Current Legislation

2017-2018 Legislative Session

AB 40 (Santiago) “CURES Database Interoperability
Summary: Requires the Department of Justice to make CURES information available to physicians, pharmacist, and other health care practitioners through an online web portal or by permitting interfacing software.
CPhA Position: Support
Status: Approved by Governor October 9, 2017

AB 265 (Wood) “Prescription Drugs: Prohibition on Price Discount
Summary: Prohibits prescription drug manufacturers from offering discounts or other
reduction in an individual’s out-of-pocket expenses associated with his or her insurance
coverage, if a lower cost therapeutically equivalent generic drug is available. Specifies a number
of exceptions that allow discounts even if a lower cost therapeutically equivalent generic drug is
available.
CPhA Position: Neutral
Status: Approved by Governor October 9, 2017

AB 315 (Wood, Dahle, Nazarian & J. Stone) Pharmacy Benefits Management
Summary: Requires pharmacy benefit managers (PBMs) to register with the Department of Managed Health Care (DMHC), to exercise good faith and fair dealing, and to disclose, upon a purchaser’s request, information with respect to prescription product benefits, as specified. Requires DMHC to convene a Task Force on PBM Reporting to determine what information related to pharmaceutical costs, if any, it should require to be reported by health care service plans (health plan) or their contracted PBMs. Establishes a pilot project in Riverside and Sonoma Counties to assess the impact of health plan and PBM prohibitions that prohibit the dispensing of certain amounts of prescription drugs by network retail pharmacies.
CPhA Position: Support
Status: Approved by Governor September 29, 2018

AB 401 (Aguiar-Curry) Pharmacy: remote dispensing site pharmacy: telepharmacy
Summary:Allows for remote dispensing pharmacies in medically underserved areas. These remote dispensing pharmacies would be staffed by a pharmacy technician meeting enhanced training requirements and supervised electronically by a pharmacist at a supervising pharmacy. The supervising pharmacist would be required to verify each prescription and provide a face‐to‐face consultation with the patient via audio and visual technology before the prescription could be dispensed by the licensed pharmacy technician at the remote dispensing pharmacy.
CPhA Position: Support
Status: Approved by Governor October 7, 2017

AB 602 (Bonta) Pharmacy: Nonprescription Diabetes Devices
Summary: AB 602 would authorize the Board of Pharmacy to prevent the sale of blood glucose testing products that are counterfeit or purchased from vendors who do not follow critical safety guidelines.
CPhA Position: Oppose Unless Amended to Neutral
Status: Approved by Governor July 31, 2017.

AB 1048 (Arambula) Pharmacy: Partial Fill
Summary: Authorizes a pharmacist to dispense opioids as partial fills if requested by the
prescribing physician or patient, and removes the requirement that pain be assessed at the same
time as vital signs.
CPhA Position: Support
Status: Approved by Governor October 09, 2017.

AB 1065 (Jones-Sawyer) Theft: aggregation: organized retail theft. Summary: Creates the crime of organized retail theft. Expands jurisdiction to prosecute
cases of theft or receipt of stolen merchandise. Requires California Highway Patrol (CHP) to
convene a regional property task force.
CPhA Position: Support
Status: Approved by Governor September 27, 2018

AB 1512 (McCarty) Opioid abuse – Taxation
Status: Would have created the Opioid Addiction and Rehabilitation Act which would have been funded by imposing a tax upon the distribution of opioids by every person including, but not limited to, a manufacturer or wholesaler, that makes the first sale in this state of opioids, where the sale is for the purpose of resale in the regular course of business, a manufacturer to a wholesaler from the manufacturer, as those terms are defined, at the rate of $0.01 per milligram of active opioid ingredient.
CPhA Position: Oppose Unless Amended to Neutral
Status: Dead

AB 1589 (Bocanegra) Pharmacy: pharmacist supervision- technicians.
Summary: As introduced, this bill would have required the Board of Pharmacy to review that tech ratio on a biennial basis and would require the board to provide a report to the Legislature with legislative recommendations if the board decides a change is necessary. Bill was amended to raise the limit on the number of pharmacy technicians a pharmacy with one pharmacist may have to 4 and would raise the limit on the ratio of pharmacy technicians to any additional pharmacists to 4 to 1.
CPhA Position: Neutral as introduced. Voiced opposition after bill amended.
Status: Dead

AB 1751 (Low) Controlled substances: CURES database.
Summary: Requires the Department of Justice to adopt regulations regarding the access and use of the information within CURES for purposes of entering into an agreement with any entity operating an interstate data sharing hub, or any agency operating a prescription drug monitoring program in another state, for purposes of interstate data sharing of prescription drug monitoring program information.
CPhA Position: Support
Status: Approved by Governor September 18, 2018.

