AB 2037: Pharmacy: automated patient dispensing systems.

Existing law, the Pharmacy Law, the knowing violation of which is a crime, provides for the licensure and regulation of pharmacies, pharmacists, intern pharmacists, and pharmacy technicians by the California State Board of Pharmacy. The Pharmacy Law authorizes a pharmacy to provide pharmacy services to specified licensed health facilities through the use of an automated drug delivery system owned and operated by the pharmacy that need not be located at the same location as the pharmacy. The Pharmacy Law also authorizes specified licensed health clinics, including nonprofit and free clinics, to use an automated drug delivery system, operated under the authorization of a pharmacist, and under which the clinic is responsible for the safety and security of the drugs in the system.

This bill would provide an alternative program to authorize a pharmacy located in the state to provide pharmacy services to the patients of covered entities, as defined, that are eligible for discount drug programs under federal law, as specified, through the use of an automated patient dispensing system, as defined.

This bill would provide that, under the alternative program, the responsibility for the operation, maintenance, and security of the automated patient dispensing system would be the responsibility of the pharmacy. The pharmacy would also be responsible for, among other things, obtaining a license from the board to operate the automated patient dispensing system at the covered entity, paying an application and renewal fee, and developing, and annually reviewing written policies and procedures with respect to various topics, including maintaining the security of the system and the dangerous drugs and devices within the system. The bill would require that the drugs dispensed from the system be labeled in accordance with existing law and that records of each transaction be made. The bill would require the pharmacy to complete an annual self-assessment pursuant to existing law.

Because a knowing violation of these requirements 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.

This bill would declare that it is to take effect immediately as an urgency statute.