Bill Text: CA AB1069 | 2015-2016 | Regular Session | Chaptered
Bill Title: Prescription drugs: collection and distribution program.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2016-09-13 - Chaptered by Secretary of State - Chapter 316, Statutes of 2016. [AB1069 Detail]
Download: California-2015-AB1069-Chaptered.html
BILL NUMBER: AB 1069 CHAPTERED
BILL TEXT
CHAPTER 316
FILED WITH SECRETARY OF STATE SEPTEMBER 13, 2016
APPROVED BY GOVERNOR SEPTEMBER 13, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JULY 1, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gordon
(Coauthors: Assembly Members Chu, Low, and Mark Stone)
(Coauthors: Senators Beall and Wieckowski)
FEBRUARY 26, 2015
An act to amend Section 150204 of the Health and Safety Code,
relating to pharmaceuticals.
LEGISLATIVE COUNSEL'S DIGEST
AB 1069, Gordon. Prescription drugs: collection and distribution
program.
Existing law authorizes a county to establish a repository and
distribution program under which a pharmacy, including a pharmacy
that is owned by, or contracts with, the county, may distribute
surplus unused medications, as defined, to persons in need of
financial assistance to ensure access to necessary pharmaceutical
therapies. Under existing law, only medication that is donated in
unopened, tamper-evident packaging or modified unit dose containers
that meet the United States Pharmacopoeia standards, and that
includes lot numbers and expiration dates, is eligible for donation
to the program. Existing law prohibits medication that does not meet
the requirements for donation and distribution from being sold,
dispensed, or otherwise transferred to any other entity. Existing law
requires medication donated to the repository and distribution
program to be maintained in the donated packaging units.
This bill would authorize a pharmacy that exists solely to operate
the repository and distribution program to repackage a reasonable
quantity of donated medicine in anticipation of dispensing the
medicine to its patient population. The bill would require a pharmacy
that repackages medication to have repackaging policies and
procedures in place for identifying and recalling medications, and to
label the repackaged medicine with the earliest expiration date.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 150204 of the Health and Safety Code is amended
to read:
150204. (a) (1) A county may establish, by an action of the
county board of supervisors or by an action of the public health
officer of the county, as directed by the county board of
supervisors, a repository and distribution program for purposes of
this division. The county shall advise the California State Board of
Pharmacy within 30 days from the date it establishes a repository and
distribution program.
(2) Only an eligible entity, pursuant to Section 150201, may
participate in this program to dispense medication donated to the
drug repository and distribution program.
(3) An eligible entity that seeks to participate in the program
shall inform the county health department and the California State
Board of Pharmacy in writing of its intent to participate in the
program. An eligible entity may not participate in the program until
it has received written or electronic documentation from the county
health department confirming that the department has received its
notice of intent.
(4) (A) A participating entity shall disclose to the county health
department on a quarterly basis the name and location of the source
of all donated medication it receives.
(B) A participating primary care clinic, as described in Section
150201, shall disclose to the county health department the name of
the licensed physician who shall be accountable to the California
State Board of Pharmacy for the clinic's program operations pursuant
to this division. This physician shall be the professional director,
as defined in subdivision (c) of Section 4182 of the Business and
Professions Code.
(C) The county board of supervisors or public health officer of
the county shall, upon request, make available to the California
State Board of Pharmacy the information in this division.
(5) The county board of supervisors, the public health officer of
the county, and the California State Board of Pharmacy may prohibit
an eligible or participating entity from participating in the program
if the entity does not comply with the provisions of the program,
pursuant to this division. If the county board of supervisors, the
public health officer of the county, or the California State Board of
Pharmacy prohibits an eligible or participating entity from
participating in the program, it shall provide written notice to the
prohibited entity within 15 days of making this determination. The
county board of supervisors, the public health officer of the county,
and the California State Board of Pharmacy shall ensure that this
notice also is provided to one another.
(b) A county that elects to establish a repository and
distribution program pursuant to this division shall establish
written procedures for, at a minimum, all of the following:
(1) Establishing eligibility for medically indigent patients who
may participate in the program.
(2) Ensuring that patients eligible for the program shall not be
charged for any medications provided under the program.
(3) Developing a formulary of medications appropriate for the
repository and distribution program.
(4) Ensuring proper safety and management of any medications
collected by and maintained under the authority of a participating
entity.
(5) Ensuring the privacy of individuals for whom the medication
was originally prescribed.
(c) Any medication donated to the repository and distribution
program shall comply with the requirements specified in this
division. Medication donated to the repository and distribution
program shall meet all of the following criteria:
(1) The medication shall not be a controlled substance.
(2) The medication shall not have been adulterated, misbranded, or
stored under conditions contrary to standards set by the United
States Pharmacopoeia (USP) or the product manufacturer.
(3) The medication shall not have been in the possession of a
patient or any individual member of the public, and in the case of
medications donated by a health or care facility, as described in
Section 150202, shall have been under the control of a staff member
of the health or care facility who is licensed in California as a
health care professional or has completed, at a minimum, the training
requirements specified in Section 1569.69.