AB 1752 (Low) Controlled substances: CURES database.
Summary: Adds Schedule V drugs to the Controlled Substances Utilization Review and Evaluation System (CURES). Changes the required timeframe in which pharmacists are required to report dispensed prescriptions from seven days to the following business day.
CPhA Position: Support if Amended
Status: Senate – Died on Suspense

AB 1753 (Low) Controlled substances: CURES database.
Status: Authorizes the Department of Justice (COJ) to cap the number of security printers approved to manufacture regulated prescription pads to three and allows DOJ to reduce or limit the number of printers to no fewer than three through regulation; requires that all prescription forms be uniquely serialized; and requires that the DOJ link prescription pad serial numbers to corresponding records in CURES.
CPhA Position: Neutral
Status: Approved by Governor September 18, 2018.

AB 1963 (Waldron) Medi-Cal: reimbursement: opioid addiction treatment.
Summary: Would require the Department of Health Care Services to increase the Medi-Cal provider reimbursement rates for buprenorphine/naloxone combination treatment, or similar treatment services, provided by certified providers, for opioid addiction.
CPhA Position: Support
Status: Assembly – Died on Suspense

AB 1998 (Rodriguez) Opioids: prescription limitations
Summary: As introduced, the bill would have limited the prescribing of more than a 3-day supply of a Schedule II controlled substance to a patient, with exceptions of cancer diagnoses or chronic pain. It was later amended to require health care practitioners who prescribe, order, administer, or furnish opioids to establish or adopt a safe opioid prescribing policy.
CPhA Position: Oppose to Neutral
Status: Senate – Died on Suspense

AB 2037 (Bonta) Pharmacy: automated drug delivery systems.
Summary: Authorizes a pharmacy to provide services through an automated patient dispensing system (APDS) to covered entity patients participating in federal drug discount programs and establishes minimum safety and security standards that must be met by pharmacies that utilize this program.
CPhA Position: Oppose to Neutral
Status: Approved by Governor September 21, 2018.

AB 2086 (Gallagher) Controlled substances: CURES Database
Status: Allows prescribers of controlled substances to review a list of patients for whom
they are listed as being the prescriber in the California Department of Justice (DOJ)’s
prescription drug monitoring program (PDMP).
CPhA Position: Neutral
Status: Approved by Governor September 6, 2018

AB 2088 (Santiago) Patient records: addenda.
Summary: Permits a minor patient, in addition to the existing ability of an adult patient, to provide a written addendum to his or her medical records if the patient believes the records to be incomplete or incorrect.
CPhA Position: Neutral
Status: Approved by Governor September 6, 2018

AB 2256 (Santiago) Law enforcement agencies: opioid antagonist.
Summary: Authorizes a pharmacy or wholesaler to furnish naloxone hydrochloride
(naloxone) or another opioid antagonist to law enforcement agencies, under specified conditions.
CPhA Position: Support
Status: Approved by Governor September 5, 2018.

