Amended IN Senate March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 528Introduced by Senator StoneFebruary 16, 2017 An act to amend Section 4119.7 of add Section 4119.11 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 528, as amended, Stone. Pharmacy. Pharmacy: automated drug dispensing systems. Existing(1) Existing law, the Pharmacy Law, the violation of which is a crime, provides for the licensing and regulation of pharmacies, pharmacists, intern pharmacists, and pharmacy technicians by the California State Board of Pharmacy. Existing law authorizes a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in a secured emergency pharmaceutical supplies container maintained within the facility in accordance with facility regulations of the State Department of Public Health and other existing law requirements, as specified. The Pharmacy Law authorizes a pharmacy to provide pharmacy services to specified licensed health facilities through the use of an automated drug delivery system. Existing law authorizes a licensed clinic to make use of an automated drug delivery system, operated under the supervision of a pharmacist, but under the clinics license and under which the clinic is responsible for the safety and security of the drugs in the system.This bill would make nonsubstantive changes to the provisions authorizing a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in that facility, as specified. provide an alternative program to authorize a pharmacy to provide pharmacy services to covered entities that are eligible for discount drug programs under federal law, as specified, through the use of an automated drug delivery system, as defined.This bill would provide that, under the alternative program, the responsibility for the safety and security of the drugs in the automated drug delivering system would be the responsibility of the pharmacy, and would increase the level of the pharmacists involvement in the dispensing of drugs from the system.(2) Because this bill would expand the law regarding the use of automated drug delivery systems, the violation of which is a crime, it 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: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4119.11 is added to the Business and Professions Code, immediately following Section 4119.1, to read:4119.11. (a) A pharmacy may provide pharmacy services to an entity that qualifies as a covered entity under Section 340B of the federal Public Health Service Act to purchase and dispense or arrange for the dispensing of drugs purchased at reduced costs under the 340B Drug Pricing Program to its outpatients, through the use of an automated drug dispensing system, located on the premises of the entity, which need not be the same location as the pharmacy, if all of the following conditions are met:(1) The automated drug dispensing system shall be stocked with drugs purchased under the federal 340B Drug Pricing Program, and the pharmacy providing the pharmacy services to the entity shall be under contract with that entity to facilitate its 340B drug program through the use of the automated drug dispensing system to dispense 340B drugs to its eligible outpatients.(2) Drugs shall be released to the patient from the automated drug dispensing system only upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patients profile for potential contraindications and adverse drug reactions.(3) Drugs stored in an automated drug dispensing system shall be part of the inventory of the pharmacy providing pharmacy services to the health center, and drugs dispensed from the automated drug dispensing system shall be considered to have been dispensed by that pharmacy.(4) The pharmacy shall maintain records of the acquisition and disposition of dangerous drugs stored in the automated drug dispensing system separate from other pharmacy records.(5) The pharmacy shall own and shall be solely responsible for the security, operation, and maintenance of the automated drug dispensing system.(6) The pharmacy shall provide training regarding the operation and use of the automated drug dispensing system to both pharmacy and entity personnel using the system.(7) The operation of the automated drug dispensing system shall be under the supervision of a licensed pharmacist acting on behalf of the pharmacy providing services to the health center. The pharmacist need not be physically present at the site of the automated drug dispensing system and may supervise the system electronically.(b) For purposes of this section, an automated drug dispensing system has the same meaning as in subdivision (h) of Section 4186.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.SECTION 1.Section 4119.7 of the Business and Professions Code is amended to read:4119.7.(a)Notwithstanding any other law, a hospital pharmacy serving a health care facility, licensed under subdivision (a) of Section 1250 of the Health and Safety Code, may furnish a dangerous drug or dangerous device pursuant to preprinted or electronic standing orders, order sets, and protocols established under the policies and procedures of the health care facility, as approved according to the policies of the health care facilitys governing body, if the order is dated, timed, and authenticated in the medical record of the patient to whom the dangerous drug or dangerous device will be provided.(b)A health care facility shall store and maintain drugs in accordance with national standards regarding the storage area and refrigerator or freezer temperature, and otherwise pursuant to the manufacturers guidelines. The health care facilitys policies and procedures shall specify these storage parameters.(c)An intern pharmacist under the direct supervision and control, as defined in Section 4023.5, of a pharmacist, may inspect the drugs maintained in the health care facility at least once per month. The health care facility shall establish specific written policies and procedures for inspections pursuant to this subdivision.