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AB-2983 Pharmacies: automatic refills.(2019-2020)

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Date Published: 05/11/2020 09:00 PM
AB2983:v97#DOCUMENT

Amended  IN  Assembly  May 11, 2020
Amended  IN  Assembly  March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2983


Introduced by Assembly Member Holden

February 21, 2020


An act to add Section 4063.5 to the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2983, as amended, Holden. Pharmacies: automatic refills.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy, and makes a willful violation of those provisions a misdemeanor. Existing law prohibits a prescription for any dangerous drug or dangerous device to be refilled except upon authorization of the prescriber.
This bill would prohibit a pharmacy from automatically contacting a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a 7-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The bill would require a pharmacy to obtain separate written authorization for each prescription and would prohibit a pharmacy from requesting more than the number of refills authorized in the original prescription. The bill would require the pharmacy to retain a record of the authorization for at least 3 years. The bill would exempt certain pharmacies owned or operated by a nonprofit health care service plan, as specified. Because the bill would expand the scope of 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 4063.5 is added to the Business and Professions Code, to read:

4063.5.
 (a) A pharmacy shall not automatically contact a prescriber to authorize a prescription for any dangerous drug or device to be refilled for more than a seven-day supply unless the prescriber or patient has expressly authorized the pharmacy to automatically contact the prescriber to refill that prescription. The pharmacy shall obtain separate written authorization to automatically contact the prescriber for each prescription and shall not request more than the number of refills authorized in the original prescription. The pharmacy shall retain a record of the authorization for at least three years.
(b) This section shall not apply to a pharmacy owned or operated by a nonprofit health care service plan with at least 3,500,000 enrollees that provides health care services to enrollees in a specific geographic area through a mutually exclusive contract with a single medical group.

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.