Bill Text: CA SB445 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Underground storage tanks: hazardous substances: petroleum: groundwater and surface water contamination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State. Chapter 547, Statutes of 2014. [SB445 Detail]

Download: California-2013-SB445-Introduced.html
BILL NUMBER: SB 445	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        FEBRUARY 21, 2013

   An act to amend Section 4121 of the Business and Professions Code,
relating to pharmacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 445, as introduced, Price. Pharmacies: advertising: controlled
substances.
   The Pharmacy Law provides for the licensure and regulation of
pharmacists and pharmacies by the California State Board of Pharmacy.
A knowing violation of the law is a crime. Existing law provides
that an advertisement of the retail price for a drug that requires a
prescription shall be limited to quantities of the drug that are
consistent with good medical practice and shall include the strength,
dosage form, and the exact dates during which the advertised price
will be in effect, except as specified.
   This bill would prohibit advertisements by pharmacies that
specifically promote the sale or dispensing of any controlled
substances, as defined.
   Because a knowing violation of this provision 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.
   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 4121 of the Business and Professions Code is
amended to read:
   4121.  (a)  (1)    Notwithstanding Section 651,
an advertisement of the retail price for a drug that requires a
prescription shall be limited to quantities of the drug that are
consistent with good medical practice and shall include the strength,
dosage form, and the exact dates during which the advertised price
will be in effect. 
   (b) 
    (2)  This  section   subdivision
 shall not apply to a pharmacy that is located in a licensed
hospital and that is accessible only to hospital medical staff and
personnel. 
   (b) Under no circumstances may an advertisement specifically
promote the sale or dispensing of any controlled substances. 
  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.
        
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