Bill Text: CA AB977 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Pharmacists: immunization protocols.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-06-14 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB977 Detail]

Download: California-2009-AB977-Amended.html

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BILL NUMBER: AB 977	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 26, 2009

   An act  to amend Section 4052 of, and to add Section
4052.8 to, the Business and Professions Code,   relating to
pharmacy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 977, as amended, Skinner. Pharmacists: immunization 
administration.   protocols with physicians.  
   Existing law, the Pharmacy Law, provides for the licensing and
regulation of pharmacists by the California State Board of Pharmacy.
 
   This bill would request the California Pharmacists Association to
provide information to specified legislative committees on the status
of immunization protocols between independent pharmacists and
physicians.  
   Existing law, the Pharmacy Law, provides for the licensing and
regulation of pharmacists by the Board of Pharmacy in the Department
of Consumer Affairs. A violation of the Pharmacy Law is a crime.
Existing law, among other things, authorizes a pharmacist to
administer immunizations pursuant to a protocol with a prescriber.
 
   This bill would additionally authorize a pharmacist to initiate
and administer influenza and pneumococcal immunizations to any person
7 years of age or older. The bill would require a pharmacist, prior
to initiating and administering those immunizations, to complete a
specified pharmacy-based immunization delivery training program. The
bill would also require a pharmacist initiating and administering
immunizations to complete 3 hours of immunization-related continuing
education coursework annually and to be certified in basic life
support. The bill would require a pharmacist, at the time of
administration of an immunization, to provide the patient with a
Vaccine Information Statement and to provide the patient's physician
with documentation of administration of the immunization. The bill
would also require a pharmacist administering an immunization to
maintain a specified immunization administration record, provide
documentation of administration to the California Immunization
Registry, report any adverse event and assure proper storage and
handling of vaccines. The bill would authorize a pharmacist
initiating and administering vaccines to initiate and administer
epinephrine for severe allergic reactions. The bill would also
require a pharmacist to obtain the consent of a parent or guardian
before administering any immunization to a patient under 18 years of
age.  
   Because this bill would create new requirements under the Pharmacy
Law, the 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
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The California Pharmacists Association
is hereby requested to provide information to the respective
chairpersons of the Committees on Business and Professions and Health
of the Assembly and of the Committees on Business, Professions and
Economic Development and Health of the Senate on the status of
immunization protocols between independent pharmacists and
physicians.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Vaccines are a safe, effective, and efficient means to prevent
sickness and death from infectious diseases as reported by the
United States Department of Health and Human Services (HHS).
   (b) The National Vital Statistics Report published by HHS reports
that influenza and pneumonia combined are the eighth leading cause of
death in people of all ages, and the sixth leading cause of death in
people over 65 years of age.
   (c) The federal Centers for Disease Control and Prevention report
that 220,000,000 persons should get the influenza vaccination
annually, however, fewer than 100,000,000 do.
   (d) According to the California Health Care Foundation, 6,600,000
Californians are uninsured and may not have access to immunizations.
   (e) Pharmacists represent the third largest health professional
group in the United States and are on the front line of preventative
care.
   (f) Pharmacists are trained to screen, administer, and properly
deal with any adverse events that may arise from vaccines.
   (g) Therefore, in order to achieve greater access to immunization
and to protect Californians, it is the intent of the Legislature to
provide greater access to lifesaving vaccinations and to ensure that
pharmacists may independently administer influenza and pneumonia
vaccinations.  
  SEC. 2.    Section 4052 of the Business and
Professions Code is amended to read:
   4052.  (a) Notwithstanding any other provision of law, a
pharmacist may:
   (1) Furnish a reasonable quantity of compounded drug product to a
prescriber for office use by the prescriber.
   (2) Transmit a valid prescription to another pharmacist.
   (3) Administer, orally or topically, drugs and biologicals
pursuant to a prescriber's order.
   (4) Perform procedures or functions in a licensed health care
facility as authorized by Section 4052.1.
   (5) Perform procedures or functions as part of the care provided
by a health care facility, a licensed home health agency, a licensed
clinic in which there is a physician oversight, a provider who
contracts with a licensed health care service plan with regard to the
care or services provided to the enrollees of that health care
service plan, or a physician, as authorized by Section 4052.2.
   (6) Manufacture, measure, fit to the patient, or sell and repair
dangerous devices or furnish instructions to the patient or the
patient's representative concerning the use of those devices.
   (7) Provide consultation to patients and professional information,
including clinical or pharmacological information, advice, or
consultation to other health care professionals.
   (8) Furnish emergency contraception drug therapy as authorized by
Section 4052.3.
   (9) Administer or initiate and administer immunizations pursuant
to Section 4052.8.
   (b) A pharmacist who is authorized to issue an order to initiate
or adjust a controlled substance therapy pursuant to this section
shall personally register with the federal Drug Enforcement
Administration.
   (c) Nothing in this section shall affect the requirements of
existing law relating to maintaining the confidentiality of medical
records.
   (d) Nothing in this section shall affect the requirements of
existing law relating to the licensing of a health care facility.
 
