California 2023-2024 Regular Session

California Senate Bill SB524 Compare Versions

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1-Amended IN Senate May 01, 2023 Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 524Introduced by Senator CaballeroFebruary 14, 2023 An act to amend Sections 4052 and 4052.4 of, and to add and repeal Section 4052.04 of, the Business and Professions Code, and to amend Section 14132.968 of the Welfare and Institutions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTSB 524, as amended, Caballero. Pharmacists: furnishing prescription medications.(1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of routine patient assessment procedures includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions.This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications pursuant to the results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bills provisions, that is used to guide diagnosis or clinical decisionmaking.(3) 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 4052 of the Business and Professions Code is amended to read:4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Until January 1, 2034, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV)Sexually transmitted infection. (V)(IV) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.SEC. 2. Section 4052.04 is added to the Business and Professions Code, to read:4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4)Sexually transmitted infection. (5)(4) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing the patient care services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.SEC. 3. Section 4052.4 of the Business and Professions Code is amended to read:4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.SEC. 4. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.SEC. 5. 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.
1+Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 524Introduced by Senator CaballeroFebruary 14, 2023 An act to amend Sections 4052 and 4052.4 of, and to add and repeal Section 4052.04 to, of, the Business and Professions Code, and to amend Section 14132.968 of the Welfare and Institutions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTSB 524, as amended, Caballero. Pharmacists: testing and treatment. furnishing prescription medications.(1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of routine patient assessment procedures includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions.This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications that are furnished pursuant to the result results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking, as specified. decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations. recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription medications drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bills provisions, that is used to guide diagnosis or clinical decisionmaking.(3) 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 4052 of the Business and Professions Code is amended to read:4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Prescription Until January 1, 2034, a pharmacist may furnish prescription medications that are furnished pursuant to the result results from a test as authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV) Sexually transmitted infection.(V) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (12)(13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(13)(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(14)(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.SEC. 2. Section 4052.04 is added to the Business and Professions Code, to read:4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescriptions prescription medications pursuant to the result results from a test, as test authorized by Section 4052.4, 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4) Sexually transmitted infection.(5) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing these the patient care services. services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (c)(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.SEC. 3. Section 4052.4 of the Business and Professions Code is amended to read:4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. A pharmacist may furnish prescriptions pursuant to the result from a routine patient assessment procedure, as authorized by this section, used to guide diagnosis or clinical decisionmaking. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.SEC. 4. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.4 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.SEC. 5. 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.
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3- Amended IN Senate May 01, 2023 Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 524Introduced by Senator CaballeroFebruary 14, 2023 An act to amend Sections 4052 and 4052.4 of, and to add and repeal Section 4052.04 of, the Business and Professions Code, and to amend Section 14132.968 of the Welfare and Institutions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTSB 524, as amended, Caballero. Pharmacists: furnishing prescription medications.(1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of routine patient assessment procedures includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions.This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications pursuant to the results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bills provisions, that is used to guide diagnosis or clinical decisionmaking.(3) 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
3+ Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 524Introduced by Senator CaballeroFebruary 14, 2023 An act to amend Sections 4052 and 4052.4 of, and to add and repeal Section 4052.04 to, of, the Business and Professions Code, and to amend Section 14132.968 of the Welfare and Institutions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTSB 524, as amended, Caballero. Pharmacists: testing and treatment. furnishing prescription medications.(1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of routine patient assessment procedures includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions.This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications that are furnished pursuant to the result results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking, as specified. decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations. recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription medications drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bills provisions, that is used to guide diagnosis or clinical decisionmaking.(3) 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
44
5- Amended IN Senate May 01, 2023 Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023
5+ Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023
66
7-Amended IN Senate May 01, 2023
87 Amended IN Senate April 10, 2023
98 Amended IN Senate March 20, 2023
109
1110 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1211
1312 Senate Bill
1413
1514 No. 524
1615
1716 Introduced by Senator CaballeroFebruary 14, 2023
1817
1918 Introduced by Senator Caballero
2019 February 14, 2023
2120
22- An act to amend Sections 4052 and 4052.4 of, and to add and repeal Section 4052.04 of, the Business and Professions Code, and to amend Section 14132.968 of the Welfare and Institutions Code, relating to healing arts.
