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| 1 | + | Amended IN Assembly June 15, 2020 Amended IN Assembly May 11, 2020 Amended IN Assembly March 12, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2983Introduced by Assembly Member HoldenFebruary 21, 2020An act to add Section 4063.5 to the Business and Professions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 2983, as amended, Holden. Pharmacies: automatic refills.Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy, and makes a willful violation of those provisions a misdemeanor. Existing law prohibits a prescription for any dangerous drug or dangerous device to be refilled except upon authorization of the prescriber.This bill would would, commencing January 1, 2022, prohibit a pharmacy from automatically contacting using an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 7-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. pharmacy to do so. The bill would require a pharmacy to obtain separate written authorization for each prescription and would prohibit a pharmacy from requesting more than the number of refills authorized in the original prescription. The bill would require the pharmacy to retain a record of the authorization for at least 3 years. The bill would exempt certain pharmacies owned or operated by a nonprofit health care service plan, as specified. Because the bill would expand the scope of 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 4063.5 is added to the Business and Professions Code, to read:4063.5. (a) A pharmacy shall not automatically use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years.(b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(c) This section shall become operative on January 1, 2022.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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly June 15, 2020 Amended IN Assembly May 11, 2020 Amended IN Assembly March 12, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2983Introduced by Assembly Member HoldenFebruary 21, 2020An act to add Section 4063.5 to the Business and Professions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 2983, as amended, Holden. Pharmacies: automatic refills.Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy, and makes a willful violation of those provisions a misdemeanor. Existing law prohibits a prescription for any dangerous drug or dangerous device to be refilled except upon authorization of the prescriber.This bill would would, commencing January 1, 2022, prohibit a pharmacy from automatically contacting using an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 7-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. pharmacy to do so. The bill would require a pharmacy to obtain separate written authorization for each prescription and would prohibit a pharmacy from requesting more than the number of refills authorized in the original prescription. The bill would require the pharmacy to retain a record of the authorization for at least 3 years. The bill would exempt certain pharmacies owned or operated by a nonprofit health care service plan, as specified. Because the bill would expand the scope of 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 Assembly June 15, 2020 Amended IN Assembly May 11, 2020 Amended IN Assembly March 12, 2020 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate July 16, 2020 | |
| 8 | 7 | Amended IN Assembly June 15, 2020 | |
| 9 | 8 | Amended IN Assembly May 11, 2020 | |
| 10 | 9 | Amended IN Assembly March 12, 2020 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 2983 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member HoldenFebruary 21, 2020 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Member Holden | |
| 21 | 20 | February 21, 2020 | |
| 22 | 21 | ||
| 23 | 22 | An act to add Section 4063.5 to the Business and Professions Code, relating to healing arts. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | AB 2983, as amended, Holden. Pharmacies: automatic refills. | |
| 30 | 29 | ||
| 31 | - | Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy, and makes a willful violation of those provisions a misdemeanor. Existing law prohibits a prescription for any dangerous drug or dangerous device to be refilled except upon authorization of the prescriber.This bill would, commencing January 1, 2022, prohibit a pharmacy from using an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 30-day supply unless the prescriber or patient has authorized the pharmacy to do so. The bill would prohibit a pharmacy from requesting more than the number of refills authorized in the original prescription. The bill would exempt certain pharmacies owned or operated by a nonprofit health care service plan, as specified | |
| 30 | + | Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy, and makes a willful violation of those provisions a misdemeanor. Existing law prohibits a prescription for any dangerous drug or dangerous device to be refilled except upon authorization of the prescriber.This bill would would, commencing January 1, 2022, prohibit a pharmacy from automatically contacting using an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 7-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. pharmacy to do so. The bill would require a pharmacy to obtain separate written authorization for each prescription and would prohibit a pharmacy from requesting more than the number of refills authorized in the original prescription. The bill would require the pharmacy to retain a record of the authorization for at least 3 years. The bill would exempt certain pharmacies owned or operated by a nonprofit health care service plan, as specified. Because the bill would expand the scope of 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. | |
| 32 | 31 | ||
| 33 | 32 | Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy, and makes a willful violation of those provisions a misdemeanor. Existing law prohibits a prescription for any dangerous drug or dangerous device to be refilled except upon authorization of the prescriber. | |
| 34 | 33 | ||
| 35 | - | This bill would, commencing January 1, 2022, prohibit a pharmacy from using an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 30-day supply unless the prescriber or patient has authorized the pharmacy to do so. The bill would prohibit a pharmacy from requesting more than the number of refills authorized in the original prescription. The bill would exempt certain pharmacies owned or operated by a nonprofit health care service plan, as specified | |
| 34 | + | This bill would would, commencing January 1, 2022, prohibit a pharmacy from automatically contacting using an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 7-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. pharmacy to do so. The bill would require a pharmacy to obtain separate written authorization for each prescription and would prohibit a pharmacy from requesting more than the number of refills authorized in the original prescription. The bill would require the pharmacy to retain a record of the authorization for at least 3 years. The bill would exempt certain pharmacies owned or operated by a nonprofit health care service plan, as specified. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. | |
