Amended IN Senate April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 569Introduced by Senator StoneFebruary 22, 2019 An act to amend Section 4001.1 of the Business and Professions Code, relating to healing arts. An act to add Section 11159.3 to the Health and Safety Code, relating to controlled substances.LEGISLATIVE COUNSEL'S DIGESTSB 569, as amended, Stone. Pharmacy. Controlled substances: prescriptions: declared local, state, or federal emergency.Existing law, the Pharmacy Law, authorizes the California State Board of Pharmacy, during a declared federal, state, or local emergency, to waive application of any provisions of the law or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Those provisions also authorize a pharmacist or a licensed clinic to furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency to further the health and safety of the public. Existing law, the Uniform Controlled Substances Act, regulates prescription forms for controlled substances and requires prescriptions to contain specified information and to be printed with specified security features.This bill would authorize a pharmacist, during a declared local, state, or federal emergency pursuant to which the board issues a notice that the board is waiving the application of the provisions of the Pharmacy Law, to fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the above-specified requirements, if certain other requirements are met, including that the prescription is written and dispensed within the first 2 weeks of the notice issued by the board.Existing law, the Pharmacy Law, provides that protection of the public shall be the highest priority for the California State Board of Pharmacy in exercising its licensing, regulatory, and disciplinary functions. This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11159.3 is added to the Health and Safety Code, to read:11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:(1) Contains the information specified in subdivision (a) of Section 11164.(2) Indicates that the patient is affected by a declared emergency with the words 11159.3 exemption or a similar statement.(3) Is written and dispensed within the first two weeks of the notice issued by the board.(b) A pharmacist filling a prescription pursuant to this section shall exercise appropriate professional judgment, including reviewing the patients activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.SECTION 1.Section 4001.1 of the Business and Professions Code is amended to read:4001.1.Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
Amended IN Senate April 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 569Introduced by Senator StoneFebruary 22, 2019 An act to amend Section 4001.1 of the Business and Professions Code, relating to healing arts. An act to add Section 11159.3 to the Health and Safety Code, relating to controlled substances.LEGISLATIVE COUNSEL'S DIGESTSB 569, as amended, Stone. Pharmacy. Controlled substances: prescriptions: declared local, state, or federal emergency.Existing law, the Pharmacy Law, authorizes the California State Board of Pharmacy, during a declared federal, state, or local emergency, to waive application of any provisions of the law or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Those provisions also authorize a pharmacist or a licensed clinic to furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency to further the health and safety of the public. Existing law, the Uniform Controlled Substances Act, regulates prescription forms for controlled substances and requires prescriptions to contain specified information and to be printed with specified security features.This bill would authorize a pharmacist, during a declared local, state, or federal emergency pursuant to which the board issues a notice that the board is waiving the application of the provisions of the Pharmacy Law, to fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the above-specified requirements, if certain other requirements are met, including that the prescription is written and dispensed within the first 2 weeks of the notice issued by the board.Existing law, the Pharmacy Law, provides that protection of the public shall be the highest priority for the California State Board of Pharmacy in exercising its licensing, regulatory, and disciplinary functions. This bill would make a nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate April 01, 2019
Amended IN Senate April 01, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 569
Introduced by Senator StoneFebruary 22, 2019
Introduced by Senator Stone
February 22, 2019
An act to amend Section 4001.1 of the Business and Professions Code, relating to healing arts. An act to add Section 11159.3 to the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 569, as amended, Stone. Pharmacy. Controlled substances: prescriptions: declared local, state, or federal emergency.
Existing law, the Pharmacy Law, authorizes the California State Board of Pharmacy, during a declared federal, state, or local emergency, to waive application of any provisions of the law or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Those provisions also authorize a pharmacist or a licensed clinic to furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency to further the health and safety of the public. Existing law, the Uniform Controlled Substances Act, regulates prescription forms for controlled substances and requires prescriptions to contain specified information and to be printed with specified security features.This bill would authorize a pharmacist, during a declared local, state, or federal emergency pursuant to which the board issues a notice that the board is waiving the application of the provisions of the Pharmacy Law, to fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the above-specified requirements, if certain other requirements are met, including that the prescription is written and dispensed within the first 2 weeks of the notice issued by the board.Existing law, the Pharmacy Law, provides that protection of the public shall be the highest priority for the California State Board of Pharmacy in exercising its licensing, regulatory, and disciplinary functions. This bill would make a nonsubstantive change to this provision.