(d)For purposes of this section, health care facility means a health facility licensed under subdivision (a) of Section 1250 of the Health and Safety Code. Amended IN Senate March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 528Introduced by Senator StoneFebruary 16, 2017 An act to amend Section 4119.7 of add Section 4119.11 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 528, as amended, Stone. Pharmacy. Pharmacy: automated drug dispensing systems. Existing(1) Existing law, the Pharmacy Law, the violation of which is a crime, provides for the licensing and regulation of pharmacies, pharmacists, intern pharmacists, and pharmacy technicians by the California State Board of Pharmacy. Existing law authorizes a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in a secured emergency pharmaceutical supplies container maintained within the facility in accordance with facility regulations of the State Department of Public Health and other existing law requirements, as specified. The Pharmacy Law authorizes a pharmacy to provide pharmacy services to specified licensed health facilities through the use of an automated drug delivery system. Existing law authorizes a licensed clinic to make use of an automated drug delivery system, operated under the supervision of a pharmacist, but under the clinics license and under which the clinic is responsible for the safety and security of the drugs in the system.This bill would make nonsubstantive changes to the provisions authorizing a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in that facility, as specified. provide an alternative program to authorize a pharmacy to provide pharmacy services to covered entities that are eligible for discount drug programs under federal law, as specified, through the use of an automated drug delivery system, as defined.This bill would provide that, under the alternative program, the responsibility for the safety and security of the drugs in the automated drug delivering system would be the responsibility of the pharmacy, and would increase the level of the pharmacists involvement in the dispensing of drugs from the system.(2) Because this bill would expand the law regarding the use of automated drug delivery systems, the violation of which is a crime, it 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: NOYES Local Program: NOYES Amended IN Senate March 28, 2017 Amended IN Senate March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 528 Introduced by Senator StoneFebruary 16, 2017 Introduced by Senator Stone February 16, 2017 An act to amend Section 4119.7 of add Section 4119.11 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 528, as amended, Stone. Pharmacy. Pharmacy: automated drug dispensing systems. Existing(1) Existing law, the Pharmacy Law, the violation of which is a crime, provides for the licensing and regulation of pharmacies, pharmacists, intern pharmacists, and pharmacy technicians by the California State Board of Pharmacy. Existing law authorizes a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in a secured emergency pharmaceutical supplies container maintained within the facility in accordance with facility regulations of the State Department of Public Health and other existing law requirements, as specified. The Pharmacy Law authorizes a pharmacy to provide pharmacy services to specified licensed health facilities through the use of an automated drug delivery system. Existing law authorizes a licensed clinic to make use of an automated drug delivery system, operated under the supervision of a pharmacist, but under the clinics license and under which the clinic is responsible for the safety and security of the drugs in the system.This bill would make nonsubstantive changes to the provisions authorizing a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in that facility, as specified. provide an alternative program to authorize a pharmacy to provide pharmacy services to covered entities that are eligible for discount drug programs under federal law, as specified, through the use of an automated drug delivery system, as defined.This bill would provide that, under the alternative program, the responsibility for the safety and security of the drugs in the automated drug delivering system would be the responsibility of the pharmacy, and would increase the level of the pharmacists involvement in the dispensing of drugs from the system.(2) Because this bill would expand the law regarding the use of automated drug delivery systems, the violation of which is a crime, it 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. Existing (1) Existing law, the Pharmacy Law, the violation of which is a crime, provides for the licensing and regulation of pharmacies, pharmacists, intern pharmacists, and pharmacy technicians by the California State Board of Pharmacy. Existing law authorizes a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in a secured emergency pharmaceutical supplies container maintained within the facility in accordance with facility regulations of the State Department of Public Health and other existing law requirements, as specified. The Pharmacy Law authorizes a pharmacy to provide pharmacy services to specified licensed health facilities through the use of an automated drug delivery system. Existing law authorizes a licensed clinic to make use of an automated drug delivery system, operated under the supervision of a pharmacist, but under the clinics license and under which the clinic is responsible for the safety and security of the drugs in the system. This bill would make nonsubstantive changes to the provisions authorizing a pharmacy to furnish a dangerous drug or dangerous device to a licensed health care facility for storage in that facility, as specified. provide an alternative program to authorize a pharmacy to provide pharmacy services to covered entities that are eligible for discount drug programs