| 36 | 35 | ||
| 37 | 36 | 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. | |
| 38 | 37 | ||
| 39 | 38 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 40 | 39 | ||
| 41 | 40 | ## Digest Key | |
| 42 | 41 | ||
| 43 | 42 | ## Bill Text | |
| 44 | 43 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1 | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 4063.5 is added to the Business and Professions Code, to read:4063.5. (a) A pharmacy shall not automatically use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years.(b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(c) This section shall become operative on January 1, 2022.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. | |
| 46 | 45 | ||
| 47 | 46 | The people of the State of California do enact as follows: | |
| 48 | 47 | ||
| 49 | 48 | ## The people of the State of California do enact as follows: | |
| 50 | 49 | ||
| 51 | - | SECTION 1. The | |
| 50 | + | SECTION 1. Section 4063.5 is added to the Business and Professions Code, to read:4063.5. (a) A pharmacy shall not automatically use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years.(b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(c) This section shall become operative on January 1, 2022. | |
| 52 | 51 | ||
| 53 | - | SECTION 1. The Legislature finds and declares all of the following:(a) Automated pharmacy refill systems can be helpful for people with chronic conditions who take daily medications by reducing lag time between refills.(b) It is the intent of the Legislature that the prescriber retain primary discretion regarding the number of refills of a prescribed medication a patient should receive.(c) The Legislature does not intend for this act to do either of the following:(1) Prohibit a patients use of an automatic refill program if the patient chooses to opt-in to one.(2) Require patients to give a pharmacy authorization for use of an automated system to contact a doctor more than once. | |
| 54 | - | ||
| 55 | - | SECTION 1. The Legislature finds and declares all of the following: | |
| 52 | + | SECTION 1. Section 4063.5 is added to the Business and Professions Code, to read: | |
| 56 | 53 | ||
| 57 | 54 | ### SECTION 1. | |
| 58 | 55 | ||
| 59 | - | (a) | |
| 56 | + | 4063.5. (a) A pharmacy shall not automatically use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years.(b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(c) This section shall become operative on January 1, 2022. | |
| 60 | 57 | ||
| 61 | - | ( | |
| 58 | + | 4063.5. (a) A pharmacy shall not automatically use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years.(b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(c) This section shall become operative on January 1, 2022. | |
| 62 | 59 | ||
| 63 | - | (c) The Legislature does not intend for this act to do either of the following: | |
| 64 | - | ||
| 65 | - | (1) Prohibit a patients use of an automatic refill program if the patient chooses to opt-in to one. | |
| 66 | - | ||
| 67 | - | (2) Require patients to give a pharmacy authorization for use of an automated system to contact a doctor more than once. | |
| 68 | - | ||
| 69 | - | SECTION 1.SEC. 2. Section 4063.5 is added to the Business and Professions Code, to read:4063.5. (a) A pharmacy shall not use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 30-day supply unless the prescriber or patient has authorized the pharmacy to do so. A pharmacy shall not request more than the number of refills authorized in the original prescription.(b) This section shall not apply to a any of the following:(1) A pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(2) A pharmacy as described in Section 4021.5.(c) This section shall become operative on January 1, 2022. | |
| 70 | - | ||
| 71 | - | SECTION 1.SEC. 2. Section 4063.5 is added to the Business and Professions Code, to read: | |
| 72 | - | ||
| 73 | - | ### SECTION 1.SEC. 2. | |
| 74 | - | ||
| 75 | - | 4063.5. (a) A pharmacy shall not use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 30-day supply unless the prescriber or patient has authorized the pharmacy to do so. A pharmacy shall not request more than the number of refills authorized in the original prescription.(b) This section shall not apply to a any of the following:(1) A pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(2) A pharmacy as described in Section 4021.5.(c) This section shall become operative on January 1, 2022. | |
| 76 | - | ||
| 77 | - | 4063.5. (a) A pharmacy shall not use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 30-day supply unless the prescriber or patient has authorized the pharmacy to do so. A pharmacy shall not request more than the number of refills authorized in the original prescription.(b) This section shall not apply to a any of the following:(1) A pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(2) A pharmacy as described in Section 4021.5.(c) This section shall become operative on January 1, 2022. | |
| 78 | - | ||
| 79 | - | 4063.5. (a) A pharmacy shall not use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 30-day supply unless the prescriber or patient has authorized the pharmacy to do so. A pharmacy shall not request more than the number of refills authorized in the original prescription.(b) This section shall not apply to a any of the following:(1) A pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(2) A pharmacy as described in Section 4021.5.(c) This section shall become operative on January 1, 2022. | |
| 60 | + | 4063.5. (a) A pharmacy shall not automatically use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years.(b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.(c) This section shall become operative on January 1, 2022. | |
| 80 | 61 | ||
| 81 | 62 | ||
| 82 | 63 | ||
| 83 | - | 4063.5. (a) A pharmacy shall not use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 30-day supply unless the prescriber or patient has authorized the pharmacy to do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. | |
| 64 | + | 4063.5. (a) A pharmacy shall not automatically use an automated computer system to contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day 30-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and do so. A pharmacy shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years. | |
| 84 | 65 | ||
| 85 | - | (b) This section shall not apply to a any of the following: | |
| 86 | - | ||
| 87 | - | (1) A pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group. | |
| 88 | - | ||
| 89 | - | (2) A pharmacy as described in Section 4021.5. | |
| 66 | + | (b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group. | |
| 90 | 67 | ||
| 91 | 68 | (c) This section shall become operative on January 1, 2022. | |
| 92 | 69 | ||
| 93 | - | SEC. 2 | |
| 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. | |
| 94 | 71 | ||
| 95 | - | SEC. 2 | |
| 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. | |
| 96 | 73 | ||
| 97 | - | SEC. 2 | |
| 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. | |
| 98 | 75 | ||
| 99 | - | ### SEC. 2. | |
| 76 | + | ### SEC. 2. |