| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1379Introduced by Senator Ochoa BoghFebruary 18, 2022 An act to amend Section 4071.1 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 1379, as introduced, Ochoa Bogh. Pharmacy: remote services.The Controlled Substances Act regulates, among other matters, the dispensing by prescription of controlled substances, which are classified into schedules, and the Pharmacy Law regulates, among other matters, the dispensing by prescription of dangerous drugs and dangerous devices, which also include controlled substances. Existing law authorizes a prescriber, a prescribers authorized agent, or a pharmacist to electronically enter a prescription or order from outside of a pharmacy or hospital, as specified, except for prescriptions for controlled substances classified in Schedules II, III, IV, or V. Under existing law, a violation of these provisions is a crime.This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill would also authorize a pharmacist to perform various services remotely, as specified, on behalf of a pharmacy located in California and under the written authorization of a pharmacist-in-charge. The bill would condition this authority on specified actions by the pharmacy for which the pharmacist performs those services, including obtaining the consent of the pharmacist, developing and training the pharmacist on policies and procedures for the performance of those services, and taking specified steps to ensure the security of the information processed and the integrity of the pharmacys system. Because violation of these provisions would be a crime, this 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 4071.1 of the Business and Professions Code is amended to read:4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter.(2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a pharmacy located in California that complies with the following conditions:(A) A pharmacy shall obtain consent from a pharmacist.(B) (i) A pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request.(ii) A pharmacist-in-charge shall ensure that a pharmacist is trained on the provisions for providing authorized services, including training on the pharmacys policies and procedures required by clause (i).(C) A pharmacy shall ensure that a pharmacist has secure electronic access to the pharmacys patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the pharmacy. A pharmacys system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely.(D) A pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacys information system.(E) A pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).(3) Nothing in this subdivision shall authorize a pharmacist to dispense a drug or perform final product verification by remote processing. (b)(c) Nothing in this section shall reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer.(c)(d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been electronically entered into a pharmacys computer without the prior approval of a pharmacist.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 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1379Introduced by Senator Ochoa BoghFebruary 18, 2022 An act to amend Section 4071.1 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 1379, as introduced, Ochoa Bogh. Pharmacy: remote services.The Controlled Substances Act regulates, among other matters, the dispensing by prescription of controlled substances, which are classified into schedules, and the Pharmacy Law regulates, among other matters, the dispensing by prescription of dangerous drugs and dangerous devices, which also include controlled substances. Existing law authorizes a prescriber, a prescribers authorized agent, or a pharmacist to electronically enter a prescription or order from outside of a pharmacy or hospital, as specified, except for prescriptions for controlled substances classified in Schedules II, III, IV, or V. Under existing law, a violation of these provisions is a crime.This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill would also authorize a pharmacist to perform various services remotely, as specified, on behalf of a pharmacy located in California and under the written authorization of a pharmacist-in-charge. The bill would condition this authority on specified actions by the pharmacy for which the pharmacist performs those services, including obtaining the consent of the pharmacist, developing and training the pharmacist on policies and procedures for the performance of those services, and taking specified steps to ensure the security of the information processed and the integrity of the pharmacys system. Because violation of these provisions would be a crime, this 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 | - | Amended IN Senate April 07, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate April 07, 2022 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1379 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Ochoa BoghFebruary 18, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Ochoa Bogh | |
| 18 | 18 | February 18, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 4071.1 of the Business and Professions Code, relating to healing arts. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 1379, as | |
| 26 | + | SB 1379, as introduced, Ochoa Bogh. Pharmacy: remote services. | |
| 27 | 27 | ||
| 28 | - | The Controlled Substances Act regulates, among other matters, the dispensing by prescription of controlled substances, which are classified into schedules, and the Pharmacy Law regulates, among other matters, the dispensing by prescription of dangerous drugs and dangerous devices, which also include controlled substances. Existing law authorizes a prescriber, a prescribers authorized agent, or a pharmacist to electronically enter a prescription or order from outside of a pharmacy or hospital, as specified, except for prescriptions for controlled substances classified in Schedules II, III, IV, or V. Under existing law, a violation of these provisions is a crime.This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill would also authorize a pharmacist | |
