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AB-1710 Pharmacy practice: vaccines.(2019-2020)

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Date Published: 07/02/2020 09:00 PM
AB1710:v95#DOCUMENT

Amended  IN  Senate  July 02, 2020
Amended  IN  Assembly  May 20, 2019
Amended  IN  Assembly  April 30, 2019
Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1710


Introduced by Assembly Member Wood

February 22, 2019


An act to add Section 26203 to the Business and Professions Code, relating to cannabis. amend Section 4052.8 of the Business and Professions Code, relating to pharmacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1710, as amended, Wood. Cannabis. Pharmacy practice: vaccines.
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 authorizes a pharmacist to independently initiate and administer vaccines listed on the routine immunization schedules recommended by the federal Advisory Committee on Immunization Practices (ACIP) in compliance with individual ACIP vaccine recommendations, and published by the federal Centers for Disease Control and Prevention (CDC) for persons 3 years of age or older.
This bill would also authorize a pharmacist to independently initiate and administer vaccines approved by the federal Food and Drug Administration (FDA) under the circumstances described above. Because a violation of these 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.

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.

Existing law provides a local jurisdiction, defined as a city, city and county, or county, with specified powers regarding commercial cannabis activity, including adopting and enforcing local ordinances regulating commercial cannabis activity, including prohibiting that activity. Existing law prohibits a licensing authority from approving an application for a state license if approval will violate the provisions of a local ordinance or regulation.

This bill would amend AUMA by authorizing the Elk Valley Rancheria, California, a federally recognized Indian tribe, and the County of Del Norte to enter into an agreement, as defined, regarding local authorization for, and tribal regulation of, commercial cannabis activity. The bill would provide that the agreement would satisfy the requirements of MAUCRSA regarding the approval of a local jurisdiction for state license purposes and would require that the licensee or applicant be subject to all of the requirements of MAUCRSA for the applicable license type. The bill would exempt the agreement from the California Environmental Quality Act (CEQA), but would not limit the licensee’s requirement to comply with all state laws, including CEQA.

This bill would make legislative findings and declarations as to the necessity of a special statute for Elk Valley Rancheria and the County of Del Norte.

AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses of the Legislature, without submission to the voters, to further its purposes and intent.

This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 4052.8 of the Business and Professions Code is amended to read:

4052.8.
 (a) In addition to the authority provided in paragraph (11) of subdivision (a) of Section 4052, a pharmacist may independently initiate and administer vaccines approved by the federal Food and Drug Administration (FDA), or listed on the routine immunization schedules recommended by the federal Advisory Committee on Immunization Practices (ACIP), in compliance with individual ACIP vaccine recommendations, and published by the federal Centers for Disease Control and Prevention (CDC) for persons three years of age and older.
(b) In order to initiate and administer an immunization described in subdivision (a), a pharmacist shall do all of the following:
(1) Complete an immunization training program endorsed by the CDC or the Accreditation Council for Pharmacy Education that, at a minimum, includes hands-on injection technique, clinical evaluation of indications and contraindications of vaccines, and the recognition and treatment of emergency reactions to vaccines, and shall maintain that training.
(2) Be certified in basic life support.
(3) Comply with all state and federal recordkeeping and reporting requirements, including providing documentation to the patient’s primary care provider and entering information in the appropriate immunization registry designated by the immunization branch of the State Department of Public Health.
(c) A pharmacist administering immunizations pursuant to this section, or paragraph (11) of subdivision (a) of Section 4052, may also initiate and administer epinephrine or diphenhydramine by injection for the treatment of a severe allergic reaction.

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.
SECTION 1.Section 26203 is added to the Business and Professions Code, to read:
26203.

(a)The Elk Valley Rancheria, California, a federally recognized Indian tribe, and the County of Del Norte may enter into an agreement regarding commercial cannabis activities on the tribe’s trust lands. An agreement that was entered into by the tribe and the county prior to January 1, 2020, remains valid if it otherwise complies with this section.

(b)The agreement shall satisfy the requirement of this chapter regarding the approval of a local jurisdiction for state license purposes. The agreement shall require that the licensee or applicant is subject to all of the requirements of this division for the applicable license type.

(c)The execution of an agreement pursuant to this section does not constitute a project and shall be exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). This exemption does not limit the requirement of the licensee to comply with all state laws, including the California Environmental Quality Act, that are applicable to them as a licensee.

(d)For purposes of this section, “agreement” means a memorandum of understanding, intergovernmental agreement joint powers agreement, or other type of agreement regarding local authorization for, and tribal regulation of, commercial cannabis activity.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the Elk Valley Rancheria and the County of Del Norte.

SEC. 3.

The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.