Bill Text: CA SB650 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Cancer Medication Advisory Committee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2019-08-30 - August 30 hearing: Held in committee and under submission. [SB650 Detail]

Download: California-2019-SB650-Amended.html

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Amended  IN  Senate  April 24, 2019

Amended  IN  Senate  April 11, 2019

Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 650

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Introduced by Senator Rubio

February 22, 2019

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An act to add Article 11.6 (commencing with Section 4169.7) to Chapter 9 of Division 2 of the Business and Professions Code, and to add Division 117 (commencing with Section 150400) to the Health and Safety Code, relating to public health. and repeal Section 150209 of the Health and Safety Code, relating to pharmaceuticals.

LEGISLATIVE COUNSEL'S DIGEST

SB 650, as amended, Rubio. Unused medications: cancer medication recycling. cancer medications: collection and distribution.

Existing law authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. Existing law requires a surplus medication collection and distribution intermediary, established for the purpose of facilitating the donation of medications to, or transfer of medications between, participating entities under the program, to be licensed by the California State Board of Pharmacy.

This bill would require the board to prepare and submit a report to the Legislature, no later than January 1, 2021, identifying the best mechanism to enable the transfer of unused cancer medications to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. The bill would require the board to analyze the above-described program, determine whether any modifications to the program are necessary to meet the needs of patients who need cancer medications, and include these findings in the report.

Existing law, the Pharmacy Law, governs the scope and practice of pharmacy, including dispensing dangerous drugs and devices. Existing law establishes in the Department of Consumer Affairs the California State Board of Pharmacy to exercise licensing, regulatory, and disciplinary functions with respect to the practice of pharmacy. A violation of the Pharmacy Law is a crime.

Existing law authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the board. Existing law authorizes the board to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Those fees are deposited into the Pharmacy Board Contingent Fund, and moneys in the fund are available for expenditure upon appropriation by the Legislature.

This bill would establish a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with the board, as specified, and would require the board to create a registry for participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize the board to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities acting in good faith from criminal or civil liability for an injury caused when donating, accepting, or dispensing medication in compliance with the requirements of the act. The bill would also exempt a participating practitioner acting in good faith that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. Because a violation of the requirements of the bill contained in the Pharmacy Law 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 150209 is added to the Health and Safety Code, to read:

150209.

 (a) (1) No later than January 1, 2021, the California State Board of Pharmacy shall prepare and submit a report to the Legislature, in compliance with Section 9795 of the Government Code, identifying the best mechanism to enable the transfer of unused cancer medications to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies.

(2) The board shall analyze the voluntary drug repository and distribution program described in this division, shall determine whether any modifications to the program are necessary to meet the needs of patients who need cancer medications, and shall include the board’s findings in the report.

(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.