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Legislative Update April 7, 2008
Author: Kathy Lynch
April 7, 2008
The Assembly Health Committee met on Tuesday, April 1, 2008. Assembly Member Dr. Edward Hernandez, author of AB 2535 (a CPhA sponsored bill that seeks to address the inadequacies of pharmacy reimbursement) did a great job in presenting the bill. I testified along with our contract lobbyist, Jim Gross, on behalf of CPhA and its member pharmacists regarding the importance of fair pharmacy reimbursement and the various and continuous cuts to pharmacy reimbursement stemming from laws passed at the federal level. The current impending 10% state cut to pharmacy reimbursement along with the potentially devastating results if such cut is implemented was also highlighted in our testimony. Our pharmacy partners, CRA, NACDS, Walgreen's and Rite Aid, all testified in support of CPhA's bill. The Department of Health Care Services (DHCS) concisely addressed the recently released Survey of Dispensing and Acquisition Costs of Pharmaceuticals conducted by Myers and Stauffer at the request of DHCS. We fully recognize all of the issues facing pharmacy and will keep you posted as we continue to work to address them in the legislative session.
Below please find an update on the bills on the CPhA Bill List which were heard last week and those which will be heard this week.
CPhA Legislative Day is NEXT WEEK! We hope to see you in Sacramento on Wednesday, April 16th! Please go to www.cpha.com/legday to register! If you're attending Legislative Day please remember to wear your WHITE COATS!
If you have any questions or comments, please contact me at klynch@cpha.com or (916) 779-1400.
Thank you very much for your continued support!
Kathy
Monday, April 7, 2008 Senate Business, Professions & Economic Committee
SB 1270 (Cedillo) Pharmacy: Dangerous Drug and Device Pedigrees
SB 1270 relates to the pharmacy law, which requires a pedigree to accompany each distribution of a dangerous drug, and prohibits a wholesaler or pharmacy from selling or acquiring a dangerous drug without a pedigree. SB 1270 deletes the pedigree provisions and requires the certification or pedigree of distributors or persons who distribute dangerous drugs that are manufactured on or after a specified date. SB 1270 prohibits a wholesaler from selling, trading, transferring, or acquiring a dangerous drug without complying.
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_1270&sess=CUR&house=B&author=cedillo
SB 1307 (Ridley-Thomas) Pharmacy: Pedigree
SB 1307 amends existing law which prohibits a wholesaler or pharmacy from selling or transferring a dangerous drug without a pedigree and prohibits a wholesaler or pharmacy from acquiring a dangerous drug without receiving a pedigree. SB 1307 requires a pedigree to include a unique identification number and authorizes a manufacturer, wholesaler, or pharmacy in possession of dangerous drugs prior to the date of the pedigree requirements to designate them as not subject to the requirements by preparing a written declaration.
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_1307&sess=CUR&house=B&author=ridley-thomas
Tuesday, April 8, 2008 Assembly Health Committee
AB 2847 (Krekorian) Health Care: Coverage
AB 2847 amends Knox-Keene Health Care Service Plan Act and requires a plan or insurer to disprove medical necessity during any grievance or medical review process. AB 2847 allows a treating provider to directly appeal denial of enrollee or insured health care services to Department of Managed Health Care or Department of Insurance.
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_2847&sess=CUR&house=B&author=krekorian
Wednesday, April 9, 2008 Assembly Appropriations Committee
AB 2079 (Emmerson) Food
AB 2079 deems food to be misbranded if its labeling does not conform with requirements for allergen labeling set forth in the federal Food, Drug and Cosmetic Act. Repeals provision of the Sherman Food, Drug, and Cosmetic Law which relate to the regulation of the packaging, manufacture, or distribution of olive oil.
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_2079&sess=CUR&house=B&author=emmerson
Wednesday, April 9, 2008 Senate Health Committee
SB 1096 (Calderon) Medical Information
SB 1096 allows a pharmacy to mail specified written communications to a patient, without the patient's authorization. SB 1096 provides that the written communication pertain only to the prescribed course of medical treatment may not mention any other pharmaceutical products, that a copy of each version shall be submitted to the federal Food and Drug Administration, and shall include disclosures regarding whether the pharmacy receives remuneration for making that written communication.
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_1096&sess=CUR&house=B&author=calderon
SB 1702 (Machado) Medi-Cal
SB 1702 requires a review and a field audit of a Medi-Cal provider to detect fraudulent activity and protecting program resources when the number of out-of-county Medi-Cal recipients served by a provider exceeds a threshold percentage.
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_1702&sess=CUR&house=B&author=machado
SB 1712 (Migden) Adulterated Cosmetics
SB 1712 includes lipstick that bears or contains lead or lead compounds as an adultered cosmetic for purposes of the Sherman Food, Drug, and Cosmetics. SB 1712 requires any person who manufactures, packages, or sells lipstick in the state to report this fact to the State Department of Public Health and provide evidence that the lipstick was tested and found not to contain lead.
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_1712&sess=CUR&house=B&author=migden
Update on Bills Heard Last Week
AB 2079 (Emmerson) Food
CPhA Position: Neutral/Watch
AB 2079 passed the Assembly Health 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=ab_2079&sess=CUR&house=B&author=emmerson
AB 2535 (Hernandez) Medi-Cal: Prescription Drugs
CPhA Position: Support
AB 2535 was amended and passed the Assembly Health Committee. It 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=ab_2535&sess=CUR&house=B&author=hernandez
AB 2787 (Arambula) Clinics: Licensing: Hours of Operation
CPhA Position: Neutral/Watch
AB 2787 passed the Assembly Health 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=ab_2787&sess=CUR&house=B&author=arambula
AB 2821 (Feuer) Drug Marketing: Gifts
CPhA Position: Neutral/Watch
AB 2821 did not pass out of the Assembly Health Committee but was granted reconsideration.
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_2821&sess=CUR&house=B&author=feuer
AB 2580 (Arambula) Health: Immunizations
CPhA Position: Support
AB 2580 passed the Assembly Health Committee and was referred to the Assembly Appropriations committee with the recommendation to consent 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=ab_2580&sess=CUR&house=B&author=arambula
SB 1213 (Ducheny) Mobile Health Care Units: Site Reporting Requirements
CPhA Position: Neutral/Watch
SB 1213 was amended and passed the Senate Health Committee. AB 1213 was referred 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=sb_1213&sess=CUR&house=B&author=ducheny
SB 1594 (Steinberg) Blood Clotting Products and Disorders
CPhA Position: Neutral/Watch
SB 1594 was amended and passed the Senate Health Committee. AB 1213 was referred 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=sb_1594&sess=CUR&house=B&author=steinberg
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