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SB-1426 Pharmacists: authority to prescribe and dispense dangerous drugs and devices.(2017-2018)

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Date Published: 03/23/2018 04:00 AM
SB1426:v98#DOCUMENT

Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1426


Introduced by Senator Stone

February 16, 2018


An act to add Sections 4069 and 4069.1 to the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1426, as amended, Stone. Pharmacists: authority to prescribe and dispense dangerous drugs and devices.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy, and generally prohibits a pharmacist from dispensing a dangerous drug or dangerous device except upon the prescription of an authorized prescriber. Existing law, notwithstanding that prohibition, authorizes a pharmacist to furnish certain dangerous drugs and devices, including nicotine replacement products, certain vaccines, and self-administered hormonal contraceptives, without a prescription in accordance with specified protocols and conditions. Existing law authorizes a pharmacist recognized by the board as an advanced practice pharmacist to perform specified tasks, including initiating, adjusting, or discontinuing drug therapy in a specified manner.
This bill would express the intent of the Legislature to enact legislation that would require the California State Board of Pharmacy board to convene a Public Health and Pharmacy Formulary Advisory Committee to advise the board in promulgating regulations to establish a formulary of drugs and devices that a an advanced practice pharmacist may prescribe and dispense furnish to a patient, and to promulgate regulations establishing patient. The bill would require the board to establish a formulary of dangerous drugs and devices that a pharmacy an advanced practice pharmacist may prescribe and dispense furnish to a patient. patient, and would authorize an advanced practice pharmacist to furnish a dangerous drug or dangerous device included on the formulary to a patient pursuant to a diagnosis by a health care practitioner.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 4069 is added to the Business and Professions Code, to read:

4069.
 (a) Notwithstanding any other law, an advanced practice pharmacist may, in addition to the tasks authorized by Section 4052.6, furnish a dangerous drug or dangerous device included on the formulary established under subdivision (b) pursuant to a diagnosis by a health care practitioner who has prescribing authority and is qualified to make the diagnosis.
(b) The board shall establish by regulation a formulary of dangerous drugs and dangerous devices, as recommended by the Public Health and Pharmacy Formulary Advisory Committee established pursuant to Section 4069.1, that an advanced practice pharmacist may furnish to a patient pursuant to a diagnosis by a health care practitioner who has prescribing authority and who is qualified to make the diagnosis.

SEC. 2.

 Section 4069.1 is added to the Business and Professions Code, to read:

4069.1.
 (a) The board shall convene a Public Health and Pharmacy Formulary Advisory Committee consisting of seven members appointed by the Governor for the purpose of advising the board in promulgating regulations to establish a formulary of drugs and devices that an advanced practice pharmacist may furnish to a patient pursuant to Section 4069.
(b) The committee shall consist of the following members:
(1) Two physicians and surgeons licensed to practice medicine.
(2) Two advanced practice registered nurses, as defined in Section 2725.5, who have prescriptive authority and who are licensed by the Board of Registered Nursing.
(3) Three pharmacists licensed by the board, at least one of whom is employed as a community pharmacist and one of whom is employed as a health system pharmacist.
(4) The Medical Board of California, the Board of Registered Nursing, and the board may each submit to the Governor a list of up to three names of individuals to be considered for membership for each of the vacancies required to be filled by licensees of each board.
(c) The term of each member of the committee shall be two years. A member whose term has expired shall continue to serve until a successor is appointed. If a vacancy occurs, a person who is a representative of the same state agency as the departing member shall serve for the remainder of the term.
(d) The committee shall elect one of its members to serve as chairperson.
(e) The committee shall recommend to the board for adoption by regulation of the board a formulary of drugs and devices that an advanced practice pharmacist may furnish to a patient pursuant to a diagnosis by a health care practitioner qualified to make the diagnosis. The committee shall periodically review the formulary and recommend the revisions to the board for adoption by regulation.
(f) A pharmacist may request that the committee recommend adding a drug or device to the formulary by submitting to the committee a request form prescribed by the board. The addition to the formulary of a drug or device under this subdivision shall be considered a revision to the formulary that the committee may recommend to the board for adoption by regulation.

SECTION 1.

It is the intent of the Legislature to enact legislation that would do both of the following:

(a)Require the California State Board of Pharmacy to convene a Public Health and Pharmacy Formulary Advisory Committee, that includes representatives from the Medical Board of California, the Board of Registered Nursing, and the California State Board of Pharmacy, for the purpose of advising the California State Board of Pharmacy in promulgating regulations to establish a formulary of dangerous drugs and devices that a pharmacist may prescribe and dispense to a patient.

(b)Require the California State Board of Pharmacy to establish by regulation a formulary of dangerous drugs and devices recommended by the Public Health and Pharmacy Formulary Advisory Committee that a pharmacist may prescribe and dispense to a patient that may include postdiagnostic drugs and devices such as diabetic testing supplies, emergency refills of insulin, albuterol inhalers, epinephrine autoinjectors, discharge medications for transitions of care, rapid strep tests, and spacers.