Bill Text: CA AB670 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pharmacy Law: incentive payments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB670 Detail]

Download: California-2013-AB670-Amended.html

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BILL NUMBER: AB 670	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Atkins

                        FEBRUARY 21, 2013

   An act to  amend Section 500 of   add Section
4073.5 to  the Business and Professions Code, relating to
healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 670, as amended, Atkins.  Healing arts: reproduction of
board records.   Pharmacy Law: incentive payments.
 
   The Pharmacy Law governs the practice of pharmacy in this state,
including the permissible duties of licensed pharmacists. Among other
permitted acts, a pharmacist filling a prescription order for a drug
product prescribed by its trade or brand name may select another
drug product with the same active chemical ingredients of the same
strength, quantity, and dosage form, and of the same generic drug
name as determined, as specified, of those drug products having the
same active chemical ingredients. A person who violates the Pharmacy
Law is guilty of a crime, as specified.  
   This bill would prohibit a pharmacist or pharmacy employer from
receiving any payment or other compensation, in the form of money or
otherwise, that is used as an inducement to specifically recommend or
replace an originally prescribed drug product with a drug product
that does not have the same active ingredient as the originally
prescribed drug product. By creating a new 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.  
   Existing law establishes the Medical Board of California, the
Dental Board of California, and the California State Board of
Pharmacy to regulate the practice of medicine, dentistry, and
pharmacy, respectively, including licensing professionals in those
fields. Existing law provides that whenever the register or book of
registration of one of those entities is destroyed by fire or other
public calamity, the board, whose duty it is to keep the register or
book, may reproduce it so that there may be shown as nearly as
possible the record existing in the original at the time of
destruction.  
   This bill would provide that acceptable forms for the reproduction
include the portable document format (PDF) or other secure
electronic format. The bill would also make technical, nonsubstantive
changes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4073.5 is added to the 
 Business and Professions Code   , to read:  
   4073.5.  (a) A pharmacist or pharmacy employer shall not receive
any payment or other compensation, in the form of money or otherwise,
that is used as an inducement to specifically recommend or replace
an originally prescribed drug product with a drug product that does
not have the same active ingredient as the originally prescribed drug
product.
   (b) Nothing in this section shall be construed to prohibit
contracts that contain incentive plans that involve general payments
for consultation services that are not directly tied to payments for
recommending or replacing a specific drug product. 
   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 500 of the Business and
Professions Code is amended to read:
   500.  Whenever the register or book of registration of the Medical
Board of California, the Dental Board of California, or the
California State Board of Pharmacy is destroyed by fire or other
public calamity, the board, whose duty it is to keep the register or
book, may reproduce it so that there may be shown as nearly as
possible the record existing in the original at the time of
destruction. Acceptable forms for the reproduction include the
portable document format (PDF) or other secure electronic format.