21+ An act to amend Sections 4052 and 4052.4 of, and to add and repeal Section 4052.04 to, of, the Business and Professions Code, and to amend Section 14132.968 of the Welfare and Institutions Code, relating to healing arts.
2322
2423 LEGISLATIVE COUNSEL'S DIGEST
2524
2625 ## LEGISLATIVE COUNSEL'S DIGEST
2726
28-SB 524, as amended, Caballero. Pharmacists: furnishing prescription medications.
27+SB 524, as amended, Caballero. Pharmacists: testing and treatment. furnishing prescription medications.
2928
30-(1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of routine patient assessment procedures includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions.This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications pursuant to the results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bills provisions, that is used to guide diagnosis or clinical decisionmaking.(3) 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+(1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of routine patient assessment procedures includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions.This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications that are furnished pursuant to the result results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking, as specified. decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations. recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription medications drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bills provisions, that is used to guide diagnosis or clinical decisionmaking.(3) 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.
3130
3231 (1) Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. A violation of the Pharmacy Law is a crime. Existing law generally authorizes a pharmacist to dispense or furnish drugs only pursuant to a valid prescription, with prescribed exceptions. Existing law authorizes a pharmacist or a pharmacy to perform skin puncture in the course of performing routine patient assessment procedures, as defined, or in the course of performing prescribed clinical laboratory tests or examinations. Under existing law, the definition of routine patient assessment procedures includes clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) and specified regulations adopted pursuant to the CLIA. Existing law also authorizes a pharmacist to perform any aspect of a test approved or authorized by the United States Food and Drug Administration (FDA) that is classified as waived pursuant to the CLIA, under specified conditions.
3332
34-This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications pursuant to the results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.
33+This bill, with respect to the conditional performance of tests approved or authorized by the FDA and classified as waived pursuant to the CLIA, would instead authorize a pharmacist to order, perform, and report those tests. The bill bill, until January 1, 2034, would authorize a pharmacist to furnish prescription medications that are furnished pursuant to the result results from a test classified as waived pursuant to the CLIA performed by the pharmacist that is used to guide diagnosis or clinical decisionmaking, as specified. decisionmaking for SARS-CoV-2, Influenza, Streptococcal pharyngitis, sexually transmitted infection, or conjunctivitis, in accordance with specified requirements. The bill would require a pharmacist, in providing these patient care services, to utilize specified evidence-based clinical guidelines or other clinically recognized recommendations. recommendations, and in accordance with standardized procedures or protocol designed and approved by the board and the Medical Board of California. The bill would require the pharmacist to document, to the extent possible, the testing services provided, as well as the prescription medications drugs, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The bill would require a pharmacy or health care facility in which a pharmacist is furnishing treatment to provide an area designed to maintain privacy and confidentiality of the patient. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.
3534
3635 (2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits, including pharmacist services, which are subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
3736
3837 This bill would expand the Medi-Cal schedule of benefits to include ordering, performing, and reporting any test approved or authorized by the FDA that is classified as waived pursuant to the CLIA, as authorized by existing law, that is used to guide diagnosis or clinical decisionmaking. The bill would also expand the schedule of benefits to include furnishing prescriptions pursuant to the result from a test, as authorized by the bills provisions, that is used to guide diagnosis or clinical decisionmaking.
3938
4039 (3) 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.
4140
4241 This bill would provide that no reimbursement is required by this act for a specified reason.
4342
4443 ## Digest Key
4544
4645 ## Bill Text
4746
48-The people of the State of California do enact as follows:SECTION 1. Section 4052 of the Business and Professions Code is amended to read:4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Until January 1, 2034, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV)Sexually transmitted infection. (V)(IV) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.SEC. 2. Section 4052.04 is added to the Business and Professions Code, to read:4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4)Sexually transmitted infection. (5)(4) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing the patient care services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.SEC. 3. Section 4052.4 of the Business and Professions Code is amended to read:4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.SEC. 4. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.SEC. 5. 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.
