Bill Text: CA AB977 | 2009-2010 | Regular Session | Amended
Bill Title: Pharmacists: immunization protocols.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-14 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB977 Detail]
Download: California-2009-AB977-Amended.html
BILL NUMBER: AB 977 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN ASSEMBLY JANUARY 25, 2010
AMENDED IN ASSEMBLY JANUARY 13, 2010
AMENDED IN ASSEMBLY JANUARY 6, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Skinner
FEBRUARY 26, 2009
An act to add and repeal Section 4052.8 of the Business and
Professions Code, relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 977, as amended, Skinner. Pharmacists: immunization protocols.
Existing law, the Pharmacy Law, provides for the licensing and
regulation of pharmacists by the California State Board of Pharmacy.
A violation of the Pharmacy Law is a crime. Existing law, among other
things, authorizes a pharmacist to administer immunizations pursuant
to a protocol with a prescriber.
This bill, until January 1, 2015, would additionally authorize a
pharmacist associated with an independent
community pharmacy , as defined,
to initiate and administer influenza immunizations to any
person 18 years of age or older pursuant to standardized protocols
developed and approved by the Medical Board of California in
consultation with public health officers. The bill would, with
respect to the development and approval of those standardized
protocols, authorize the Medical Board of California to consult with
the board. The bill would require a pharmacist, prior to initiating
and administering those immunizations, to complete a specified
pharmacy-based immunization delivery training program. The bill would
also require a pharmacist initiating and administering those
immunizations to complete 3 hours of immunization-related continuing
education coursework annually and to be certified in basic life
support. The bill would require a pharmacist, at the time of
administration of that immunization, to provide the patient with a
Vaccine Information Statement and to provide the patient and the
patient's physician with documentation of administration of the
immunization. The bill would also require a pharmacist administering
that immunization to maintain a specified immunization record,
provide documentation of administration to the appropriate
immunization registry, report any adverse event and ensure proper
storage and handling of vaccines. The bill would authorize a
pharmacist initiating and administering vaccines under these
provisions to initiate and administer epinephrine for severe allergic
reactions.
This bill would require the board and the Medical Board of
California to complete an evaluation of influenza immunizations
initiated and administered under the standardized protocols
authorized by the bill, and would require the board to report to the
appropriate policy committees of the Legislature by January 1, 2014.
Because this bill would create new requirements under the Pharmacy
Law, the violation of which would be a crime, it 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.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Vaccines are a safe, effective, and efficient means to prevent
sickness and death from infectious diseases as reported by the
United States Department of Health and Human Services (HHS).
(b) The federal Centers for Disease Control and Prevention report
that 220,000,000 persons should get the influenza vaccination
annually, however, fewer than 100,000,000 do.
(c) According to the California Health Care Foundation, 6,600,000
Californians are uninsured and may not have access to immunizations.
(d) Pharmacists represent the third largest health professional
group in the United States and are on the front line of preventative
care.
(e) Pharmacists are trained to screen, administer, and properly
deal with any adverse events that may arise from vaccines.
(f) Primary care physicians play an integral role in preventative
health care for Californians. This act will provide an adjunct to
that preventative health care.
(g) Therefore, in order to achieve greater access to immunization
and to protect Californians, it is the intent of the Legislature to
provide greater access to lifesaving vaccinations and to ensure that
pharmacists associated with independent community
pharmacies may administer influenza vaccinations.
SEC. 2. Section 4052.8 is added to the Business and Professions
Code, to read:
4052.8. (a) A pharmacist may initiate and administer influenza
immunizations, pursuant to standardized protocols developed and
approved by the Medical Board of California in consultation with
public health officers, to any person 18 years of age or older. With
respect to the development and approval of those standardized
protocols, the Medical Board of California may consult with the
board. The standardized protocols shall be consistent with protocols
developed by the Advisory Committee on Immunization Practices of the
federal Centers for Disease Control and Prevention. This section
shall apply only to a pharmacist associated with an independent
community pharmacy, as defined in Section 4001.
(b) Prior to initiating and administering immunizations, a
pharmacist shall complete the American Pharmacists Association's
Pharmacy-Based Immunization Delivery Certificate Training Program or
another pharmacy-based immunization training certificate program
endorsed by the federal Centers for Disease Control and Prevention or
the Accreditation Council for Pharmaceutical Education.
(c) (1) A pharmacist initiating and administering any immunization
pursuant to this section shall also complete three hours of
immunization-related continuing education coursework annually.
(2) If a pharmacist fails to satisfy this requirement, he or she
shall, in addition to any other applicable disciplinary action,
retake the training identified in subdivision (b) and also complete
the three hours of immunization-related continuing education
coursework described in paragraph (1) prior to initiating and
administering any further immunizations.
(3) The three hours of immunization-related continuing education
may be applied toward the continuing education requirement described
in Section 4231.
(d) A pharmacist initiating and administering any immunization
pursuant to this section shall at all times be certified in basic
life support.
(e) At the time of administration of an immunization, the
pharmacist shall do all of the following:
(1) Provide the patient or the patient's agent with the
appropriate Vaccine Information Statement, produced by the federal
Centers for Disease Control and Prevention, for each immunization
administered.
(2) Provide documentation of administration of the immunization to
the patient and the patient's physician or primary care provider, if
one can be identified.
(3) Provide documentation of administration of the immunization to
the appropriate immunization registry.
(f) The pharmacist shall maintain an immunization administration
record, which shall include, but not be limited to, the name of the
vaccine, the expiration date, the date of administration, the
manufacturer and lot number, the administration site and route, the
Vaccine Information Statement date, and the name and title of the
person administering, for 10 years from the date of administration.
(g) Any pharmacist initiating and administering vaccines may
initiate and administer epinephrine by injection for severe allergic
reactions.
(h) Any adverse event shall be reported to the Vaccine Adverse
Event Reporting System within the United States Department of Health
and Human Services.
(i) Upon receipt of a vaccine as authorized by this section, a
pharmacist is responsible for ensuring that proper vaccine
temperatures are maintained during subsequent storage and handling to
preserve the potency of the vaccine.
(j) The board and the Medical Board of California shall evaluate
the effectiveness of the initiation and administration of
immunizations pursuant to this section, and the board shall report to
the appropriate policy committees of the Legislature by January 1,
2014.
(k) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 3. 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.
