Bill Text: CA AB2747 | 2009-2010 | Regular Session | Enrolled
Bill Title: Prisoners: pharmacy services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2747 Detail]
Download: California-2009-AB2747-Enrolled.html
BILL NUMBER: AB 2747 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 24, 2010
AMENDED IN SENATE AUGUST 19, 2010
AMENDED IN ASSEMBLY APRIL 26, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Bonnie Lowenthal
(Principal coauthor: Assembly Member Galgiani)
(Coauthors: Senators Leno and Liu)
FEBRUARY 19, 2010
An act to add Section 5024.2 to the Penal Code, relating to
prisoners.
LEGISLATIVE COUNSEL'S DIGEST
AB 2747, Bonnie Lowenthal. Prisoners: pharmacy services.
Existing law provides that it is the intent of the Legislature
that the Department of Corrections and Rehabilitation, in cooperation
with the Department of General Services and other appropriate state
agencies, take prompt action to adopt cost-effective reforms in its
drug and medical supply procurement processes, as specified. Existing
law authorizes the Secretary of the Department of Corrections and
Rehabilitation to adopt regulations requiring manufacturers of drugs
to pay the department a rebate for the purchase of drugs for
offenders in state custody that is at least equal to the rebate that
would be applicable to the drugs under the federal Social Security
Act.
This bill would provide that the Department of Corrections and
Rehabilitation shall maintain and operate a comprehensive pharmacy
services program for those facilities under the jurisdiction of the
department that incorporates, among other things, a statewide
pharmacy administration system with direct authority and
responsibility for program oversight and a multidisciplinary,
statewide Pharmacy and Therapeutics Committee with specified
responsibilities. The bill would authorize the department to operate
and maintain a centralized pharmacy distribution center, as
specified. The bill would authorize the department to investigate and
initiate potential systematic improvements in order to provide for
the safe and efficient distribution and control of, and
accountability for, drugs within the department's system. The bill
would require the department to ensure that there is a program
providing for the regular inspection of all the department's
pharmacies to verify compliance with applicable rules, regulations,
and other standards, as specified. The bill would require the
department to report specified information to specified legislative
committees relating to its pharmaceutical costs and its operation of
a fully functioning and centralized pharmacy distribution center.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5024.2 is added to the Penal Code, to read:
5024.2. (a) The Department of Corrections and Rehabilitation
shall maintain and operate a comprehensive pharmacy services program
for those facilities under the jurisdiction of the department that,
at a minimum, incorporates all of the following:
(1) A statewide pharmacy administration system with direct
authority and responsibility for program administration and
oversight.
(2) Medically necessary pharmacy services using professionally and
legally qualified pharmacists, consistent with the size and the
scope of medical services provided.
(3) Written procedures and operational practices pertaining to the
delivery of pharmaceutical services.
(4) A multidisciplinary, statewide Pharmacy and Therapeutics
Committee responsible for all of the following:
(A) Developing and managing a department formulary.
(B) Standardizing the strengths and dosage forms for medications
used in department facilities.
(C) Maintaining and monitoring a system for the review and
evaluation of corrective actions related to errors in prescribing,
dispensing, and administering medications.
(D) Conducting regular therapeutic category reviews for
medications listed in the department formulary.
(E) Evaluating medication therapies and providing input to the
development of disease management guidelines used in the department.
(5) A requirement for the use of generic medications, when
available, unless an exception is reviewed and approved in accordance
with an established nonformulary approval process.
(6) Use of an enterprise-based pharmacy operating system that
provides management with information on prescription workloads,
medication utilization, prescribing data, and other key pharmacy
information.
(b) The department is authorized to operate and maintain a
centralized pharmacy distribution center to provide advantages of
scale and efficiencies related to medication purchasing, inventory
control, volume production, drug distribution, workforce utilization,
and increased patient safety. The centralized pharmacy distribution
center and institutional pharmacies shall be licensed as pharmacies
by the California State Board of Pharmacy and shall meet all
applicable regulations applying to a pharmacy.
(1) The centralized pharmacy distribution center shall include
systems to do all of the following:
(A) Order and package bulk pharmaceuticals and prescription and
stock orders for all department correctional facilities.
(B) Label medications as required to meet state and federal
prescription requirements.
(C) Provide barcode validation matching the drug to the specific
prescription or floor stock order.
(D) Sort completed orders for shipping and delivery to department
facilities.
(2) Notwithstanding any other requirements, the department
centralized pharmacy distribution center is authorized to do the
following:
(A) Package bulk pharmaceuticals into both floor stock and
patient-specific packs.
(B) Reclaim, for reissue, unused and unexpired medications.
(C) Distribute the packaged products to department facilities for
use within the state corrections system.
(3) The centralized pharmacy distribution center shall maintain a
system of quality control checks on each process used to package,
label, and distribute medications. The quality control system shall
include a regular process of random checks by a licensed pharmacist.
(c) The department may investigate and initiate potential
systematic improvements in order to provide for the safe and
efficient distribution and control of, and accountability for, drugs
within the department's statewide pharmacy administration system,
taking into account factors unique to the correctional environment.
(d) The department shall ensure that there is a program providing
for the regular inspection of all department pharmacies in the state
to verify compliance with applicable law, rules, regulations, and
other standards as may be appropriate to ensure the health, safety,
and welfare of the department's inmate patients. Corrective actions
necessary to resolve any discrepancies or deficiencies shall be
documented in writing and monitored by the department for compliance.
(e) On March 1, 2012, and each March 1 thereafter, the department
shall report all of the following to the Joint Legislative Budget
Committee, the Senate Committee on Appropriations, the Senate
Committee on Budget and Fiscal Review, the Senate Committee on
Health, the Senate Committee on Public Safety, the Assembly Committee
on Appropriations, the Assembly Committee on Budget, the Assembly
Committee on Health, and the Assembly Committee on Public Safety:
(1) The extent to which the Pharmacy and Therapeutics Committee
has achieved the objectives set forth in this section, as well as the
most significant reasons for achieving or not achieving those
objectives.
(2) The extent to which the department is achieving the objective
of operating a fully functioning and centralized pharmacy
distribution center, as set forth in this section, that distributes
pharmaceuticals to every adult prison under the jurisdiction of the
department, as well as the most significant reasons for achieving or
not achieving that objective.
(3) The extent to which the centralized pharmacy distribution
center is achieving cost savings through improved efficiency and
distribution of unit dose medications.
(4) A description of planned or implemented initiatives to
accomplish the next 12 months' objectives for achieving the goals set
forth in this section, including a fully functioning and centralized
pharmacy distribution center that distributes pharmaceuticals to
every adult facility under the jurisdiction of the department.
(5) The costs for prescription pharmaceuticals for the previous
fiscal year, both statewide and at each adult prison under the
jurisdiction of the department, and a comparison of these costs with
those of the prior fiscal year.
(f) The requirement for submitting a report imposed under
subdivision (e) is inoperative on March 1, 2016, pursuant to Section
10231.5 of the Government Code.