47+The people of the State of California do enact as follows:SECTION 1. Section 4052 of the Business and Professions Code is amended to read:4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Prescription Until January 1, 2034, a pharmacist may furnish prescription medications that are furnished pursuant to the result results from a test as authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV) Sexually transmitted infection.(V) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (12)(13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(13)(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(14)(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.SEC. 2. Section 4052.04 is added to the Business and Professions Code, to read:4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescriptions prescription medications pursuant to the result results from a test, as test authorized by Section 4052.4, 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4) Sexually transmitted infection.(5) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing these the patient care services. services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (c)(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.SEC. 3. Section 4052.4 of the Business and Professions Code is amended to read:4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. A pharmacist may furnish prescriptions pursuant to the result from a routine patient assessment procedure, as authorized by this section, used to guide diagnosis or clinical decisionmaking. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.SEC. 4. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.4 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.SEC. 5. 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.
4948
5049 The people of the State of California do enact as follows:
5150
5251 ## The people of the State of California do enact as follows:
5352
54-SECTION 1. Section 4052 of the Business and Professions Code is amended to read:4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Until January 1, 2034, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV)Sexually transmitted infection. (V)(IV) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
53+SECTION 1. Section 4052 of the Business and Professions Code is amended to read:4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Prescription Until January 1, 2034, a pharmacist may furnish prescription medications that are furnished pursuant to the result results from a test as authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV) Sexually transmitted infection.(V) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (12)(13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(13)(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(14)(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
5554
5655 SECTION 1. Section 4052 of the Business and Professions Code is amended to read:
5756
5857 ### SECTION 1.
5958
60-4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Until January 1, 2034, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV)Sexually transmitted infection. (V)(IV) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
59+4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Prescription Until January 1, 2034, a pharmacist may furnish prescription medications that are furnished pursuant to the result results from a test as authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV) Sexually transmitted infection.(V) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (12)(13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(13)(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(14)(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
6160
62-4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Until January 1, 2034, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV)Sexually transmitted infection. (V)(IV) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
61+4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Prescription Until January 1, 2034, a pharmacist may furnish prescription medications that are furnished pursuant to the result results from a test as authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV) Sexually transmitted infection.(V) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (12)(13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(13)(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(14)(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
6362
64-4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Until January 1, 2034, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV)Sexually transmitted infection. (V)(IV) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
63+4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:(1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.(2) Transmit a valid prescription to another pharmacist.(3) Administer drugs and biological products that have been ordered by a prescriber.(4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.(5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.(6) Perform procedures or functions as authorized by Section 4052.6.(7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.(8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.(9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.(10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):(A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.(ii) Nicotine replacement products, as authorized by Section 4052.9.(iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.(iv) Prescription Until January 1, 2034, a pharmacist may furnish prescription medications that are furnished pursuant to the result results from a test as authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(I) SARS-CoV-2.(II) Influenza.(III) Streptococcal pharyngitis.(IV) Sexually transmitted infection.(V) Conjunctivitis.(v) HIV preexposure prophylaxis, as authorized by Section 4052.02.(vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.(B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.(11) Administer immunizations pursuant to a protocol with a prescriber.(12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4. (12)(13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.(13)(14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.(14)(15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.(b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.(c) This section does not affect the applicable requirements of law relating to either of the following:(1) Maintaining the confidentiality of medical records.(2) The licensing of a health care facility.
6564
6665
6766
6867 4052. (a) Notwithstanding any other law, a pharmacist may do all of the following:
6968
7069 (1) Furnish a reasonable quantity of compounded drug product to a prescriber for office use by the prescriber.
7170
7271 (2) Transmit a valid prescription to another pharmacist.
7372
7473 (3) Administer drugs and biological products that have been ordered by a prescriber.
7574
7675 (4) Perform procedures or functions in a licensed health care facility as authorized by Section 4052.1.
7776
7877 (5) Perform procedures or functions as part of the care provided by a health care facility, a licensed home health agency, a licensed clinic in which there is physician oversight, a provider who contracts with a licensed health care service plan with regard to the care or services provided to the enrollees of that health care service plan, or a physician, as authorized by Section 4052.2.
7978
8079 (6) Perform procedures or functions as authorized by Section 4052.6.
8180
8281 (7) Manufacture, measure, fit to the patient, or sell and repair dangerous devices, or furnish instructions to the patient or the patients representative concerning the use of those devices.
8382
8483 (8) Provide consultation, training, and education to patients about drug therapy, disease management, and disease prevention.
8584
8685 (9) Provide professional information, including clinical or pharmacological information, advice, or consultation to other health care professionals, and participate in multidisciplinary review of patient progress, including appropriate access to medical records.