under federal law, as specified, through the use of an automated drug delivery system, as defined. This bill would provide that, under the alternative program, the responsibility for the safety and security of the drugs in the automated drug delivering system would be the responsibility of the pharmacy, and would increase the level of the pharmacists involvement in the dispensing of drugs from the system. (2) Because this bill would expand the law regarding the use of automated drug delivery systems, the violation of which is a crime, it 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 ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 4119.11 is added to the Business and Professions Code, immediately following Section 4119.1, to read:4119.11. (a) A pharmacy may provide pharmacy services to an entity that qualifies as a covered entity under Section 340B of the federal Public Health Service Act to purchase and dispense or arrange for the dispensing of drugs purchased at reduced costs under the 340B Drug Pricing Program to its outpatients, through the use of an automated drug dispensing system, located on the premises of the entity, which need not be the same location as the pharmacy, if all of the following conditions are met:(1) The automated drug dispensing system shall be stocked with drugs purchased under the federal 340B Drug Pricing Program, and the pharmacy providing the pharmacy services to the entity shall be under contract with that entity to facilitate its 340B drug program through the use of the automated drug dispensing system to dispense 340B drugs to its eligible outpatients.(2) Drugs shall be released to the patient from the automated drug dispensing system only upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patients profile for potential contraindications and adverse drug reactions.(3) Drugs stored in an automated drug dispensing system shall be part of the inventory of the pharmacy providing pharmacy services to the health center, and drugs dispensed from the automated drug dispensing system shall be considered to have been dispensed by that pharmacy.(4) The pharmacy shall maintain records of the acquisition and disposition of dangerous drugs stored in the automated drug dispensing system separate from other pharmacy records.(5) The pharmacy shall own and shall be solely responsible for the security, operation, and maintenance of the automated drug dispensing system.(6) The pharmacy shall provide training regarding the operation and use of the automated drug dispensing system to both pharmacy and entity personnel using the system.(7) The operation of the automated drug dispensing system shall be under the supervision of a licensed pharmacist acting on behalf of the pharmacy providing services to the health center. The pharmacist need not be physically present at the site of the automated drug dispensing system and may supervise the system electronically.(b) For purposes of this section, an automated drug dispensing system has the same meaning as in subdivision (h) of Section 4186.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.SECTION 1.Section 4119.7 of the Business and Professions Code is amended to read:4119.7.(a)Notwithstanding any other law, a hospital pharmacy serving a health care facility, licensed under subdivision (a) of Section 1250 of the Health and Safety Code, may furnish a dangerous drug or dangerous device pursuant to preprinted or electronic standing orders, order sets, and protocols established under the policies and procedures of the health care facility, as approved according to the policies of the health care facilitys governing body, if the order is dated, timed, and authenticated in the medical record of the patient to whom the dangerous drug or dangerous device will be provided.(b)A health care facility shall store and maintain drugs in accordance with national standards regarding the storage area and refrigerator or freezer temperature, and otherwise pursuant to the manufacturers guidelines. The health care facilitys policies and procedures shall specify these storage parameters.(c)An intern pharmacist under the direct supervision and control, as defined in Section 4023.5, of a pharmacist, may inspect the drugs maintained in the health care facility at least once per month. The health care facility shall establish specific written policies and procedures for inspections pursuant to this subdivision.(d)For purposes of this section, health care facility means a health facility licensed under subdivision (a) of Section 1250 of the Health and Safety Code. 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 4119.11 is added to the Business and Professions Code, immediately following Section 4119.1, to read:4119.11. (a) A pharmacy may provide pharmacy services to an entity that qualifies as a covered entity under Section 340B of the federal Public Health Service Act to purchase and dispense or arrange for the dispensing of drugs purchased at reduced costs under the 340B Drug Pricing Program to its outpatients, through the use of an automated drug dispensing system, located on the premises of the entity, which need not be the same location as the pharmacy, if all of the following conditions are met:(1) The automated drug dispensing system shall be stocked with drugs purchased under the federal 340B Drug Pricing Program, and the pharmacy providing the pharmacy services to the entity shall be under contract with that entity to facilitate its 340B drug program through the use of the automated drug dispensing system to dispense 340B drugs to its eligible outpatients.(2) Drugs shall be released to the patient from the automated drug dispensing system only upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patients profile for potential contraindications and adverse drug reactions.(3) Drugs stored in an automated drug dispensing system shall be part of the inventory of the pharmacy providing pharmacy services to the health center, and drugs dispensed from the automated drug dispensing system shall be considered to have been dispensed by that pharmacy.