Unused medications: cancer medication recycling.

Existing law establishes the California State Board of Pharmacy in the Department of Consumer Affairs and authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the California State Board of Pharmacy. Existing law authorizes the California State Board of Pharmacy to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Existing law, the Medical Practice Act, governs the scope and practice of medicine. Existing law establishes in the Department of Consumer Affairs the Medical Board of California (the board) to exercise licensing, regulatory, and disciplinary functions with respect to the practice of medicine. A violation of the Medical Practice Act is a crime. Existing law establishes the Contingent Fund of the Medical Board of California and makes moneys in the fund available, upon appropriation by the Legislature for the use of the board for expenses incurred in implementing the act. This bill would establish a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with the board, as specified, and would require the board to create a registry for participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize the board to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The fee would be deposited in the Contingent Fund of the Medical Board of California. The bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities acting in good faith from criminal or civil liability for an injury caused when donating, accepting, or dispensing medication in compliance with the requirements of the act. The bill would also exempt a participating practitioner acting in good faith that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. Because a violation of the requirements of the bill contained in the Medical Practice Act 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.