8786
8887 (10) Furnish the medications described in subparagraph (A) in accordance with subparagraph (B):
8988
9089 (A) (i) Emergency contraception drug therapy and self-administered hormonal contraceptives, as authorized by Section 4052.3.
9190
9291 (ii) Nicotine replacement products, as authorized by Section 4052.9.
9392
9493 (iii) Prescription medications not requiring a diagnosis that are recommended by the federal Centers for Disease Control and Prevention for individuals traveling outside of the United States.
9594
96-(iv) Until January 1, 2034, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:
95+(iv) Prescription Until January 1, 2034, a pharmacist may furnish prescription medications that are furnished pursuant to the result results from a test as authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:
9796
9897 (I) SARS-CoV-2.
9998
10099 (II) Influenza.
101100
102101 (III) Streptococcal pharyngitis.
103102
104103 (IV) Sexually transmitted infection.
105104
106-
107-
108-(V)
109-
110-
111-
112-(IV) Conjunctivitis.
105+(V) Conjunctivitis.
113106
114107 (v) HIV preexposure prophylaxis, as authorized by Section 4052.02.
115108
116109 (vi) HIV postexposure prophylaxis, as authorized by Section 4052.03.
117110
118111 (B) The pharmacist shall notify the patients primary care provider of any drugs or devices furnished to the patient, or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by that primary care provider. If the patient does not have a primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patients choice.
119112
120113 (11) Administer immunizations pursuant to a protocol with a prescriber.
121114
122115 (12) Order, perform, and report any test authorized by subdivision (b) of Section 4052.4.
123116
117+(12)
118+
119+
120+
124121 (13) Order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies. A pharmacist who orders and interprets tests pursuant to this paragraph shall ensure that the ordering of those tests is done in coordination with the patients primary care provider or diagnosing prescriber, as appropriate, including promptly transmitting written notification to the patients diagnosing prescriber or entering the appropriate information in a patient record system shared with the prescriber, when available and as permitted by that prescriber.
125122
123+(13)
124+
125+
126+
126127 (14) Initiate, adjust, or discontinue drug therapy for a patient under a collaborative practice agreement with any health care provider with prescriptive authority. The collaborative practice agreement may be between a single or multiple pharmacists and a single or multiple health care providers with prescriptive authority.
128+
129+(14)
130+
131+
127132
128133 (15) Provide medication-assisted treatment pursuant to a state protocol, to the extent authorized by federal law.
129134
130135 (b) A pharmacist who is authorized to issue an order to initiate or adjust a controlled substance therapy pursuant to this section shall personally register with the federal Drug Enforcement Administration.
131136
132137 (c) This section does not affect the applicable requirements of law relating to either of the following:
133138
134139 (1) Maintaining the confidentiality of medical records.
135140
136141 (2) The licensing of a health care facility.
137142
138-SEC. 2. Section 4052.04 is added to the Business and Professions Code, to read:4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4)Sexually transmitted infection. (5)(4) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing the patient care services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
143+SEC. 2. Section 4052.04 is added to the Business and Professions Code, to read:4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescriptions prescription medications pursuant to the result results from a test, as test authorized by Section 4052.4, 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4) Sexually transmitted infection.(5) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing these the patient care services. services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (c)(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
139144
140145 SEC. 2. Section 4052.04 is added to the Business and Professions Code, to read:
141146
142147 ### SEC. 2.
143148
144-4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4)Sexually transmitted infection. (5)(4) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing the patient care services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
149+4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescriptions prescription medications pursuant to the result results from a test, as test authorized by Section 4052.4, 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4) Sexually transmitted infection.(5) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing these the patient care services. services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (c)(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
145150
146-4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4)Sexually transmitted infection. (5)(4) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing the patient care services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
151+4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescriptions prescription medications pursuant to the result results from a test, as test authorized by Section 4052.4, 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4) Sexually transmitted infection.(5) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing these the patient care services. services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (c)(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
147152
148-4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4)Sexually transmitted infection. (5)(4) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing the patient care services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
153+4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescriptions prescription medications pursuant to the result results from a test, as test authorized by Section 4052.4, 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:(1) SARS-CoV-2.(2) Influenza.(3) Streptococcal pharyngitis.(4) Sexually transmitted infection.(5) Conjunctivitis.(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing these the patient care services. services described in subdivision (a).(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments. (c)(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.(e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.(f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
149154
150155
151156
152-4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescription medications pursuant to the results from a test authorized by Section 4052.4 that is used to guide diagnosis or clinical decisionmaking for the following illnesses, conditions, or diseases:
157+4052.04. (a) Notwithstanding any other law, a pharmacist may furnish prescriptions prescription medications pursuant to the result results from a test, as test authorized by Section 4052.4, 4052.4 that is used to guide diagnosis or clinical decisionmaking. decisionmaking for the following illnesses, conditions, or diseases:
153158
154159 (1) SARS-CoV-2.
