California 2023 2023-2024 Regular Session

California Assembly Bill AB782 Amended / Bill

Filed 06/27/2023

                    Amended IN  Senate  June 27, 2023 Amended IN  Senate  June 19, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 782Introduced by Assembly Member Lackey McKinnor(Coauthors: Assembly Members Irwin and Lackey)February 13, 2023An act to amend Section 4126.8 of the Business and Professions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 782, as amended, Lackey McKinnor. Pharmacies: compounding.Existing law, the Pharmacy Law, requires the California State Board of Pharmacy to license and regulate the practice of pharmacy by pharmacists and pharmacy corporations in this state. Existing law prohibits a pharmacy from compounding sterile drug products unless the pharmacy has obtained a sterile compounding pharmacy license from the board. Existing law requires the compounding of drug preparations by a pharmacy for furnishing, distribution, or use to be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. Existing law authorizes the board to adopt regulations to impose additional standards for compounding drug preparations.This bill would, notwithstanding those provisions, specify that compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.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 4126.8 of the Business and Professions Code is amended to read:4126.8. (a) The compounding of drug preparations by a pharmacy for furnishing, distribution, distribution, furnishing, or use in this state shall be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. The board may adopt regulations to impose additional standards for compounding drug preparations.(b) Notwithstanding subdivision (a), compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.

 Amended IN  Senate  June 27, 2023 Amended IN  Senate  June 19, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 782Introduced by Assembly Member Lackey McKinnor(Coauthors: Assembly Members Irwin and Lackey)February 13, 2023An act to amend Section 4126.8 of the Business and Professions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 782, as amended, Lackey McKinnor. Pharmacies: compounding.Existing law, the Pharmacy Law, requires the California State Board of Pharmacy to license and regulate the practice of pharmacy by pharmacists and pharmacy corporations in this state. Existing law prohibits a pharmacy from compounding sterile drug products unless the pharmacy has obtained a sterile compounding pharmacy license from the board. Existing law requires the compounding of drug preparations by a pharmacy for furnishing, distribution, or use to be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. Existing law authorizes the board to adopt regulations to impose additional standards for compounding drug preparations.This bill would, notwithstanding those provisions, specify that compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  June 27, 2023 Amended IN  Senate  June 19, 2023

Amended IN  Senate  June 27, 2023
Amended IN  Senate  June 19, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 782

Introduced by Assembly Member Lackey McKinnor(Coauthors: Assembly Members Irwin and Lackey)February 13, 2023

Introduced by Assembly Member Lackey McKinnor(Coauthors: Assembly Members Irwin and Lackey)
February 13, 2023

An act to amend Section 4126.8 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 782, as amended, Lackey McKinnor. Pharmacies: compounding.

Existing law, the Pharmacy Law, requires the California State Board of Pharmacy to license and regulate the practice of pharmacy by pharmacists and pharmacy corporations in this state. Existing law prohibits a pharmacy from compounding sterile drug products unless the pharmacy has obtained a sterile compounding pharmacy license from the board. Existing law requires the compounding of drug preparations by a pharmacy for furnishing, distribution, or use to be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. Existing law authorizes the board to adopt regulations to impose additional standards for compounding drug preparations.This bill would, notwithstanding those provisions, specify that compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.

Existing law, the Pharmacy Law, requires the California State Board of Pharmacy to license and regulate the practice of pharmacy by pharmacists and pharmacy corporations in this state. Existing law prohibits a pharmacy from compounding sterile drug products unless the pharmacy has obtained a sterile compounding pharmacy license from the board. Existing law requires the compounding of drug preparations by a pharmacy for furnishing, distribution, or use to be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. Existing law authorizes the board to adopt regulations to impose additional standards for compounding drug preparations.

This bill would, notwithstanding those provisions, specify that compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4126.8 of the Business and Professions Code is amended to read:4126.8. (a) The compounding of drug preparations by a pharmacy for furnishing, distribution, distribution, furnishing, or use in this state shall be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. The board may adopt regulations to impose additional standards for compounding drug preparations.(b) Notwithstanding subdivision (a), compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.

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 4126.8 of the Business and Professions Code is amended to read:4126.8. (a) The compounding of drug preparations by a pharmacy for furnishing, distribution, distribution, furnishing, or use in this state shall be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. The board may adopt regulations to impose additional standards for compounding drug preparations.(b) Notwithstanding subdivision (a), compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.

SECTION 1. Section 4126.8 of the Business and Professions Code is amended to read:

### SECTION 1.

4126.8. (a) The compounding of drug preparations by a pharmacy for furnishing, distribution, distribution, furnishing, or use in this state shall be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. The board may adopt regulations to impose additional standards for compounding drug preparations.(b) Notwithstanding subdivision (a), compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.

4126.8. (a) The compounding of drug preparations by a pharmacy for furnishing, distribution, distribution, furnishing, or use in this state shall be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. The board may adopt regulations to impose additional standards for compounding drug preparations.(b) Notwithstanding subdivision (a), compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.

4126.8. (a) The compounding of drug preparations by a pharmacy for furnishing, distribution, distribution, furnishing, or use in this state shall be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. The board may adopt regulations to impose additional standards for compounding drug preparations.(b) Notwithstanding subdivision (a), compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.



4126.8. (a) The compounding of drug preparations by a pharmacy for furnishing, distribution, distribution, furnishing, or use in this state shall be consistent with standards established in the pharmacy compounding chapters of the current version of the United States Pharmacopeia-National Formulary, including relevant testing and quality assurance. The board may adopt regulations to impose additional standards for compounding drug preparations.

(b) Notwithstanding subdivision (a), compounding does not include reconstitution of a drug pursuant to a manufacturers directions, the sole act of tablet splitting or crushing, capsule opening, or the addition of a flavoring agent to enhance palatability.