Amended IN Assembly April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 387Introduced by Assembly Member GabrielFebruary 05, 2019 An act to add Section 2051.1 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 387, as amended, Gabriel. Physician and surgeons: pharmacists: prescriptions.The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and authorizes a licensed physician and surgeon to use drugs or devices in or upon human beings and to sever or penetrate the tissues of human beings and to use any and all other methods in the treatment of diseases, injuries, deformities, and other physical and mental conditions.This bill would require a physician and surgeon to indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.The Pharmacy Law provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law requires the California State Board of Pharmacy to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medication dispensed to patients in California.Under the bill, if the purpose of a drug or device is not indicated on a prescription for that drug or device as required by the bill, a dispensing pharmacist would not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription. The bill would require the California State Board of Pharmacy to adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label.The provisions of the bill would not become operative until the operative date of the regulations. The bill would require the California State Board of Pharmacy to notify the Secretary of State when regulations have been adopted.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2051.1 is added to the Business and Professions Code, to read:2051.1. (a) A physician and surgeon shall indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient, unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.(b) Prior to indicating the purpose for a drug or device on a prescription pursuant to subdivision (a), a physician and surgeon shall give the patient the option to opt out of having the purpose for a drug or device included on the prescription.(c) If the purpose of a drug or device is not indicated on a prescription for that drug or device pursuant to subdivision (a), a dispensing pharmacist shall not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription pursuant to subdivision (b).(d) The California State Board of Pharmacy shall adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label pursuant to Section 4076.5.(e) This section shall become operative on the operative date of the regulations adopted pursuant to subdivision (d). The California State Board of Pharmacy shall notify the Secretary of State when regulations have been adopted.
Amended IN Assembly April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 387Introduced by Assembly Member GabrielFebruary 05, 2019 An act to add Section 2051.1 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 387, as amended, Gabriel. Physician and surgeons: pharmacists: prescriptions.The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and authorizes a licensed physician and surgeon to use drugs or devices in or upon human beings and to sever or penetrate the tissues of human beings and to use any and all other methods in the treatment of diseases, injuries, deformities, and other physical and mental conditions.This bill would require a physician and surgeon to indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.The Pharmacy Law provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law requires the California State Board of Pharmacy to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medication dispensed to patients in California.Under the bill, if the purpose of a drug or device is not indicated on a prescription for that drug or device as required by the bill, a dispensing pharmacist would not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription. The bill would require the California State Board of Pharmacy to adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label.The provisions of the bill would not become operative until the operative date of the regulations. The bill would require the California State Board of Pharmacy to notify the Secretary of State when regulations have been adopted.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 22, 2019
Amended IN Assembly April 22, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 387
Introduced by Assembly Member GabrielFebruary 05, 2019
Introduced by Assembly Member Gabriel
February 05, 2019
An act to add Section 2051.1 to the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 387, as amended, Gabriel. Physician and surgeons: pharmacists: prescriptions.
The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and authorizes a licensed physician and surgeon to use drugs or devices in or upon human beings and to sever or penetrate the tissues of human beings and to use any and all other methods in the treatment of diseases, injuries, deformities, and other physical and mental conditions.This bill would require a physician and surgeon to indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.The Pharmacy Law provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law requires the California State Board of Pharmacy to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medication dispensed to patients in California.Under the bill, if the purpose of a drug or device is not indicated on a prescription for that drug or device as required by the bill, a dispensing pharmacist would not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription. The bill would require the California State Board of Pharmacy to adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label.The provisions of the bill would not become operative until the operative date of the regulations. The bill would require the California State Board of Pharmacy to notify the Secretary of State when regulations have been adopted.
The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and authorizes a licensed physician and surgeon to use drugs or devices in or upon human beings and to sever or penetrate the tissues of human beings and to use any and all other methods in the treatment of diseases, injuries, deformities, and other physical and mental conditions.
This bill would require a physician and surgeon to indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.
The Pharmacy Law provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy. Existing law requires the California State Board of Pharmacy to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medication dispensed to patients in California.
Under the bill, if the purpose of a drug or device is not indicated on a prescription for that drug or device as required by the bill, a dispensing pharmacist would not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription. The bill would require the California State Board of Pharmacy to adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label.
