if all of the following conditions are satisfied:(1) The hospital pharmacy has a quality assurance program, which is under the direction of the pharmacist-in-charge, to monitor competency.(2) The hospital has established policies and procedures for training and proctoring pharmacy technicians or pharmacy interns intern pharmacists by the hospital pharmacy department and the pharmacy technician or pharmacy intern pharmacist has completed that training and proctoring.(3) If a pharmacy technicians only function is to obtain accurate medication profiles or lists pursuant to this section, the hospital does not include the pharmacy technician for purposes of calculating the hospitals pharmacist-to-technician ratio.(c) The hospital shall establish criteria regarding who is a high-risk patient for purposes of this section based on the patient populations served by the hospital.(d) The board may adopt rules and regulations to carry out the purposes and objectives of this section.



4118.5. (a) A pharmacist at a hospital pharmacy shall obtain an accurate medication profile or list for each high-risk patient upon admission of the high-risk patient under the following conditions:

(1) The hospital has more than 100 beds.

(2) The accurate medication profile or list may be acquired by the pharmacist during the hospital pharmacys hours of operation.

(b) Notwithstanding any other law, a pharmacy technician or a pharmacy an intern pharmacist may perform the task of obtaining an accurate medication profile or list for a high-risk patient if all of the following conditions are satisfied:

(1) The hospital pharmacy has a quality assurance program, which is under the direction of the pharmacist-in-charge, to monitor competency.

(2) The hospital has established policies and procedures for training and proctoring pharmacy technicians or pharmacy interns intern pharmacists by the hospital pharmacy department and the pharmacy technician or pharmacy intern pharmacist has completed that training and proctoring.

(3) If a pharmacy technicians only function is to obtain accurate medication profiles or lists pursuant to this section, the hospital does not include the pharmacy technician for purposes of calculating the hospitals pharmacist-to-technician ratio.

(c) The hospital shall establish criteria regarding who is a high-risk patient for purposes of this section based on the patient populations served by the hospital.

(d) The board may adopt rules and regulations to carry out the purposes and objectives of this section.

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.

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.

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.

### SEC. 2.