AB 2277 (Mathis) Solid waste facilities: home-generated pharmaceutical waste: incineration.
Summary: Would vest the Department of Resources Recycling and Recovery with the primary responsibility for the disposal of home-generated pharmaceutical waste and would require the Department of Resources Recycling and Recovery, in collaboration with the State Department of Public Health, the Department of Toxic Substances Control, and the California State Board of Pharmacy, to adopt regulations authorizing the incineration of home-generated pharmaceutical waste by solid waste facilities. This bill would define the term “home-generated pharmaceutical waste” for purposes of the Medical Waste Management Act and would specifically exclude, from the definition of medical waste and thus from coverage under the act, home-generated pharmaceutical waste.
CPhA Position: Neutral
Status: Dead

AB 2384 (Arambula) Medication-assisted treatment.
Summary: Requires, until January 1, 2024, a health care service plan (excluding Medi-Cal managed care plans), or a health insurer that provides prescription drug benefits to cover, at a minimum, at least one version of each of the medication assisted treatment, (MAT), relapse prevention, or overdose reversal prescriptions drugs approved by the federal Food and Drug Administration (FDA), for opioids use disorder (OUD) regardless of whether a drug is self-administered or administered by a health care provider, as specified.
CPhA Position: Support
Status: Vetoed

AB 2459 (Friedman) Health care coverage.
Summary: Would enact a credit against the personal income tax to subsidize the purchase by income-eligible individuals of health coverage on the Covered California individual market.”
CPhA Position: Watch
Status: Senate – Died on Suspense

AB 2486 (McCarty) Drug and alcohol programs.
Summary: Would establish the Opioid Prevention and Rehabilitation Program Fund, a new source of funding that will allow us to treat opioid addiction by providing existing programs the adequate funding to meet demand.
CPhA Position: Watch
Status: Dead

AB 2487 (McCarty) Physicians and surgeons: continuing education: opiate-dependent patient treatment and management.
Status: Authorizes a physician and surgeon to complete a one-time continuing education
course on opiate-dependent patient treatment and management as an alternative to the mandatory
education course on pain management and the treatment of terminally ill and dying patients.
CPhA Position: Watch
Status: Approved by Governor September 7, 2018.

AB 2576 (Aguiar-Curry) Emergencies: Healthcare
Summary: Provides flexibility with respect to provision of and reimbursement for clinic and pharmacy services during a declared state of emergency.
CPhA Position: Support
Status: Approved by Governor September 23, 2018.

AB 2741 (Burke) Prescription drugs: opioid medications: minors.
Summary: Limits prescriptions of opioid medications to minors to a maximum of a five-day supply, with exceptions; requires practitioners to assess whether a minor has been prescribed treatment for a substance use disorder and discuss the risks and dangers associated with opioids with the minor and the minor’s parent or guardian; and requires the prescriber to receive verbal consent from a minor’s parent or guardian or authorized adult prior to prescribing a course of treatment with an opioid to a minor.
CPhA Position: Oppose
Status: Dead

AB 2760 (Wood) Prescription drugs: naloxone hydrochloride.
Summary: Requires a prescriber to offer a prescription for naloxone hydrochloride or another drug federally approved for the complete or partial reversal of opioid depression for patients when certain conditions are present and to provide specified education to those patients and provide education about how these drugs may be used to prevent an overdose
CPhA Position: Support
Status: Approved by Governor September 10, 2018

AB 2783 (O’Donnell) Controlled substances: schedules.
Summary: Reschedules hydrocodone combination products (HCP) from a Schedule III drug to a Schedule II drug.
CPhA Position: Watch
Status: Approved by Governor September 20, 2018

AB 2789 (Wood) Health care practitioners: prescriptions: electronic transmission.
Summary: Requires that all health care practitioners authorized to issue prescriptions to be capable of electronically prescribing and requires that all prescriptions for controlled substances be transmitted electronically, with exceptions, by January 1, 2022.
CPhA Position: Support if Amended to Support
Status: Approved by Governor September 17, 2018.

AB 2859 (Caballero) Pharmacy: safe storage products.
Summary: As introduced, this bill would have required a chain community pharmacy or an independent community pharmacy that dispenses Schedule II, III, or IV controlled substances to display safe storage products within 50 feet of the counter from which those controlled substances are furnished and would require the pharmacy to make customers aware of the availability of the safe storage products by displaying a sign on or near the pharmacy counter that complies with specified requirements. The bill would require the board to assess a fine against a pharmacy for violation of these provisions, except that the bill would allow the board to choose not to take administrative action against a pharmacy if the board determines that compliance with the law would create a financial hardship on the pharmacy. The author, late in the process agreed to accept CPhA’s amendments which provided an exemption for independent pharmacies.
CPhA Position: Oppose Unless Amended to Neutral
Status: Approved by Governor August 28, 2018