  SEC. 3.    Section 4052.8 is added to the Business
and Professions Code, to read:
   4052.8.  (a) A pharmacist may do either of the following:
   (1) Administer any immunization pursuant to a protocol with a
prescriber.
   (2) Initiate and administer influenza or pneumococcal
immunizations to any person seven years of age or older.
   (b) Prior to initiating and administering immunizations, a
pharmacist shall complete the American Pharmacists Association's
Pharmacy-Based Immunization Delivery Certificate Training Program or
another pharmacy-based immunization training certificate program
endorsed by the federal Centers for Disease Control and Prevention or
the Accreditation Council for Pharmaceutical Education.
   (c) (1) A pharmacist initiating and administering any immunization
pursuant to this section shall also complete three hours of
immunization-related continuing education coursework annually.
   (2) If a pharmacist fails to satisfy this requirement, he or she
shall, in addition to any other applicable disciplinary action,
retake the training identified in subdivision (b) and also complete
the three hours of immunization-related continuing education
coursework described in paragraph (1) prior to initiating and
administering any further immunizations.
   (3) The three hours of immunization-related continuing education
may be applied toward the continuing education requirement described
in Section 4231.
   (d) A pharmacist initiating and administering any immunization
pursuant to this section shall at all times be certified in basic
life support.
   (e) A pharmacist shall obtain the consent of a parent or guardian
before administering an immunization to a patient under 18 years of
age.
   (f) At the time of administration of an immunization, the
pharmacist shall do all of the following:
   (1) Provide the patient or the patient's agent with the
appropriate Vaccine Information Statement, produced by the Centers
for Disease Control and Prevention, for each immunization
administered.
   (2) Provide documentation of administration of the immunization to
the patient and the patient's physician or primary care provider, if
one can be identified.
   (3) Provide documentation of administration of the immunization to
the California Immunization Registry (CAIR).
   (g) The pharmacist shall maintain an immunization administration
record, which shall include, but not be limited to, the name of the
vaccine, the expiration date, the date of administration, the
manufacturer and lot number, the administration site and route, the
Vaccine Information Statement date, and the name and title of the
person administering, for the longer of the following periods:
   (1) Ten years from the date of administration.
   (2) If the patient is younger than 18 years of age at the time of
administration, three years beyond the patient's 18th birthday.
   (h) Any pharmacist initiating and administering vaccines may
initiate and administer epinephrine by injection for severe allergic
reactions.
   (i) Any adverse event shall be reported to the Vaccine Adverse
Event Reporting System within the U.S. Department of Health and Human
Services.
   (j) Upon receipt of a vaccine as authorized by this section, a
pharmacist is responsible for assuring that proper vaccine
temperatures are maintained during subsequent storage and handling to
preserve the potency of the vaccine.  
  SEC. 4.    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. 
                           ____ CORRECTIONS  Digest--Page 2--Vote key
line.
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