(4) The pharmacy shall maintain records of the acquisition and disposition of dangerous drugs stored in the automated drug dispensing system separate from other pharmacy records.(5) The pharmacy shall own and shall be solely responsible for the security, operation, and maintenance of the automated drug dispensing system.(6) The pharmacy shall provide training regarding the operation and use of the automated drug dispensing system to both pharmacy and entity personnel using the system.(7) The operation of the automated drug dispensing system shall be under the supervision of a licensed pharmacist acting on behalf of the pharmacy providing services to the health center. The pharmacist need not be physically present at the site of the automated drug dispensing system and may supervise the system electronically.(b) For purposes of this section, an automated drug dispensing system has the same meaning as in subdivision (h) of Section 4186. SECTION 1. Section 4119.11 is added to the Business and Professions Code, immediately following Section 4119.1, to read: ### SECTION 1. 4119.11. (a) A pharmacy may provide pharmacy services to an entity that qualifies as a covered entity under Section 340B of the federal Public Health Service Act to purchase and dispense or arrange for the dispensing of drugs purchased at reduced costs under the 340B Drug Pricing Program to its outpatients, through the use of an automated drug dispensing system, located on the premises of the entity, which need not be the same location as the pharmacy, if all of the following conditions are met:(1) The automated drug dispensing system shall be stocked with drugs purchased under the federal 340B Drug Pricing Program, and the pharmacy providing the pharmacy services to the entity shall be under contract with that entity to facilitate its 340B drug program through the use of the automated drug dispensing system to dispense 340B drugs to its eligible outpatients.(2) Drugs shall be released to the patient from the automated drug dispensing system only upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patients profile for potential contraindications and adverse drug reactions.(3) Drugs stored in an automated drug dispensing system shall be part of the inventory of the pharmacy providing pharmacy services to the health center, and drugs dispensed from the automated drug dispensing system shall be considered to have been dispensed by that pharmacy.(4) The pharmacy shall maintain records of the acquisition and disposition of dangerous drugs stored in the automated drug dispensing system separate from other pharmacy records.(5) The pharmacy shall own and shall be solely responsible for the security, operation, and maintenance of the automated drug dispensing system.(6) The pharmacy shall provide training regarding the operation and use of the automated drug dispensing system to both pharmacy and entity personnel using the system.(7) The operation of the automated drug dispensing system shall be under the supervision of a licensed pharmacist acting on behalf of the pharmacy providing services to the health center. The pharmacist need not be physically present at the site of the automated drug dispensing system and may supervise the system electronically.(b) For purposes of this section, an automated drug dispensing system has the same meaning as in subdivision (h) of Section 4186. 4119.11. (a) A pharmacy may provide pharmacy services to an entity that qualifies as a covered entity under Section 340B of the federal Public Health Service Act to purchase and dispense or arrange for the dispensing of drugs purchased at reduced costs under the 340B Drug Pricing Program to its outpatients, through the use of an automated drug dispensing system, located on the premises of the entity, which need not be the same location as the pharmacy, if all of the following conditions are met:(1) The automated drug dispensing system shall be stocked with drugs purchased under the federal 340B Drug Pricing Program, and the pharmacy providing the pharmacy services to the entity shall be under contract with that entity to facilitate its 340B drug program through the use of the automated drug dispensing system to dispense 340B drugs to its eligible outpatients.(2) Drugs shall be released to the patient from the automated drug dispensing system only upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patients profile for potential contraindications and adverse drug reactions.(3) Drugs stored in an automated drug dispensing system shall be part of the inventory of the pharmacy providing pharmacy services to the health center, and drugs dispensed from the automated drug dispensing system shall be considered to have been dispensed by that pharmacy.(4) The pharmacy shall maintain records of the acquisition and disposition of dangerous drugs stored in the automated drug dispensing system separate from other pharmacy records.(5) The pharmacy shall own and shall be solely responsible for the security, operation, and maintenance of the automated drug dispensing system.(6) The pharmacy shall provide training regarding the operation and use of the automated drug dispensing system to both pharmacy and entity personnel using the system.(7) The operation of the automated drug dispensing system shall be under the supervision of a licensed pharmacist acting on behalf of the pharmacy providing services to the health center. The pharmacist need not be physically present at the site of the automated drug dispensing system and may supervise the system electronically.(b) For purposes of this section, an automated drug dispensing system has the same meaning as in subdivision (h) of Section 4186. 