SB 17 (Hernandez) Prescription Drug Pricing
Summary: Follow up to SB 1010 in 2016, which was withdrawn during the legislative session. Requires public and private purchasers of health care and health care coverage be given advance notice of price increases for the costs of prescription drugs.
CPhA Position: Support
Status: Approved by Governor October 9, 2017

SB 419 (Portantino) Oxycodone: Prescriptions
Summary: As introduced, prohibited a person from prescribing oxycodone, by whatever official, common, usual, chemical, or trade name designated, to a patient under 21 years of age. Author accepted CPhA Amendments removing any impact on pharmacists and removing our opposition.
CPhA Position: Oppose to Neutral
Status: Original version dead. Bill was later gutted and used for another unrelated purpose.

SB 443 (Hernandez) Pharmacy: Emergency Medical Services Drug Delivery
Summary: Authorizes a pharmacy or wholesaler to furnish dangerous drugs or dangerous devices into an emergency medical services automated drug delivery system, as defined. BOP sponsored bill
CPhA Position: Support
Status: Approved by Governor October 10, 2017.

SB 510 (Stone) Pharmacies: Compounding
Summary: Repeals a provision under the Pharmacy Law which requires a pharmacy to compound sterile products from one or more nonsterile ingredients in prescribed environments. BOP sponsored bill.
CPhA Position: Support
Status: Approved by Governor October 10, 2017.

SB 641 (Lara) CURES
Summary: The purpose of this bill is to prohibit the release of data obtained within the Controlled Substances Utilization Review and Evaluation System (CURES) to a law enforcement agency except pursuant to a valid court order or warrant based on probable cause and issued at the request of a law enforcement agency engaged in an open and active investigation. As introduced would have imposed requirements on pharmacists that would have been burdensome. CMA accepted our amendments removing our opposition.
CPhA Position: Opposed Unless Amended to Neutral
Status: Original version dead. Bill was later gutted and used for another unrelated purpose.

SB 716 (Hernandez) California State Board of Pharmacy: pharmacy technician member Summary: The bill would add a pharmacy technician and an additional public member to the Board resulting in the loss of a pharmacist majority.
CPhA Position: Oppose
Status: Dead

SB 993 (Hertzberg) “Sales tax: services.
Summary: This bill would, on and after January 1, 2019, expand the Sales and Use Tax Law to impose a tax on the purchase of services by businesses in California at a specified percentage of the sales price of the service. The bill would exempt certain types of services, including health care services, from the tax
and would exempt from the tax a business with gross receipts of less than $100,000 in the previous 4 quarters.
CPhA Position: Watch
Status: Dead

SB 1021 (Weiner) Prescription drugs Summary: This bill prohibits health plan contracts and health insurance policies from having utilization management policies or procedures which rely on a multitablet drug regimen over a single-table drug regimen for the prevention of HIV infection and AIDS; extends the January 1, 2020 sunset on law that caps cost sharing for a covered outpatient prescription drug at $250/$500 per 30-day supply, as specified, as well as other formulary requirements; and codifies a regulation that prohibits an enrollee or insured from being charged more than the retail price for a prescription.
CPhA Position: Support
Status: Approved by Governor September 26, 2018

SB 1229 (Stone) “Pharmacists: Opioid medications: Consultation
Summary: Would require a pharmacist to provide oral consultation to a patient or the patient’s agent before dispensing any opioid medication in accordance with regulations adopted by the board.
CPhA Position: Oppose
Status: Dead

SB 1240 (Stone) “Prescription drugs: CURES Database
Summary: Requires a prescription to include an International Statistical Classification of Diseases (ICD-10) Code or a legible clear notice of the condition or purpose for which the drug is being prescribed. Would require a pharmacist, prior to processing clinical checks for prescriptions and dispensing, to review the most recent continuity of care document provided by the health care facility or physician/ surgeon treating the patient. Would also require a pharmacy to immediately convey prescription profile information of a patient to a requesting pharmacy caring for that patient, except for the price and cost of a prescription. This bill would add Schedule V drugs to the list of controlled substances required to be reported in the CURES system.
CPhA Position: Watch
Status: Dead

