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SB-1229 Pharmacists: opioid medications: consultation.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
SB1229:v97#DOCUMENT

Amended  IN  Senate  April 09, 2018
Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1229


Introduced by Senator Stone

February 15, 2018


An act to add Section 4079 to the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1229, as amended, Stone. Pharmacists: opioid medications: consultation.
Existing law, the Pharmacy Law, a knowing violation of which is a misdemeanor, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing A knowing violation of that law is a misdemeanor. That law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription under specified circumstances, and requires a pharmacist to use professional judgment to provide a patient with directions for use that enhance the patient’s understanding of those directions. Existing regulatory law requires a pharmacist to provide oral consultation to a patient upon the patient’s request or whenever the pharmacist, in his or her professional judgment, deems it warranted.
This bill bill, except as specified, would require a pharmacist pharmacist, on dispensing any opioid medication to a patient or the patient’s agent for the first time, to provide oral consultation to a patient or the patient’s agent before dispensing any opioid medication the medication, in accordance with regulations to be adopted by the board, except as specified. board. The bill would prohibit the pharmacist from dispensing the medication if the patient or the patient’s agent declines the consultation. Because a knowing violation of the bill’s provisions would be a crime, 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4079 is added to the Business and Professions Code, to read:

4079.
 (a) A pharmacist shall provide oral consultation pharmacist, on dispensing any opioid medication to a patient or the patient’s agent for the first time, shall provide oral consultation before dispensing any opioid the medication. The initial consultation pursuant to this subdivision shall be a condition of obtaining the opioid medication and the pharmacist shall not dispense the medication if the patient or the patient’s agent may not decline declines the consultation.
(b) Notwithstanding subdivision (a), a pharmacist at a hospital pharmacy is not required to provide oral consultation before dispensing an opioid medication to a patient who has been admitted to the hospital. For purposes of this subdivision, “hospital pharmacy” has the same meaning as that term is defined in Section 4029.
(c) Subject to Section 4001.1, the board shall adopt regulations to implement this section that include, but are not limited to, establishing matters required to be discussed in the consultation.

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.