AB 2576: Emergencies: health care.

(1)Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, and local officials and local governments to proclaim a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency. Existing law authorizes the Governor, during a state of emergency, to direct all state agencies to utilize and employ state personnel, equipment, and facilities to perform activities that are designed to prevent or alleviate actual and threatened damage due to that emergency. Existing law authorizes a state agency so directed to expend any of the moneys that have been appropriated to it in order to perform that activity.

This bill would authorize the Governor, during a state of emergency, to direct all state agencies to utilize, employ, and direct state personnel, equipment, and facilities for the performance of any and all activities that are designed to allow community clinics and health centers to provide and receive reimbursement for services provided during or immediately following the emergency. The bill would authorize any agency directed by the Governor to perform those activities to expend any of the moneys that have been appropriated to it in order to perform those activities, irrespective of the particular purpose for which the moneys were originally appropriated.

(2)Existing law, the Pharmacy Law provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. Existing law authorizes a pharmacy to furnish dangerous drugs only to specified persons or entities, and subjects certain pharmacies and persons who violate the provision to specified fines. Existing law authorizes a pharmacist to, in good faith, furnish a dangerous drug or device in reasonable quantities without a prescription during a federal, state, or local emergency, in order to further the health and safety of the public by complying with certain record-keeping requirements, and authorizes the board to waive any application of the Pharmacy Law during an emergency if the board determines that the waiver will aid in the protection of the public health or the provision of patient care. Existing law requires the board, during a declared federal, state, or local emergency, to allow for the employment of a mobile pharmacy in impacted areas under specified conditions, and authorizes the board to allow the temporary use of a mobile pharmacy when a pharmacy is destroyed or damaged under specified conditions.

The Pharmacy Law authorizes certain clinics to purchase drugs at wholesale for administration or dispensing, under the direction of a physician or surgeon, to patients registered for care at the clinic, provided those clinics obtain a license from the board and comply with various requirements.

This bill would expand the emergency provision described above to authorize a clinic licensed by the board to purchase drugs at wholesale for administration or dispensing to patients to furnish dangerous drugs or devices in reasonable quantities without a prescription during a federal, state, or local emergency, subject to the standards that apply to pharmacists as described above. The bill would also require the board, during an emergency, to allow for the employment of a mobile pharmacy clinic in impacted areas under specified conditions that are similar to the conditions that apply to a mobile pharmacy. The bill would authorize the board to continue to waive application of any provision of the Pharmacy Law for up to 90 days following the termination of the emergency if, in the boards opinion, the continued waiver will aid in the protection of public health or the provision of patient care. The bill would also make conforming changes.