4119.11. (a) A pharmacy may provide pharmacy services to an entity that qualifies as a covered entity under Section 340B of the federal Public Health Service Act to purchase and dispense or arrange for the dispensing of drugs purchased at reduced costs under the 340B Drug Pricing Program to its outpatients, through the use of an automated drug dispensing system, located on the premises of the entity, which need not be the same location as the pharmacy, if all of the following conditions are met:(1) The automated drug dispensing system shall be stocked with drugs purchased under the federal 340B Drug Pricing Program, and the pharmacy providing the pharmacy services to the entity shall be under contract with that entity to facilitate its 340B drug program through the use of the automated drug dispensing system to dispense 340B drugs to its eligible outpatients.(2) Drugs shall be released to the patient from the automated drug dispensing system only upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patients profile for potential contraindications and adverse drug reactions.(3) Drugs stored in an automated drug dispensing system shall be part of the inventory of the pharmacy providing pharmacy services to the health center, and drugs dispensed from the automated drug dispensing system shall be considered to have been dispensed by that pharmacy.(4) The pharmacy shall maintain records of the acquisition and disposition of dangerous drugs stored in the automated drug dispensing system separate from other pharmacy records.(5) The pharmacy shall own and shall be solely responsible for the security, operation, and maintenance of the automated drug dispensing system.(6) The pharmacy shall provide training regarding the operation and use of the automated drug dispensing system to both pharmacy and entity personnel using the system.(7) The operation of the automated drug dispensing system shall be under the supervision of a licensed pharmacist acting on behalf of the pharmacy providing services to the health center. The pharmacist need not be physically present at the site of the automated drug dispensing system and may supervise the system electronically.(b) For purposes of this section, an automated drug dispensing system has the same meaning as in subdivision (h) of Section 4186. 4119.11. (a) A pharmacy may provide pharmacy services to an entity that qualifies as a covered entity under Section 340B of the federal Public Health Service Act to purchase and dispense or arrange for the dispensing of drugs purchased at reduced costs under the 340B Drug Pricing Program to its outpatients, through the use of an automated drug dispensing system, located on the premises of the entity, which need not be the same location as the pharmacy, if all of the following conditions are met: (1) The automated drug dispensing system shall be stocked with drugs purchased under the federal 340B Drug Pricing Program, and the pharmacy providing the pharmacy services to the entity shall be under contract with that entity to facilitate its 340B drug program through the use of the automated drug dispensing system to dispense 340B drugs to its eligible outpatients. (2) Drugs shall be released to the patient from the automated drug dispensing system only upon authorization by a pharmacist after the pharmacist has reviewed the prescription and the patients profile for potential contraindications and adverse drug reactions. (3) Drugs stored in an automated drug dispensing system shall be part of the inventory of the pharmacy providing pharmacy services to the health center, and drugs dispensed from the automated drug dispensing system shall be considered to have been dispensed by that pharmacy. (4) The pharmacy shall maintain records of the acquisition and disposition of dangerous drugs stored in the automated drug dispensing system separate from other pharmacy records. (5) The pharmacy shall own and shall be solely responsible for the security, operation, and maintenance of the automated drug dispensing system. (6) The pharmacy shall provide training regarding the operation and use of the automated drug dispensing system to both pharmacy and entity personnel using the system. (7) The operation of the automated drug dispensing system shall be under the supervision of a licensed pharmacist acting on behalf of the pharmacy providing services to the health center. The pharmacist need not be physically present at the site of the automated drug dispensing system and may supervise the system electronically. (b) For purposes of this section, an automated drug dispensing system has the same meaning as in subdivision (h) of Section 4186. 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. (a)Notwithstanding any other law, a hospital pharmacy serving a health care facility, licensed under subdivision (a) of Section 1250 of the Health and Safety Code, may furnish a dangerous drug or dangerous device pursuant to preprinted or electronic standing orders, order sets, and protocols established under the policies and procedures of the health care facility, as approved according to the policies of the health care facilitys governing body, if the order is dated, timed, and authenticated in the medical record of the patient to whom the dangerous drug or dangerous device will be provided. (b)A health care facility shall store and maintain drugs in accordance with national standards regarding the storage area and refrigerator or freezer temperature, and otherwise pursuant to the manufacturers guidelines. The health care facilitys policies and procedures shall specify these storage parameters. (c)An intern pharmacist under the direct supervision and control, as defined in Section 4023.5, of a pharmacist, may inspect the drugs maintained in the health care facility at least once per month. The health care facility shall establish specific written policies and procedures for inspections pursuant to this subdivision. (d)For purposes of this section, health care facility means a health facility licensed under subdivision (a) of Section 1250 of the Health and Safety Code.