BILL NUMBER: AB 299 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Holden
FEBRUARY 12, 2013
An act to amend Section 4112 of the Business and Professions Code,
relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 299, as introduced, Holden. Pharmacy.
The Pharmacy Law governs the business and practice of pharmacy in
this state. That law provides that any pharmacy located outside this
state that ships, mails, or delivers, in any manner, controlled
substances, dangerous drugs, or dangerous devices into this state is
considered a nonresident pharmacy. The law prohibits a person from
acting as a nonresident pharmacy unless he or she has obtained a
license, and imposes various disclosure and recordkeeping
requirements on nonresident pharmacies. Any person who knowingly
violates these provisions is guilty of a misdemeanor.
This bill would prohibit a nonresident pharmacy or a pharmacy
located in this state that delivers prescriptions via mail from
entering into, or being a party to, an agreement with a health care
service plan or disability insurer that requires a plan enrollee or
insured to utilize mail order services or that requires a plan
enrollee or insured to opt out of a mail order process. By creating
new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4112 of the Business and Professions Code is
amended to read:
4112. (a) Any pharmacy located outside this state that ships,
mails, or delivers, in any manner, controlled substances, dangerous
drugs, or dangerous devices into this state shall be considered a
nonresident pharmacy.
(b) A person may not act as a nonresident pharmacy unless he or
she has obtained a license from the board. The board may register a
nonresident pharmacy that is organized as a limited liability company
in the state in which it is licensed.
(c) A nonresident pharmacy shall disclose to the board the
location, names, and titles of (1) its agent for service of process
in this state, (2) all principal corporate officers, if any, (3) all
general partners, if any, and (4) all pharmacists who are dispensing
controlled substances, dangerous drugs, or dangerous devices to
residents of this state. A report containing this information shall
be made on an annual basis and within 30 days after any change of
office, corporate officer, partner, or pharmacist.
(d) All nonresident pharmacies shall comply with all lawful
directions and requests for information from the regulatory or
licensing agency of the state in which it is licensed as well as with
all requests for information made by the board pursuant to this
section. The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to conduct the
pharmacy in compliance with the laws of the state in which it is a
resident. As a prerequisite to registering with the board, the
nonresident pharmacy shall submit a copy of the most recent
inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the state in which it is located.
(e) All nonresident pharmacies shall maintain records of
controlled substances, dangerous drugs, or dangerous devices
dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.
(f) Any pharmacy subject to this section shall, during its regular
hours of operation, but not less than six days per week, and for a
minimum of 40 hours per week, provide a toll-free telephone service
to facilitate communication between patients in this state and a
pharmacist at the pharmacy who has access to the patient's records.
This toll-free telephone number shall be disclosed on a label affixed
to each container of drugs dispensed to patients in this state.
(g) A nonresident pharmacy shall not permit a pharmacist whose
license has been revoked by the board to manufacture, compound,
furnish, sell, dispense, or initiate the prescription of a dangerous
drug or dangerous device, or to provide any pharmacy-related service,
to a person residing in California.
(h) A nonresident pharmacy or a pharmacy located in this state
that delivers prescriptions via mail is prohibited from entering
into, or being a party to, an agreement with a health care service
plan or disability insurer that requires a plan enrollee or insured
to utilize mail order services or that requires a plan enrollee or
insured to opt out of a mail order process.
(h)
(i) The board shall adopt regulations that apply the
same requirements or standards for oral consultation to a nonresident
pharmacy that operates pursuant to this section and ships, mails, or
delivers any controlled substances, dangerous drugs, or dangerous
devices to residents of this state, as are applied to an in-state
pharmacy that operates pursuant to Section 4037 when the pharmacy
ships, mails, or delivers any controlled substances, dangerous drugs,
or dangerous devices to residents of this state. The board shall not
adopt any regulations that require face-to-face consultation for a
prescription that is shipped, mailed, or delivered to the patient.
The regulations adopted pursuant to this subdivision shall not result
in any unnecessary delay in patients receiving their medication.
(i)
( j) The registration fee shall be the fee
specified in subdivision (a) of Section 4400.
(j)
( k) The registration requirements of this
section shall apply only to a nonresident pharmacy that ships, mails,
or delivers controlled substances, dangerous drugs, and dangerous
devices into this state pursuant to a prescription.
(k)
( l) Nothing in this section shall be
construed to authorize the dispensing of contact lenses by
nonresident pharmacists except as provided by Section 4124.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.
Source found here
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