Bill Text: CA AB1535 | 2013-2014 | Regular Session | Chaptered
Bill Title: Pharmacists: naloxone hydrochloride.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-15 - Chaptered by Secretary of State - Chapter 326, Statutes of 2014. [AB1535 Detail]
Download: California-2013-AB1535-Chaptered.html
BILL NUMBER: AB 1535 CHAPTERED
BILL TEXT
CHAPTER 326
FILED WITH SECRETARY OF STATE SEPTEMBER 15, 2014
APPROVED BY GOVERNOR SEPTEMBER 15, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 14, 2014
AMENDED IN SENATE JUNE 24, 2014
AMENDED IN ASSEMBLY APRIL 1, 2014
AMENDED IN ASSEMBLY MARCH 18, 2014
INTRODUCED BY Assembly Member Bloom
(Coauthor: Senator Pavley)
JANUARY 21, 2014
An act to add Section 4052.01 to the Business and Professions
Code, relating to pharmacists.
LEGISLATIVE COUNSEL'S DIGEST
AB 1535, Bloom. Pharmacists: naloxone hydrochloride.
Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacists by the California State Board of Pharmacy.
Existing law, generally, authorizes a pharmacist to dispense or
furnish drugs only pursuant to a valid prescription. Existing law
authorizes a pharmacist to furnish emergency contraceptives and
hormonal contraceptives pursuant to standardized procedures or
protocols developed and approved by both the board and the Medical
Board of California, as specified, or developed by the pharmacist and
an authorized prescriber. Existing law also authorizes a pharmacist
to furnish nicotine replacement products pursuant to standardized
procedures or protocols developed and approved by both the board and
the Medical Board of California, as specified. Existing law
authorizes a licensed health care provider who is permitted to
prescribe an opioid antagonist and is acting with reasonable care to
prescribe and dispense or distribute an opioid antagonist for the
treatment of an opioid overdose to a person at risk of an
opioid-related overdose or a family member, friend, or other person
in a position to assist a person at risk of an opioid-related
overdose.
This bill would authorize a pharmacist to furnish naloxone
hydrochloride in accordance with standardized procedures or protocols
developed and approved by both the board and the Medical Board of
California, in consultation with specified entities. The bill would
require the board and the Medical Board of California, in developing
those procedures and protocols, to include procedures requiring the
pharmacist to provide a consultation to ensure the education of the
person to whom the drug is furnished, as specified, and notification
of the patient's primary care provider of drugs or devices furnished
to the patient, as specified. The bill would prohibit a pharmacist
furnishing naloxone hydrochloride pursuant to its provisions from
permitting the person to whom the drug is furnished to waive the
consultation described above. The bill would require a pharmacist to
complete a training program on the use of opioid antagonists prior to
performing this procedure. The bill would require each board to
enforce these provisions with respect to its respective licensees.
This bill would authorize the California State Board of Pharmacy
to adopt emergency regulations to establish the standardized
procedures or protocols that would remain in effect until the earlier
of 180 days following their effective date or the effective date of
regulations adopted as described above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4052.01 is added to the Business and
Professions Code, to read:
4052.01. (a) Notwithstanding any other provision of law, a
pharmacist may furnish naloxone hydrochloride in accordance with
standardized procedures or protocols developed and approved by both
the board and the Medical Board of California, in consultation with
the California Society of Addiction Medicine, the California
Pharmacists Association, and other appropriate entities. In
developing those standardized procedures or protocols, the board and
the Medical Board of California shall include the following:
(1) Procedures to ensure education of the person to whom the drug
is furnished, including, but not limited to, opioid overdose
prevention, recognition, and response, safe administration of
naloxone hydrochloride, potential side effects or adverse events, and
the imperative to seek emergency medical care for the patient.
(2) Procedures to ensure the education of the person to whom the
drug is furnished regarding the availability of drug treatment
programs.
(3) Procedures for the notification of the patient's primary care
provider with patient consent of any drugs or devices furnished to
the patient, or entry of appropriate information in a patient record
system shared with the primary care provider, as permitted by that
primary care provider, and with patient consent.
(b) A pharmacist furnishing naloxone hydrochloride pursuant to
this section shall not permit the person to whom the drug is
furnished to waive the consultation required by the board and the
Medical Board of California.
(c) Prior to performing a procedure authorized under this section,
a pharmacist shall complete a training program on the use of opioid
antagonists that consists of at least one hour of approved continuing
education on the use of naloxone hydrochloride.
(d) The board and the Medical Board of California are each
authorized to ensure compliance with this section. Each board is
specifically charged with enforcing this section with respect to its
respective licensees. This section does not expand the authority of a
pharmacist to prescribe any prescription medication.
(e) The board may adopt emergency regulations to establish the
standardized procedures or protocols. The adoption of regulations
pursuant to this subdivision shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. The emergency regulations authorized by
this subdivision are exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
subdivision shall be submitted to the Office of Administrative Law
for filing with the Secretary of State and shall remain in effect
until the earlier of 180 days following their effective date or the
effective date of regulations adopted pursuant to subdivision (a).