SB 1254 (Stone) “Hospital pharmacies: Medication Profiles
Summary: Would require a pharmacist at a hospital pharmacy to obtain an accurate medication profile for each high-risk patient upon admission and discharge of the patient. The bill would authorize an intern pharmacist or a pharmacy technician to perform that function if the intern pharmacist or pharmacy technician has successfully completed training and proctoring by a pharmacist and where a quality assurance program is used to monitor competency. Ratio limits would not apply. That language was stricken allowing CPhA to remove our opposition.
CPhA Position: Oppose to Neutral
Status: Approved by Governor September 22, 2018.

SB 1264 (Stone) “Medi-Cal: Hypertension Medication Management: Pharmacy
Summary: Would require Medi-Cal to reimburse for hypertension medication management services
provided by a pharmacist, as specified.
CPhA Position: Support
Status: Assembly – Died on Suspense

SB 1285 (Stone) “Health care coverage: advanced practice pharmacist.
Summary: Would require coverage for services provided by an advanced practice pharmacist, as defined, performed within the scope of his or her practice, including, but not limited to, comprehensive medication management (CMM) services, as defined, in a health care service plan contract and health insurance policy, and, to the extent that federal financial participation is available, in a Medi-Cal
managed care plan.
CPhA Position: Support if Amended to Support
Status: Dead

SB 1286 (Pan) Pharmacy technicians.
Summary: Would allow a pharmacy with only one pharmacist to have no more than 4 pharmacy technicians performing those tasks.
CPhA Position: Oppose
Status: Dead

SB 1322 (Stone) Medi-Cal: comprehensive medication management
Summary: Would provide that comprehensive medication management (CMM) services, as defined, are a covered benefit under the Medi-Cal program, and would require those services to include, among other things, the development and implementation of a written medication treatment plan that is
designed to resolve documented medication therapy problems and to prevent future medication therapy problems.
CPhA Position: Support
Status: Dead

SB 1373 (Stone) General acute care hospitals: minimum levels of pharmaceutical staff.
Summary: Would require a general acute care hospital licensed by the department to employ, at a minimum, one full-time pharmacist for every 100 licensed beds, and for additional licensed beds, employ additional pharmacists on a pro rata basis. The bill would require a general acute care hospital that is licensed for less than 100 beds to employ one pharmacist on at least a part-time basis.
CPhA Position: Watch
Status: Dead

SB 1404 (Stone) Pharmacists: exemption from overtime regulations.
Summary: Would provide that a person employed in the practice of pharmacy, who is participating in a postgraduate training program, as specified, who is in a field relating to the practice of pharmacy or pharmacy research, or who is performing certain procedures or functions, is not subject to coverage under any provision of the orders of the Industrial Welfare Commission.
CPhA Position: Oppose
Status: Dead

SB 1426 (Stone) Pharmacists: authority to prescribe and dispense dangerous drugs and devices.
Summary: This bill would express the intent of the Legislature to enact legislation that would require the California State Board of Pharmacy to convene a Public Health and Pharmacy Formulary Advisory Committee to advise the board in promulgating regulations to establish a formulary of drugs and devices that a pharmacist may prescribe and dispense to a patient, and to promulgate regulations establishing a formulary of dangerous drugs and devices that a pharmacy may prescribe and dispense to a patient.
CPhA Position: Watch
Status: Dead

SB 1442 (Newman) Pharmacies: staffing.
Summary: This bill prohibits a community pharmacy from requiring a pharmacist employee to engage in the practice of pharmacy at any time the pharmacy is open to the public, unless another employee is made available to assist the pharmacist at all times. CPhA moved to opposed once our amendments exempting intendent pharmacies.
CPhA Position: Support if Amended to Support
Status: Approved by Governor September 19, 2018.

SB 1447 (Hernandez) Pharmacy: automated drug delivery systems: licensing.
Summary: This bill revises the requirements for the operation and licensing of an
automated drug delivery system (ADDS) after July 1, 2019.
CPhA Position: Watch
Status: Approved by Governor September 21, 2018.