Bill Text: CA SB1379 | 2021-2022 | Regular Session | Amended
Bill Title: Pharmacy: remote services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-04-13 - April 18 set for first hearing canceled at the request of author. [SB1379 Detail]
Download: California-2021-SB1379-Amended.html
|
Amended
IN
Senate
April 07, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1379
| Introduced by Senator Ochoa Bogh |
February 18, 2022 |
An act to amend Section 4071.1 of the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1379, as amended, Ochoa Bogh.
Pharmacy: remote services.
The Controlled Substances Act regulates, among other matters, the dispensing by prescription of controlled substances, which are classified into schedules, and the Pharmacy Law regulates, among other matters, the dispensing by prescription of dangerous drugs and dangerous devices, which also include controlled substances. Existing law authorizes a prescriber, a prescriber’s authorized agent, or a pharmacist to electronically enter a prescription or order from outside of a pharmacy or hospital, as specified, except for prescriptions for controlled substances classified in Schedules II, III, IV, or V. Under existing law, a violation of these provisions is a crime.
This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill
would also authorize a pharmacist working for a hospital pharmacy to perform various services remotely, as specified, on behalf of a hospital pharmacy located in California and under the written authorization of a pharmacist-in-charge. The bill would condition this authority on specified actions by the hospital pharmacy for which the pharmacist performs those services, including obtaining the consent of the pharmacist, developing and training the pharmacist on policies and procedures for the performance of those services, and taking specified steps to ensure the security of the information processed and the integrity of the
hospital pharmacy’s system. Because violation of these provisions would be a crime, this 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4071.1 of the Business and Professions Code is amended to read:4071.1.
(a) A prescriber, a prescriber’s authorized agent, or a pharmacist may electronically enter a prescription or an order, as defined in Section 4019, into a pharmacy’s or hospital’s computer from any location outside of the pharmacy or hospital with the permission of the pharmacy or hospital. For purposes of this section, a “prescriber’s authorized agent” is a person licensed or registered under Division 2 (commencing with Section 500).(b) (1) Upon authorization, made in writing, by a pharmacist-in-charge, a pharmacist working for a hospital pharmacy
may, from any location outside of the pharmacy or hospital but within California, perform order entry and other data entry, perform prospective drug utilization review, interpret clinical data, perform insurance processing, perform therapeutic interventions, provide drug information, authorize release of medication for administration, or perform other clinical services authorized in this chapter.
(2) A pharmacist performing the functions as authorized in paragraph (1) may only do so on behalf of a hospital pharmacy located in California that complies with the following conditions:
(A) A
hospital pharmacy shall obtain consent from a the pharmacist.
(B) (i) A hospital pharmacy shall develop and implement policies and procedures that outline the authorized functions to be performed and shall include the methods for protecting the confidentiality and integrity of patient information. The policies and procedures shall expressly prohibit the removal of written, printed, or electronic pharmacy records from the licensed hospital
pharmacy in hardcopy or on an electronic storage device and the printing and storage of protected health information on a device that is outside of the licensed pharmacy. The policies and procedures shall be made available to the board upon request.
(ii) A pharmacist-in-charge shall ensure that a the pharmacist is trained on the provisions for providing authorized services, including training on the hospital pharmacy’s policies and procedures required by clause (i).
(C) A
hospital pharmacy shall ensure that a the pharmacist has secure electronic access to the pharmacy’s patient information and to other electronic systems that an onsite pharmacist has access to when the pharmacy is open and the pharmacist is working inside the hospital pharmacy. A hospital pharmacy’s system shall always use biometrics or similar technology to ensure the identity of the pharmacist working remotely.
(D) A hospital pharmacy shall ensure that each entry record complies with all recordkeeping requirements for pharmacies established in this chapter, including capturing the positive identification of the pharmacist involved in the remote review and verification of a medication order or prescription. A
hospital pharmacy shall maintain records of all medication orders and prescriptions orders in the pharmacy’s information system.
(E) A hospital pharmacy shall, within 30 days of discovery, notify the board of any violation of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(3) Nothing in this This subdivision shall
does not authorize a pharmacist to dispense a drug or perform final product verification by remote processing.
(c) Nothing in this This section shall does not reduce the existing authority of other hospital personnel to enter medication orders or prescription orders into a hospital’s computer.
(d) No dangerous drug or dangerous device shall be dispensed pursuant to a prescription that has been
electronically entered into a pharmacy’s computer without the prior approval of a pharmacist.
