California 2023 2023-2024 Regular Session

California Assembly Bill AB1557 Introduced / Bill

Filed 02/17/2023

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1557Introduced by Assembly Member FloraFebruary 17, 2023 An act to amend Section 4071.1 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1557, as introduced, Flora. Pharmacy: electronic prescriptions.Existing law, the Pharmacy Law, establishes in the Department of Consumer Affairs the California State Board of Pharmacy to license and regulate the practice of pharmacy. Existing law authorizes a prescriber or a prescribers authorized agent to electronically enter a prescription into a pharmacys or hospitals computer from a location outside of the pharmacy or hospital. Existing law makes those provisions inapplicable to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to specified provisions. This bill would delete the provision making the authorization to electronically enter a prescription inapplicable to controlled substances. 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 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) 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) 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.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1557Introduced by Assembly Member FloraFebruary 17, 2023 An act to amend Section 4071.1 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1557, as introduced, Flora. Pharmacy: electronic prescriptions.Existing law, the Pharmacy Law, establishes in the Department of Consumer Affairs the California State Board of Pharmacy to license and regulate the practice of pharmacy. Existing law authorizes a prescriber or a prescribers authorized agent to electronically enter a prescription into a pharmacys or hospitals computer from a location outside of the pharmacy or hospital. Existing law makes those provisions inapplicable to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to specified provisions. This bill would delete the provision making the authorization to electronically enter a prescription inapplicable to controlled substances. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1557

Introduced by Assembly Member FloraFebruary 17, 2023

Introduced by Assembly Member Flora
February 17, 2023

 An act to amend Section 4071.1 of the Business and Professions Code, relating to healing arts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1557, as introduced, Flora. Pharmacy: electronic prescriptions.

Existing law, the Pharmacy Law, establishes in the Department of Consumer Affairs the California State Board of Pharmacy to license and regulate the practice of pharmacy. Existing law authorizes a prescriber or a prescribers authorized agent to electronically enter a prescription into a pharmacys or hospitals computer from a location outside of the pharmacy or hospital. Existing law makes those provisions inapplicable to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to specified provisions. This bill would delete the provision making the authorization to electronically enter a prescription inapplicable to controlled substances. 

Existing law, the Pharmacy Law, establishes in the Department of Consumer Affairs the California State Board of Pharmacy to license and regulate the practice of pharmacy. Existing law authorizes a prescriber or a prescribers authorized agent to electronically enter a prescription into a pharmacys or hospitals computer from a location outside of the pharmacy or hospital. Existing law makes those provisions inapplicable to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to specified provisions. 

This bill would delete the provision making the authorization to electronically enter a prescription inapplicable to controlled substances. 

## Digest Key

## Bill Text

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) 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) 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.

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 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) 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) 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.

SECTION 1. Section 4071.1 of the Business and Professions Code is amended to read:

### SECTION 1.

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) 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) 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.

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) 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) 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.

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) 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) 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.



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) 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) 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.