155160
156161 (2) Influenza.
157162
158163 (3) Streptococcal pharyngitis.
159164
160165 (4) Sexually transmitted infection.
161166
167+(5) Conjunctivitis.
162168
169+(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing these the patient care services. services described in subdivision (a).
163170
164-(5)
171+(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments.
172+
173+(c)
165174
166175
167176
168-(4) Conjunctivitis.
169-
170-(b) A pharmacist shall utilize the most recent relevant and appropriate evidence-based clinical guidelines published by the federal Centers for Disease Control and Prevention or the Infectious Diseases Society of America, or other clinically recognized recommendations, in providing the patient care services described in subdivision (a).
171-
172-(c) Any prescription drug, device, or other treatment furnished by a pharmacist pursuant to this section shall be furnished in accordance with standardized procedures or protocols designed and approved by the California State Board of Pharmacy and the Medical Board of California, which shall include requirements for appropriate pharmacist training to furnish the drugs, devices, or other treatments.
173-
174-(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.
177+(d) The pharmacist shall document, to the extent possible, the testing services provided, as well as the prescription medications medications, devices, or other treatments furnished, to the patient pursuant to the test result, in the patients record in the record system maintained by the pharmacy. The pharmacist shall maintain records of prescription medications furnished to each patient.
175178
176179 (e) A pharmacy or health care facility in which a pharmacist is furnishing treatment pursuant to this section shall provide an area designed to maintain privacy and confidentiality of the patient.
177180
178181 (f) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
179182
180-SEC. 3. Section 4052.4 of the Business and Professions Code is amended to read:4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
183+SEC. 3. Section 4052.4 of the Business and Professions Code is amended to read:4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. A pharmacist may furnish prescriptions pursuant to the result from a routine patient assessment procedure, as authorized by this section, used to guide diagnosis or clinical decisionmaking. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
181184
182185 SEC. 3. Section 4052.4 of the Business and Professions Code is amended to read:
183186
184187 ### SEC. 3.
185188
186-4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
189+4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. A pharmacist may furnish prescriptions pursuant to the result from a routine patient assessment procedure, as authorized by this section, used to guide diagnosis or clinical decisionmaking. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
187190
188-4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
191+4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. A pharmacist may furnish prescriptions pursuant to the result from a routine patient assessment procedure, as authorized by this section, used to guide diagnosis or clinical decisionmaking. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
189192
190-4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
193+4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. A pharmacist may furnish prescriptions pursuant to the result from a routine patient assessment procedure, as authorized by this section, used to guide diagnosis or clinical decisionmaking. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.(b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:(1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.(A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:(i) SARS-CoV-2 or other respiratory illness, condition or disease.(ii) Mononucleosis.(iii) Sexually transmitted infection.(iv) Strep throat.(v) Anemia.(vi) Cardiovasular health.(vii) Conjunctivitis.(viii) Urinary tract infection.(ix) Liver and kidney function or infection.(x) Thyroid function.(xi) Substance use disorder.(xii) Diabetes.(B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.(2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.(3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
191194
192195
193196
194-4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.
197+4052.4. (a) Notwithstanding Section 2038 or any other provision of law, a pharmacist may perform skin puncture in the course of performing routine patient assessment procedures or in the course of performing any procedure authorized under Section 1206.5 or 1206.6. For purposes of this section, routine patient assessment procedures means: (a) procedures that a patient could, with or without a prescription, perform for themselves, or (b) clinical laboratory tests that are classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by paragraph (11) of subdivision (a) of Section 1206.5 or Section 1206.6. A pharmacist performing these functions shall report the results obtained from a test to the patient and any physician designated by the patient. A pharmacist may furnish prescriptions pursuant to the result from a routine patient assessment procedure, as authorized by this section, used to guide diagnosis or clinical decisionmaking. Any pharmacist who performs the service authorized by this section shall not be in violation of Section 2052.