| 28 | + | The Controlled Substances Act regulates, among other matters, the dispensing by prescription of controlled substances, which are classified into schedules, and the Pharmacy Law regulates, among other matters, the dispensing by prescription of dangerous drugs and dangerous devices, which also include controlled substances. Existing law authorizes a prescriber, a prescribers authorized agent, or a pharmacist to electronically enter a prescription or order from outside of a pharmacy or hospital, as specified, except for prescriptions for controlled substances classified in Schedules II, III, IV, or V. Under existing law, a violation of these provisions is a crime.This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill would also authorize a pharmacist to perform various services remotely, as specified, on behalf of a pharmacy located in California and under the written authorization of a pharmacist-in-charge. The bill would condition this authority on specified actions by the pharmacy for which the pharmacist performs those services, including obtaining the consent of the pharmacist, developing and training the pharmacist on policies and procedures for the performance of those services, and taking specified steps to ensure the security of the information processed and the integrity of the pharmacys system. Because violation of these provisions would be a crime, this 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. | |
| 29 | 29 | ||
| 30 | 30 | The Controlled Substances Act regulates, among other matters, the dispensing by prescription of controlled substances, which are classified into schedules, and the Pharmacy Law regulates, among other matters, the dispensing by prescription of dangerous drugs and dangerous devices, which also include controlled substances. Existing law authorizes a prescriber, a prescribers authorized agent, or a pharmacist to electronically enter a prescription or order from outside of a pharmacy or hospital, as specified, except for prescriptions for controlled substances classified in Schedules II, III, IV, or V. Under existing law, a violation of these provisions is a crime. | |
| 31 | 31 | ||
| 32 | - | This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill would also authorize a pharmacist | |
| 32 | + | This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill would also authorize a pharmacist to perform various services remotely, as specified, on behalf of a pharmacy located in California and under the written authorization of a pharmacist-in-charge. The bill would condition this authority on specified actions by the pharmacy for which the pharmacist performs those services, including obtaining the consent of the pharmacist, developing and training the pharmacist on policies and procedures for the performance of those services, and taking specified steps to ensure the security of the information processed and the integrity of the pharmacys system. Because violation of these provisions would be a crime, this bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | 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. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 4071.1 of the Business and Professions Code is amended to read:4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500).(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 4071.1 of the Business and Professions Code is amended to read:4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter.(2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a pharmacy located in California that complies with the following conditions:(A) A pharmacy shall obtain consent from a pharmacist.(B) (i) A pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request.(ii) A pharmacist-in-charge shall ensure that a pharmacist is trained on the provisions for providing authorized services, including training on the pharmacys policies and procedures required by clause (i).(C) A pharmacy shall ensure that a pharmacist has secure electronic access to the pharmacys patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the pharmacy. A pharmacys system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely.(D) A pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacys information system.(E) A pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).(3) Nothing in this subdivision shall authorize a pharmacist to dispense a drug or perform final product verification by remote processing. (b)(c) Nothing in this section shall reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer.(c)(d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been electronically entered into a pharmacys computer without the prior approval of a pharmacist.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. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 4071.1 of the Business and Professions Code is amended to read:4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500).(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist | |
| 48 | + | SECTION 1. Section 4071.1 of the Business and Professions Code is amended to read:4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter.(2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a pharmacy located in California that complies with the following conditions:(A) A pharmacy shall obtain consent from a pharmacist.(B) (i) A pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request.(ii) A pharmacist-in-charge shall ensure that a pharmacist is trained on the provisions for providing authorized services, including training on the pharmacys policies and procedures required by clause (i).(C) A pharmacy shall ensure that a pharmacist has secure electronic access to the pharmacys patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the pharmacy. A pharmacys system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely.(D) A pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacys information system.(E) A pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).(3) Nothing in this subdivision shall authorize a pharmacist to dispense a drug or perform final product verification by remote processing. (b)(c) Nothing in this section shall reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer.(c)(d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been electronically entered into a pharmacys computer without the prior approval of a pharmacist. | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. Section 4071.1 of the Business and Professions Code is amended to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500).(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist | |
| 54 | + | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter.(2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a pharmacy located in California that complies with the following conditions:(A) A pharmacy shall obtain consent from a pharmacist.(B) (i) A pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request.(ii) A pharmacist-in-charge shall ensure that a pharmacist is trained on the provisions for providing authorized services, including training on the pharmacys policies and procedures required by clause (i).(C) A pharmacy shall ensure that a pharmacist has secure electronic access to the pharmacys patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the pharmacy. A pharmacys system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely.(D) A pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacys information system.(E) A pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).(3) Nothing in this subdivision shall authorize a pharmacist to dispense a drug or perform final product verification by remote processing. (b)(c) Nothing in this section shall reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer.(c)(d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been electronically entered into a pharmacys computer without the prior approval of a pharmacist. | |
| 55 | 55 | ||
| 56 | - | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500).(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist | |
| 56 | + | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter.(2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a pharmacy located in California that complies with the following conditions:(A) A pharmacy shall obtain consent from a pharmacist.(B) (i) A pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request.(ii) A pharmacist-in-charge shall ensure that a pharmacist is trained on the provisions for providing authorized services, including training on the pharmacys policies and procedures required by clause (i).(C) A pharmacy shall ensure that a pharmacist has secure electronic access to the pharmacys patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the pharmacy. A pharmacys system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely.(D) A pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacys information system.(E) A pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).(3) Nothing in this subdivision shall authorize a pharmacist to dispense a drug or perform final product verification by remote processing. (b)(c) Nothing in this section shall reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer.(c)(d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been electronically entered into a pharmacys computer without the prior approval of a pharmacist. | |
| 57 | 57 | ||
| 58 | - | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500).(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist | |
| 58 | + | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter.(2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a pharmacy located in California that complies with the following conditions:(A) A pharmacy shall obtain consent from a pharmacist.(B) (i) A pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request.(ii) A pharmacist-in-charge shall ensure that a pharmacist is trained on the provisions for providing authorized services, including training on the pharmacys policies and procedures required by clause (i).(C) A pharmacy shall ensure that a pharmacist has secure electronic access to the pharmacys patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the pharmacy. A pharmacys system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely.(D) A pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacys information system.(E) A pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).(3) Nothing in this subdivision shall authorize a pharmacist to dispense a drug or perform final product verification by remote processing. (b)(c) Nothing in this section shall reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer.(c)(d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been electronically entered into a pharmacys computer without the prior approval of a pharmacist. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | - | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). | |
| 62 | + | 4071.1. (a) A prescriber, a prescribers authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacys or hospitals computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a prescribers authorized agent is a person licensed or registered under Division 2 (commencing with Section 500). This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code. | |
| 63 | 63 | ||
| 64 | - | (b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist | |
| 64 | + | (b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter. | |
| 65 | 65 | ||
| 66 | - | (2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a | |
| 66 | + | (2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a pharmacy located in California that complies with the following conditions: | |
| 67 | 67 | ||
| 68 | - | (A) A | |
| 68 | + | (A) A pharmacy shall obtain consent from a pharmacist. | |
| 69 | 69 | ||
| 70 | - | (B) (i) A | |
| 70 | + | (B) (i) A pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request. | |
| 71 | 71 | ||
| 72 | - | (ii) A pharmacist-in-charge shall ensure that a | |
| 72 | + | (ii) A pharmacist-in-charge shall ensure that a pharmacist is trained on the provisions for providing authorized services, including training on the pharmacys policies and procedures required by clause (i). | |
| 73 | 73 | ||
| 74 | - | (C) A | |
| 74 | + | (C) A pharmacy shall ensure that a pharmacist has secure electronic access to the pharmacys patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the pharmacy. A pharmacys system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely. | |
| 75 | 75 | ||
| 76 | - | (D) A | |
| 76 | + | (D) A pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacys information system. | |
| 77 | 77 | ||
| 78 | - | (E) A | |
| 78 | + | (E) A pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). | |
| 79 | 79 | ||
| 80 | - | (3) Nothing in this | |
| 80 | + | (3) Nothing in this subdivision shall authorize a pharmacist to dispense a drug or perform final product verification by remote processing. | |
| 81 | 81 | ||
| 82 | - | (c) Nothing in this This section shall does not reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer. | |
| 82 | + | (b) | |
| 83 | + | ||
| 84 | + | ||
| 85 | + | ||
| 86 | + | (c) Nothing in this section shall reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospitals computer. | |
| 87 | + | ||
| 88 | + | (c) | |
| 89 | + | ||
| 90 | + | ||
| 83 | 91 | ||
| 84 | 92 | (d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been electronically entered into a pharmacys computer without the prior approval of a pharmacist. | |
| 85 | 93 | ||
| 86 | 94 | 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. | |
| 87 | 95 | ||
| 88 | 96 | 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. | |
| 89 | 97 | ||
| 90 | 98 | 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. | |
| 91 | 99 | ||
| 92 | 100 | ### SEC. 2. |