BILL NUMBER: AB 1574 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 12, 2008
PASSED THE ASSEMBLY AUGUST 18, 2008
AMENDED IN SENATE JULY 2, 2008
AMENDED IN SENATE JUNE 16, 2008
AMENDED IN SENATE JULY 5, 2007
AMENDED IN SENATE JUNE 19, 2007
AMENDED IN ASSEMBLY MAY 15, 2007
AMENDED IN ASSEMBLY MAY 3, 2007
AMENDED IN ASSEMBLY APRIL 23, 2007
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Members Plescia and Jones
(Coauthor: Assembly Member Villines)
FEBRUARY 23, 2007
An act to amend Section 4190 of the Business and Professions Code,
relating to clinics.
LEGISLATIVE COUNSEL'S DIGEST
AB 1574, Plescia. Surgical clinics: licensure.
Existing law, with certain exceptions, provides for the licensure
and regulation of clinics, including specialty clinics, by the State
Department of Public Health. Existing law defines a specialty clinic
to include a surgical clinic that is not part of a hospital and that
provides ambulatory surgical care for patients who remain less than
24 hours. The Pharmacy Law, the knowing violation of which is as
misdemeanor, provides that a surgical clinic may not operate and is
not entitled to the benefits of specified provisions of the Pharmacy
Law without a license issued by the California State Board of
Pharmacy. Existing law authorizes the board to inspect a clinic at
any time.
This bill would, instead, provide that a surgical clinic licensed
by the State Department of Public Health, an accredited outpatient
setting, or an ambulatory surgical center certified to participate in
the Medicare Program, as specified, is not entitled to the
above-described benefits without a license issued by the board. It
would also specify board inspection requirements and would require
self-assessments by any clinic licensed by the board. Because this
bill would impose new requirements under the Pharmacy Law, the
knowing violation of which would be a misdemeanor, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
California Outpatient Pharmacy Patient Safety and Improvement Act.
SEC. 2. Section 4190 of the Business and Professions Code is
amended to read:
4190. (a) For the purposes of this section, "clinic" means a
surgical clinic licensed pursuant to paragraph (1) of subdivision (b)
of Section 1204 of the Health and Safety Code, an outpatient setting
accredited by an accreditation agency, as defined in Section 1248 of
the Health and Safety Code, or an ambulatory surgical center
certified to participate in the Medicare Program under Title XVIII of
the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.).
(b) Notwithstanding any other provision of this chapter, a clinic
may purchase drugs at wholesale for administration or dispensing,
under the direction of a physician and surgeon, to patients
registered for care at the clinic, as provided in subdivision (c).
The clinic shall keep records of the kind and amounts of drugs
purchased, administered, and dispensed, and the records shall be
available and maintained for a minimum of three years for inspection
by all properly authorized personnel.
(c) The drug distribution service of a clinic shall be limited to
the use of drugs for administration to the patients of the clinic,
and to the dispensing of drugs for the control of pain and nausea for
patients of the clinic. Drugs shall not be dispensed in an amount
greater than that required to meet the patient's needs for 72 hours.
Drugs for administration shall be those drugs directly applied,
whether by injection, inhalation, ingestion, or any other means, to
the body of a patient for his or her immediate needs.
(d) No clinic shall be entitled to the benefits of this section
until it has obtained a clinic license from the board. A separate
license shall be required for each clinic location. A clinic shall
notify the board of any change in the clinic's address on a form
furnished by the board.
(e) Any proposed change in ownership or beneficial interest in the
licensee shall be reported to the board, on a form to be furnished
by the board, at least 30 days prior to the execution of any
agreement to purchase, sell, exchange, gift or otherwise transfer any
ownership or beneficial interest or prior to any transfer of
ownership or beneficial interest, whichever occurs earlier.
(f) (1) The board shall inspect an outpatient setting or
ambulatory surgical center within 120 days of the issuance of a
clinic license pursuant to this article, and at least annually
thereafter.
(2) The board may inspect a surgical clinic within 120 days of the
issuance of a clinic license pursuant to this article, and may
inspect the surgical clinic annually thereafter.
(3) Every clinic licensed pursuant to this article shall complete
a self-assessment within 30 days of licensure and at least 30 days
before each license renewal pursuant to this article. The completed
self-assessment form shall be retained at the licensed premises for a
period of three years.
SEC. 3. 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.