The provisions of the bill would not become operative until the operative date of the regulations. The bill would require the California State Board of Pharmacy to notify the Secretary of State when regulations have been adopted.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2051.1 is added to the Business and Professions Code, to read:2051.1. (a) A physician and surgeon shall indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient, unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.(b) Prior to indicating the purpose for a drug or device on a prescription pursuant to subdivision (a), a physician and surgeon shall give the patient the option to opt out of having the purpose for a drug or device included on the prescription.(c) If the purpose of a drug or device is not indicated on a prescription for that drug or device pursuant to subdivision (a), a dispensing pharmacist shall not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription pursuant to subdivision (b).(d) The California State Board of Pharmacy shall adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label pursuant to Section 4076.5.(e) This section shall become operative on the operative date of the regulations adopted pursuant to subdivision (d). The California State Board of Pharmacy shall notify the Secretary of State when regulations have been adopted.
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 2051.1 is added to the Business and Professions Code, to read:2051.1. (a) A physician and surgeon shall indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient, unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.(b) Prior to indicating the purpose for a drug or device on a prescription pursuant to subdivision (a), a physician and surgeon shall give the patient the option to opt out of having the purpose for a drug or device included on the prescription.(c) If the purpose of a drug or device is not indicated on a prescription for that drug or device pursuant to subdivision (a), a dispensing pharmacist shall not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription pursuant to subdivision (b).(d) The California State Board of Pharmacy shall adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label pursuant to Section 4076.5.(e) This section shall become operative on the operative date of the regulations adopted pursuant to subdivision (d). The California State Board of Pharmacy shall notify the Secretary of State when regulations have been adopted.
SECTION 1. Section 2051.1 is added to the Business and Professions Code, to read:
### SECTION 1.
2051.1. (a) A physician and surgeon shall indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient, unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.(b) Prior to indicating the purpose for a drug or device on a prescription pursuant to subdivision (a), a physician and surgeon shall give the patient the option to opt out of having the purpose for a drug or device included on the prescription.(c) If the purpose of a drug or device is not indicated on a prescription for that drug or device pursuant to subdivision (a), a dispensing pharmacist shall not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription pursuant to subdivision (b).(d) The California State Board of Pharmacy shall adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label pursuant to Section 4076.5.(e) This section shall become operative on the operative date of the regulations adopted pursuant to subdivision (d). The California State Board of Pharmacy shall notify the Secretary of State when regulations have been adopted.
2051.1. (a) A physician and surgeon shall indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient, unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.(b) Prior to indicating the purpose for a drug or device on a prescription pursuant to subdivision (a), a physician and surgeon shall give the patient the option to opt out of having the purpose for a drug or device included on the prescription.(c) If the purpose of a drug or device is not indicated on a prescription for that drug or device pursuant to subdivision (a), a dispensing pharmacist shall not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription pursuant to subdivision (b).(d) The California State Board of Pharmacy shall adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label pursuant to Section 4076.5.(e) This section shall become operative on the operative date of the regulations adopted pursuant to subdivision (d). The California State Board of Pharmacy shall notify the Secretary of State when regulations have been adopted.
2051.1. (a) A physician and surgeon shall indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient, unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.(b) Prior to indicating the purpose for a drug or device on a prescription pursuant to subdivision (a), a physician and surgeon shall give the patient the option to opt out of having the purpose for a drug or device included on the prescription.(c) If the purpose of a drug or device is not indicated on a prescription for that drug or device pursuant to subdivision (a), a dispensing pharmacist shall not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription pursuant to subdivision (b).(d) The California State Board of Pharmacy shall adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label pursuant to Section 4076.5.(e) This section shall become operative on the operative date of the regulations adopted pursuant to subdivision (d). The California State Board of Pharmacy shall notify the Secretary of State when regulations have been adopted.
2051.1. (a) A physician and surgeon shall indicate the purpose for a drug or device on the prescription for that drug or device when providing a prescription to a patient, unless the patient chooses to opt out of having the purpose for the drug or device included on the prescription.
(b) Prior to indicating the purpose for a drug or device on a prescription pursuant to subdivision (a), a physician and surgeon shall give the patient the option to opt out of having the purpose for a drug or device included on the prescription.
(c) If the purpose of a drug or device is not indicated on a prescription for that drug or device pursuant to subdivision (a), a dispensing pharmacist shall not be responsible for ascertaining the purpose or determining whether the patient opted out of its inclusion on the prescription pursuant to subdivision (b).
(d) The California State Board of Pharmacy shall adopt revised regulations providing additional technical guidance regarding the format and manner in which a pharmacist is to incorporate drug or device purpose indications on the standardized, patient-centered, prescription drug label pursuant to Section 4076.5.
(e) This section shall become operative on the operative date of the regulations adopted pursuant to subdivision (d). The California State Board of Pharmacy shall notify the Secretary of State when regulations have been adopted.