Legislative Update June 30, 2008
Author: Kathy Lynch
Legislative Update
By John Cronin, Pharm.D., J.D., Fredrickson, Mazeika & Grant, LLP.
June 30, 2008
We heard late this afternoon that the motion for a Temporary Restraining Order in our pharmacy lawsuit (Farmacia Remedios, et. al. v. Shewry) will be heard on Thursday, July 3 at 1:30pm in Sacramento. Expect an update on Thursday evening. We also expect to hear late today that a motion for a Preliminary Injunction has been filed in the CMA/CPhA Coalition lawsuit. A hearing on that motion is expected on July 25. Thanks to all the pharmacy owners who prepared declarations in support of that motion.
It is clear that the 10% reimbursement cuts will go into effect tomorrow. Hopefully, they won’t be in place for very long.
If you have any questions or comments, please contact Theresa Andrews at tandrews@cpha.com or (916) 337-8877.
Thank you very much for your continued support!
John Cronin
Monday, June 30, 2008 Senate Floor
AB 501 (Swanson) Pharmaceutical Devices
AB 501 requires a pharmaceutical manufacturer whose product is administered for home use through a prefilled syringe, prefilled pen, or other prefilled injection device to arrange to provide, upon a request from a consumer, a postage prepaid, mail-back sharps container that has been approved by the United States Postal Service and the Department of Public Health or a sharps container for the safe storage and transport of sharps to a sharps consolidation location that accepts home-generated sharps waste. AB 501 was amended to take effect on September 1, 2008.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_501&sess=CUR&house=B&author=swanson
AB 2058 (Levine) Recycling: Plastic Carryout Bags: Paper Bags
AB 2058 prohibits a store from providing plastic carryout bags to customers unless the store demonstrates an increased recycling diversion rate in the number of plastic carryout bags provided by the store. AB 2058 authorizes a store to sell a plastic carryout bag to a customer at a cost specified as a specified rate. AB 2058 would require a store that is not complying with the diversion rate requirements to provide a plastic carryout bag to a customer for not less than $0.25 per bag. AB 2058 requires paper bag fee for recycling programs and requires a store that charges the bag fee to pay a specified fee.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2058&sess=CUR&house=B&author=levine
AJR 31 (Jones) Medicare Part D
AJR 31 urges Congress and the President to amend the Medicare Modernization Act of 2003 to require that the federal government negotiate for the lowest available prices for prescription drugs under the Medicare Part D program, eliminate a specified gap in Medicare Part D coverage, and reduce the lifetime penalty for late enrollment in the program that ensures dual eligibles have continuous comprehensive access to prescription drugs.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ajr_31&sess=CUR&house=B&author=jones
AB 2756 (Duvall) Pharmacists: Furnishing Drugs During Emergency
AB 2756 defines a federal, state, or local emergency for purposes of these provisions, as specified. AB 2756 would also specify that, for purposes of furnishing dangerous drugs or devices during a federal, state, or local emergency, a pharmacist is not required to await a declaration of emergency so long as the declaration is reasonably anticipated due to the severity of the conditions believed to constitute an emergency
CPhA Position: Support
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2756&sess=CUR&house=B&author=duvall
AB 259 (Adams) Crimes: Sale or Distribution of Salvia Divinorum
AB 259 makes make the sale or distribution of Salvia divinorum or Salvinorin A, or any substance or material containing Salvia divinorum or Salvinorin A, to any person under 18 years of age a misdemeanor, punishable by imprisonment, a fine, or both.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_259&sess=CUR&house=B&author=adams
AB 2091 (Fuentes) Workers’ Compensation: Study: Pharmacy Service Access
AB 2091 amends existing law that requires the Administrative Director of the Division of Workers' Compensation to contract with an independent consulting firm to perform an annual study of access to medical treatment by injured workers. AB 2091 requires that the study additionally analyze and make recommendations regarding continued access to prescription drugs and pharmacy services by injured workers.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2091&sess=CUR&house=B&author=fuentes
Monday, June 30, 2008 Senate Appropriations Committee
AB 30 (Evans) Health Care Coverage: Inborn Errors of Metabolism
AB 30 extends an existing coverage requirement established by the Knox-Keene Health Care Service Plan Act of 1975 for the testing and treatment of phenylketonuria by health care service plans and insurers to include testing and treatment of specified inborn errors of metabolism.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_30&sess=CUR&house=B&author=evans
AB 851 (Brownley) Medi-Cal: Eligibility
AB 851 authorizes individuals who are otherwise eligible under the Medi-Cal program, which provides basic health care services for employed individuals with disabilities, who meet specified income and resource requirements but are temporarily unemployed to elect to remain on the program for a specified period. AB 851 provides additional resource exemptions in determining eligibility under the program and requires a monthly premium.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_851&sess=CUR&house=B&author=brownley
Wednesday, July 2, 2008 Assembly Appropriations Committee
SB 31 (Simitian) Identification Documents
SB 31 relates to the Information Practices Act of 1977. SB 31 provides that a person or entity that intentionally remotely reads or attempts to remotely read a person's identification document using radio waves without his or her knowledge and prior consent shall be punished by imprisonment in a county jail, a fine, or both. SB 31 provides that a person who discloses or causes to be disclosed, specified operational system keys shall be punishment by imprisonment, a fine, or both.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_31&sess=CUR&house=B&author=simitian
SB 1213 (Ducheny) Mobile Health Care Units: Site Reporting Requirements
SB 1213 amends existing law which provides that prior to the operation of a mobile unit at any site for the first time, the licensee shall report the site to local authorities for purposes of obtaining approvals. SB 1213 eliminates such reporting requirements. SB 1213 requires that the licensee of a mobile unit operating at a new site report the location of the site at least 24 hours prior to the operation at the site unless this requirement is waived.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1213&sess=CUR&house=B&author=ducheny
SB 1597 (Cox) Medical Devices
SB 1597 amends existing law that requires a licensed pharmacist or an exemptee, need not be present on the premises of a home medical device retail or warehouse facility if the prescription devices are in a secure locked area under the control of the exemptee and are unavailable for dispensing. SB 1597 requires the secure locked area to be within an area that is inaccessible to the general public and requires that prescription devices stored in a warehouse be kept in a secure manner and be inaccessible to the general public.
