Bill Text: CA SB204 | 2013-2014 | Regular Session | Amended

California Senate Bill 204 (Prior Session Legislation)

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

Bill Title: Prescription drugs: labeling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-28 - In Senate. Consideration of Governor's veto pending. [SB204 Detail]

Download: California-2013-SB204-Amended.html

BILL NUMBER: SB 204	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 23, 2013
	AMENDED IN SENATE  APRIL 24, 2013

INTRODUCED BY   Senator Corbett

                        FEBRUARY 8, 2013

   An act to add Section 4076.3 to the Business and Professions Code,
relating to pharmacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 204, as amended, Corbett. Prescription drugs: labeling.
   The Pharmacy Law provides for the licensure and regulation of
pharmacists by the California State Board of Pharmacy. Existing law
prohibits a pharmacist from dispensing any prescription unless it is
in a specified container that is correctly labeled to include, among
other information, the directions for the use of the drug. A
violation of the Pharmacy Law is a crime.
   This bill would, commencing January 1, 2016, require  a
pharmacist to   use  translations of the
directions for use in non-English languages published on the board's
Internet Web site  to be used  , as applicable, when
labeling a prescription container.  The bill would,
notwithstanding these provisions, authorize a pharmacy to provide its
own translations of the directions for use established by regulation
of the board in the non-English languages published on the board's
Internet Web site.  The bill would authorize  a
pharmacist to translate  the directions for  use
  use, as specified, to be translated  into
additional non-English languages if certified translation services
are utilized to complete the additional translations.  The bill
would authorize a pharmacist to provide the English language
directions for use, as specified, if he or she reasonably believes a
translation of the directions for use contains an error due to
software or equipment malfunction. The bill would also provide that a
pharmacist that reasonably uses the translati   ons of the
directions for use in non-English languages published on the board's
Internet Web site has not breached his or her legal duty if the
published translations contain an error and the pharmacist did not
know, or did not have reason to know, of the error.  Because a
violation of this requirement would be a 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.
   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 4076.3 is added to the Business and Professions
Code, to read:
   4076.3.  (a)  A pharmacist shall use translations
  Translations  of the directions for use in
non-English languages published on the board's Internet Web site 
shall be used  , as applicable, when labeling a prescription
container pursuant to Section 4076.
   (b)  A pharmacist may translate the   The
   directions for use  established by regulation of
the board may be translated  into additional non-English
languages if certified translation services are utilized to complete
the additional translations. 
   (c) Notwithstanding subdivision (a), a pharmacy may provide its
own translations of the directions for use established by regulation
of the board in the non-English languages published on the board's
Internet Web site when labeling a prescription container pursuant to
Section 4076.  
   (d) If a pharmacist reasonably believes that a translation of the
directions for use contains an error due to software or equipment
malfunction, he or she may provide the English language directions
for use established by regulation of the board pursuant to Section
4076.  
   (e) A pharmacist that reasonably uses the translations of the
directions for use in non-English languages published on the board's
Internet Web site has not breached his or her legal duty if the
published translations contain an error and the pharmacist did not
know, or did not have reason to know, of the error.  
   (c) 
    (f)  This section shall become operative on January 1,
2016.
  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.