Bill Text: CA SB1106 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Prescribers: dispensing of samples.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-08-09 - Read second time. To third reading. Re-referred to Com. on HEALTH. [SB1106 Detail]

Download: California-2009-SB1106-Introduced.html

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BILL NUMBER: SB 1106	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 17, 2010

   An act to amend Section 4171 of the Business and Professions Code,
relating to pharmacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1106, as introduced, Yee. Prescribers: dispensing of samples.
   Existing law, the Pharmacy Law, the knowing violation of which is
a crime, regulates prescribers, as defined, and the dispensing of
drugs. Existing law prohibits a prescriber from dispensing drugs or
dangerous devices to patients in his or her office unless certain
requirements are met. Existing law also authorizes prescribers to
furnish a limited quantity of samples if (1) the samples are
dispensed in the manufacturer's package, (2) there is no charge to
the patient, and (3) an appropriate record is entered in the patient'
s chart.
   This bill would prohibit a prescriber from dispensing a drug
sample or a starter kit unless the appropriate manufacturer's warning
pamphlet is physically attached to the package or the manufacturer's
warnings are affixed to the package containing the drug sample or
starter kit.
   Because this bill would impose a new requirement under the
Pharmacy Law, the knowing 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.  Section 4171 of the Business and Professions Code is
amended to read:
   4171.  (a) Section 4170 shall not prohibit the furnishing of a
limited quantity of samples by a prescriber, if the prescriber
dispenses the samples to the patient in the package provided by the
manufacturer, no charge is made to the patient therefor, and an
appropriate record is entered in the patient's chart.
   (b) Section 4170 shall not apply to clinics, as defined in
subdivision (a) of Section 1204 or subdivision (b) or (c) of Section
1206 of the Health and Safety Code, to programs licensed pursuant to
Sections 11876, 11877, and 11877.5 of the Health and Safety Code, or
to a prescriber dispensing parenteral chemotherapeutic agents,
biologicals, or delivery systems used in the treatment of cancer.

   (c) No prescriber dispensing drugs pursuant to Section 4170 shall
dispense a drug sample or a starter kit unless the appropriate
manufacturer's warning pamphlet is physically attached to the package
containing the drug sample or starter kit or the manufacturer's
warnings are affixed to the package containing the drug sample or
starter kit. 
  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.