CPhA Position: Neutral/Watch
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1597&sess=CUR&house=B&author=cox
Update on Bills Heard Last Week
AB 2679 (Ruskin) Solid Waste Enforcement: Local Agencies
CPhA Position: Neutral/Watch
AB 2679 was amended on the Senate Floor and sent back to the Senate Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2679&sess=CUR&house=B&author=nunez
AB 2756 (Duvall) Pharmacists: Furnishing Drugs During Emergency
CPhA Position: Support
AB 2756 was amended to include Natural Disasters and passed the Senate Second Reading. AB 2756 now heads to the Senate Third Reading File.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2756&sess=CUR&house=B&author=duvall
AJR 31 (Jones) Medicare Part D
CPhA Position: Neutral/Watch
AJR 31 was not heard last week.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ajr_31&sess=CUR&house=B&author=jones
AB 30 (Evans) Health Care Coverage: Inborn Errors of Metabolism
CPhA Position: Neutral/Watch
Hearing was postponed by Senate Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_30&sess=CUR&house=B&author=evans
AB 2058 (Levine) Recycling: Plastic Carryout Bags: Paper Bags
CPhA Position: Neutral/Watch
AB 2058 passed both the Senate Environmental & Quality and Appropriations Committees. AB 2058 now heads to the Senate Floor.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2058&sess=CUR&house=B&author=levine
AB 2425 (Coto) Public Health: Water Quality: Pharmaceuticals
CPhA Position: Neutral/Watch
AB 2425 passed both the Senate Environmental & Quality and Health Committees. AB 2425 now heads to the Senate Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2425&sess=CUR&house=B&author=coto
SB 1270 (Cedillo) Pharmacy: Electronic Pedigree Task Force
CPhA Position: Neutral/Watch
SB 1270 passed the Assembly Business & Professions committee and was referred to the Assembly Appropriations Committee with Consent to Calendar.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1270&sess=CUR&house=B&author=cedillo
SB 1307 (Ridley-Thomas) Pharmacy: Pedigree
CPhA Position: Support if Amended
SB 1307 passed the Assembly Business & Professions committee and was referred to the Assembly Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1307&sess=CUR&house=B&author=ridley-thomas
AB 1587 (De la Torre) Personal Information: Pharmacy
CPhA Position: Neutral/Watch
AB 1587 was not heard last week.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_1587&sess=CUR&house=B&author=de_la_torre
AB 2021 (Fuentes) Personal Information
CPhA Position: Neutral/Watch
AB 2021 did not pass the Senate Judiciary Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2021&sess=CUR&house=B&author=fuentes
SB 1198 (Kuehl) Health Care Coverage: Durable Medical Equipment
CPhA Position: Neutral/Watch
SB 1198 passed Assembly Health and was referred to the Assembly Appropriations Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1198&sess=CUR&house=B&author=kuehl
SB 1712 (Migden) Adulterated Cosmetics
CPhA Position: Neutral/Watch
SB 1712 did not pass the Assembly Health Committee.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=sb_1712&sess=CUR&house=B&author=migden
AB 1436 (Hernandez) Nurse Practitioners
CPhA Position: Neutral/Watch
AB 1436 was not heard last week.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_1436&sess=CUR&house=B&author=hernandez
AB 2091 (Fuentes) Workers’ Compensation: Study: Pharmacy Services Access
CPhA Position: Neutral/Watch
AB 2091 passed the Senate Labor & Industrial Relations Committee and now heads to the Senate Floor.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_2091&sess=CUR&house=B&author=fuentes
AB 501 (Swanson) Pharmaceutical Devices
CPhA Position: Neutral/Watch
AB 501 passed the Senate Health Committee and now heads to the Senate Floor.
To read the full text of this bill click or cut and paste:
http://www.legislature.ca.gov/cgi-bin/port-postquery?bill_number=ab_501&sess=CUR&house=B&author=swanson