Existing law, the Pharmacy Law, authorizes the California State Board of Pharmacy, during a declared federal, state, or local emergency, to waive application of any provisions of the law or the regulations adopted pursuant to it if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Those provisions also authorize a pharmacist or a licensed clinic to furnish a dangerous drug or dangerous device in reasonable quantities without a prescription during a federal, state, or local emergency to further the health and safety of the public. Existing law, the Uniform Controlled Substances Act, regulates prescription forms for controlled substances and requires prescriptions to contain specified information and to be printed with specified security features.
This bill would authorize a pharmacist, during a declared local, state, or federal emergency pursuant to which the board issues a notice that the board is waiving the application of the provisions of the Pharmacy Law, to fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the above-specified requirements, if certain other requirements are met, including that the prescription is written and dispensed within the first 2 weeks of the notice issued by the board.
Existing law, the Pharmacy Law, provides that protection of the public shall be the highest priority for the California State Board of Pharmacy in exercising its licensing, regulatory, and disciplinary functions.
This bill would make a nonsubstantive change to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11159.3 is added to the Health and Safety Code, to read:11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:(1) Contains the information specified in subdivision (a) of Section 11164.(2) Indicates that the patient is affected by a declared emergency with the words 11159.3 exemption or a similar statement.(3) Is written and dispensed within the first two weeks of the notice issued by the board.(b) A pharmacist filling a prescription pursuant to this section shall exercise appropriate professional judgment, including reviewing the patients activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.SECTION 1.Section 4001.1 of the Business and Professions Code is amended to read:4001.1.Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
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 11159.3 is added to the Health and Safety Code, to read:11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:(1) Contains the information specified in subdivision (a) of Section 11164.(2) Indicates that the patient is affected by a declared emergency with the words 11159.3 exemption or a similar statement.(3) Is written and dispensed within the first two weeks of the notice issued by the board.(b) A pharmacist filling a prescription pursuant to this section shall exercise appropriate professional judgment, including reviewing the patients activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.
SECTION 1. Section 11159.3 is added to the Health and Safety Code, to read:
### SECTION 1.
11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:(1) Contains the information specified in subdivision (a) of Section 11164.(2) Indicates that the patient is affected by a declared emergency with the words 11159.3 exemption or a similar statement.(3) Is written and dispensed within the first two weeks of the notice issued by the board.(b) A pharmacist filling a prescription pursuant to this section shall exercise appropriate professional judgment, including reviewing the patients activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.
11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:(1) Contains the information specified in subdivision (a) of Section 11164.(2) Indicates that the patient is affected by a declared emergency with the words 11159.3 exemption or a similar statement.(3) Is written and dispensed within the first two weeks of the notice issued by the board.(b) A pharmacist filling a prescription pursuant to this section shall exercise appropriate professional judgment, including reviewing the patients activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.
11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:(1) Contains the information specified in subdivision (a) of Section 11164.(2) Indicates that the patient is affected by a declared emergency with the words 11159.3 exemption or a similar statement.(3) Is written and dispensed within the first two weeks of the notice issued by the board.(b) A pharmacist filling a prescription pursuant to this section shall exercise appropriate professional judgment, including reviewing the patients activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.
11159.3. (a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the California State Board of Pharmacy issues a notice that the board is waiving the application of the provisions of, or regulations adopted pursuant to, the Pharmacy Law, as specified in subdivision (b) of Section 4062 of the Business and Professions Code, a pharmacist may fill a prescription for a controlled substance for use by a patient who cannot access medications as a result of the declared local, state, or federal emergency, regardless of whether the prescription form meets the requirements of Section 11162.1, if the prescription meets the following requirements:
(1) Contains the information specified in subdivision (a) of Section 11164.
(2) Indicates that the patient is affected by a declared emergency with the words 11159.3 exemption or a similar statement.
(3) Is written and dispensed within the first two weeks of the notice issued by the board.
(b) A pharmacist filling a prescription pursuant to this section shall exercise appropriate professional judgment, including reviewing the patients activity report from the CURES Prescription Drug Monitoring Program before dispensing the medication.
Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.