(d) (1) Only medication that is donated in unopened,
tamper-evident packaging or modified unit dose containers that meet
USP standards is eligible for donation to the repository and
distribution program, provided lot numbers and expiration dates are
affixed. Medication donated in opened containers shall not be
dispensed by the repository and distribution program, and once
identified, shall be quarantined immediately and handled and disposed
of in accordance with the Medical Waste Management Act (Part 14
(commencing with Section 117600) of Division 104).
(2) (A) A medication that is the subject of a United States Food
and Drug Administration managed risk evaluation and mitigation
strategy pursuant to Section 355-1 of Title 21 of the United States
Code shall not be donated if this inventory transfer is prohibited by
that strategy, or if the inventory transfer requires prior
authorization from the manufacturer of the medication.
(B) A medication that is the subject of a United States Food and
Drug Administration managed risk evaluation and mitigation strategy
pursuant to Section 355-1 of Title 21 of the United States Code, the
donation of which is not prohibited pursuant to subparagraph (A),
shall be managed and dispensed according to the requirements of that
strategy.
(e) A pharmacist or physician at a participating entity shall use
his or her professional judgment in determining whether donated
medication meets the standards of this division before accepting or
dispensing any medication under the repository and distribution
program.
(f) A pharmacist or physician shall adhere to standard pharmacy
practices, as required by state and federal law, when dispensing all
medications.
(g) Medication that is donated to the repository and distribution
program shall be handled in the following ways:
(1) Dispensed to an eligible patient.
(2) Destroyed.
(3) Returned to a reverse distributor or licensed waste hauler.
(4) (A) Transferred to another participating entity within the
county to be dispensed to eligible patients pursuant to this
division. Notwithstanding this paragraph, a participating
county-owned pharmacy may transfer eligible donated medication to a
participating county-owned pharmacy within another adjacent county
that has adopted a program pursuant to this division, if the
pharmacies transferring the medication have a written agreement
between the entities that outlines protocols and procedures for safe
and appropriate drug transfer that are consistent with this division.
(B) Medication donated under this division shall not be
transferred by any participating entity more than once, and after it
has been transferred, shall be dispensed to an eligible patient,
destroyed, or returned to a reverse distributor or licensed waste
hauler.
(C) Medication transferred pursuant to this paragraph shall be
transferred with documentation that identifies the drug name,
strength, and quantity of the medication, and the donation facility
from where the medication originated shall be identified on
medication packaging or in accompanying documentation. The document
shall include a statement that the medication may not be transferred
to another participating entity and must be handled pursuant to
subparagraph (B). A copy of this document shall be kept by the
participating entity transferring the medication and the
participating entity receiving the medication.
(h) Medication that is donated to the repository and distribution
program that does not meet the requirements of this division shall
not be distributed or transferred under this program and shall be
either destroyed or returned to a reverse distributor. Donated
medication that does not meet the requirements of this division shall
not be sold, dispensed, or otherwise transferred to any other
entity.
(i) (1) Except as provided in paragraph (2), medication donated to
the repository and distribution program shall be maintained in the
donated packaging units until dispensed to an eligible patient under
this program, who presents a valid prescription. When dispensed to an
eligible patient under this program, the medication shall be in a
new and properly labeled container, specific to the eligible patient
and ensuring the privacy of the individuals for whom the medication
was initially dispensed. Expired medication shall not be dispensed.
(2) A pharmacy that exists solely to operate the repository and
distribution program may repackage a reasonable quantity of donated
medicine in anticipation of dispensing the medicine to its patient
population. The pharmacy shall have repackaging policies and
procedures in place for identifying and recalling medications.
Medication that is repackaged shall be labeled with the earliest
expiration date.
(j) Medication donated to the repository and distribution program
shall be segregated from the participating entity's other drug stock
by physical means, for purposes including, but not limited to,
inventory, accounting, and inspection.
(k) A participating entity shall keep complete records of the
acquisition and disposition of medication donated to, and
transferred, dispensed, and destroyed under, the repository and
distribution program. These records shall be kept separate from the
participating entity's other acquisition and disposition records and
shall conform to the Pharmacy Law (Chapter 9 (commencing with Section
4000) of Division 2 of the Business and Professions Code), including
being readily retrievable.
( l ) Local and county protocols established pursuant
to this division shall conform to the Pharmacy Law regarding
packaging, transporting, storing, and dispensing all medications.
(m) County protocols established for packaging, transporting,
storing, and dispensing medications that require refrigeration,
including, but not limited to, any biological product as defined in
Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262), an
intravenously injected drug, or an infused drug, shall include
specific procedures to ensure that these medications are packaged,
transported, stored, and dispensed at appropriate temperatures and in
accordance with USP standards and the Pharmacy Law.
(n) Notwithstanding any other provision of law, a participating
entity shall follow the same procedural drug pedigree requirements
for donated drugs as it would follow for drugs purchased from a
wholesaler or directly from a drug manufacturer.