195198
196199 (b) A pharmacist may order, perform, and report any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, under all of the following conditions:
197200
198201 (1) The test meets the criteria in subparagraph (A) or (B) and does not require the use of specimens collected by vaginal swab, venipuncture, or the collection of seminal fluid.
199202
200203 (A) The test is used to detect or screen for any of the following illnesses, conditions, or diseases:
201204
202205 (i) SARS-CoV-2 or other respiratory illness, condition or disease.
203206
204207 (ii) Mononucleosis.
205208
206209 (iii) Sexually transmitted infection.
207210
208211 (iv) Strep throat.
209212
210213 (v) Anemia.
211214
212215 (vi) Cardiovasular health.
213216
214217 (vii) Conjunctivitis.
215218
216219 (viii) Urinary tract infection.
217220
218221 (ix) Liver and kidney function or infection.
219222
220223 (x) Thyroid function.
221224
222225 (xi) Substance use disorder.
223226
224227 (xii) Diabetes.
225228
226229 (B) Other tests classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration and approved by the board by regulation, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health.
227230
228231 (2) The pharmacist completes the testing in a pharmacy laboratory that is appropriately licensed in California as a laboratory pursuant to Section 1265, unless otherwise authorized in law.
229232
230233 (3) The pharmacist has completed necessary training as specified in the pharmacys policies and procedures maintained pursuant to subdivision (b) of Section 4119.10, and that allows the pharmacist to demonstrate sufficient knowledge of the illness, condition, or disease being tested, as applicable.
231234
232-SEC. 4. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
235+SEC. 4. Section 14132.968 of the Welfare and Institutions Code is amended to read:14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.4 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
233236
234237 SEC. 4. Section 14132.968 of the Welfare and Institutions Code is amended to read:
235238
236239 ### SEC. 4.
237240
238-14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
241+14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.4 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
239242
240-14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
243+14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.4 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
241244
242-14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
245+14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.(2) The department shall establish a fee schedule for the list of pharmacist services.(3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.(b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:(A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.(B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.(C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.(D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.(E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.(F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.(G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.(H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.(I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.4 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.(2) Covered pharmacist services shall be subject to department protocols and utilization controls.(c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.(d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.(2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
243246
244247
245248
246249 14132.968. (a) (1) Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.
247250
248251 (2) The department shall establish a fee schedule for the list of pharmacist services.
249252
250253 (3) The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.
251254
252255 (b) (1) The following services are covered pharmacist services that may be provided to a Medi-Cal beneficiary:
253256
254257 (A) Furnishing travel medications, as authorized in clause (3) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.
255258
256259 (B) Furnishing naloxone hydrochloride, as authorized in Section 4052.01 of the Business and Professions Code.
257260
258261 (C) Furnishing self-administered hormonal contraception, as authorized in subdivision (a) of Section 4052.3 of the Business and Professions Code.
259262
260263 (D) Initiating and administering immunizations, as authorized in Section 4052.8 of the Business and Professions Code.
261264
262265 (E) Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052.9 of the Business and Professions Code.
263266
264267 (F) Initiating and furnishing preexposure prophylaxis, as authorized in Section 4052.02 of the Business and Professions Code, limited to no more than a 60-day supply of preexposure prophylaxis to a single patient once every two years.
265268
266269 (G) Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052.03 of the Business and Professions Code.
267270
268271 (H) Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.
269272
270273 (I) Ordering, performing, and reporting any test approved or authorized by the United States Food and Drug Administration that is classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and the regulations adopted thereunder by the federal Health Care Financing Administration, as authorized by Section 4052.4 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.
271274
272-(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.
275+(J) Furnishing prescriptions pursuant to the result from a test, as authorized by Section 4052.4 4052.04 of the Business and Professions Code, that is used to guide diagnosis or clinical decisionmaking.
273276
274277 (2) Covered pharmacist services shall be subject to department protocols and utilization controls.
275278
276279 (c) A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.
277280
278281 (d) (1) The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.
279282
280283 (2) This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.
281284
282285 (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
283286
284287 SEC. 5. 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.
285288
286289 SEC. 5. 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.
287290
288291 SEC. 5. 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.
289292
290293 ### SEC. 5.