Bill Text: CA AB931 | 2009-2010 | Regular Session | Chaptered
Bill Title: Emergency supplies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 491, Statutes of 2009. [AB931 Detail]
Download: California-2009-AB931-Chaptered.html
BILL NUMBER: AB 931 CHAPTERED
BILL TEXT
CHAPTER 491
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE JULY 16, 2009
PASSED THE ASSEMBLY AUGUST 20, 2009
AMENDED IN SENATE JUNE 17, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Fletcher
FEBRUARY 26, 2009
An act to amend Section 1261.5 of the Health and Safety Code,
relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 931, Fletcher. Emergency supplies.
Existing law provides for the licensing and regulation by the
State Department of Public Health of health facilities, including,
but not limited to, skilled nursing facilities and intermediate care
facilities.
Existing Pharmacy Law provides for the licensing and regulation of
the practice of pharmacy under the jurisdiction of the California
State Board of Pharmacy and establishes requirements for the
dispensing of drugs.
Existing law authorizes a pharmacy to furnish dangerous drugs or
devices to a licensed health facility for storage in a secure
emergency pharmaceutical supplies container that is maintained within
the facility under regulations of the department. Existing law
limits the number of oral dosage form and suppository dosage form
drugs for storage within this container to 24. It also authorizes the
department to limit the number of doses of each drug available to a
skilled nursing facility or intermediate care facility to not more
than 4 doses of any separate drug dosage form in each emergency
supply.
This bill would increase the storage container limit to 48, as
specified. The bill would also increase the authorized dosage amount
available to a skilled nursing facility or intermediate care
facility.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1261.5 of the Health and Safety Code is amended
to read:
1261.5. (a) The number of oral dosage form or suppository form
drugs provided by a pharmacy to a health facility licensed pursuant
to subdivision (c) or (d), or both (c) and (d), of Section 1250 for
storage in a secured emergency supplies container, pursuant to
Section 4119 of the Business and Professions Code, shall be limited
to 48. The State Department of Public Health may limit the number of
doses of each drug available to not more than 16 doses of any
separate drug dosage form in each emergency supply.
(b) Not more than four of the 48 oral form or suppository form
drugs secured for storage in the emergency supplies container shall
be psychotherapeutic drugs, except that the department may grant a
program flexibility request to the facility to increase the number of
psychotherapeutic drugs in the emergency supplies container to not
more than 10 if the facility can demonstrate the necessity for an
increased number of drugs based on the needs of the patient
population at the facility. In addition, the four oral form or
suppository form psychotherapeutic drug limit shall not apply to a
special treatment program service unit distinct part, as defined in
Section 1276.9. The department shall limit the number of doses of
psychotherapeutic drugs available to not more than four doses in each
emergency supply. Nothing in this section shall alter or diminish
informed consent requirements, including, but not limited to, the
requirements of Section 1418.9.
(c) Any limitations established pursuant to subdivisions (a) and
(b) on the number and quantity of oral dosage or suppository form
drugs provided by a pharmacy to a health facility licensed pursuant
to subdivision (c), (d), or both (c) and (d), of Section 1250 for
storage in a secured emergency supplies container shall not apply to
an automated drug delivery system, as defined in Section 1261.6, when
a pharmacist controls access to the drugs.
