Legislative Update November 5, 2007
Author: Kathy Lynch
Legislative Update
By Kathy Lynch, Vice President of Government Affairs
November 5, 2007
As Lynn mentioned in her CEO Message on Friday, last week we attended the Assembly Health Committee Informational Hearing on the Governor’s healthcare reform proposal. Although the Hearing provided an opportunity for many groups to further assert their views on the proposal, at this time, there is still no agreement between the parties on moving ahead with the proposal. We will keep you posted as discussions continue on this vital issue for all residents of California.
It has come to my attention that there are various counties in the state that have been contacting pharmacists regarding Senator Simitian’s bill SB 966. I wanted to take this opportunity to clarify what the bill, as signed by the Governor, says and what it does not say. In addition, please note that we received both positive and negative comments on this bill from CPhA members during the regular Legislative Session. We worked extensively with the Senator’s office and the sponsors of the bill to address all of the issues presented to us. We applaud Senator Simitian for putting the drug disposal issue at the forefront with SB 966.
SB 966 (Simitian) Pharmaceutical Drug Disposal
Bill as introduced: In its original form required that “On and after July 1, 2008, every retailer shall have in place a system for the acceptance and collection of pharmaceutical drugs for proper disposal.” Retailer was defined in the bill as “a person or entity who makes a retail sale of a pharmaceutical drug to a consumer in this state.” The original bill further required that the “system for the acceptance and collection of pharmaceutical drugs for proper disposal shall, at a minimum, include…the take-back, at no cost to the consumer, of a pharmaceutical drug, the type or brand of which the retailer sold or previously sold.”
Bill as signed by the Governor: In its final form requires the California Integrated Waste Management Board within the California Environmental Protection Agency to develop, in consultation with appropriate state, local, and federal agencies, model programs for the collection and proper disposal of pharmaceutical drug waste. The model programs would be required to include, at a minimum, specific actions and informational elements and would be required to be available to eligible participants no sooner than July 1, 2008, but no later than December 1, 2008. The bill would provide that its provisions shall not apply to a controlled substance, as defined. Participant is defined in the bill as “any entity which the board deems appropriate for implementing and evaluating a model program and which chooses to participate, including, but not limited to, governmental entities, pharmacies, veterinarians, clinics, and other medical settings.”
I suspect that when the model programs are developed there will be pharmacies that want to participate in such programs. There will however, also be pharmacies and CPhA members that for whatever reason (financial or otherwise) may choose not to participate in such programs.
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