Pharmacy: dispensing controlled substances: lockable vials.

Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law prohibits a person from possessing any controlled substance, with certain exceptions, including substances furnished to a person upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or another of specified healing arts licensees. This bill would, commencing June 30, 2023, require a pharmacist, with certain exceptions, to dispense a Schedule II or Schedule IIN controlled substance in a lockable vial, as defined. The bill would require the pharmacist to also provide to a patient a specified opioid factsheet and the lockable vial vendor's online assistance information or toll-free telephone number, which a vendor contracting with a pharmacy would be required to provide to the pharmacy. The bill would require the manufacturer of the controlled substance to reimburse the pharmacy within 30 days of receiving the pharmacy's claim for reimbursement for the cost of the lockable vial and for the pharmacy's dispensing costs and services rendered. The bill would require the board, by October 1, 2023, to establish reasonable minimum and maximum amounts of reimbursement that include the cost of the lockable vial and services rendered and dispensing costs. The bill would make the manufacturer of a controlled substance subject to a civil penalty of $1,000 for each day the manufacturer is delinquent in reimbursing the pharmacy. The bill would, with certain exceptions, grant prescribers and pharmacists immunity from liability for adverse consequences resulting from a patient not being able to access their medication in a lockable vial or the failure of the lockable vial to prevent unauthorized access. Existing law, when no other penalty is provided, makes a knowing violation of the Pharmacy Law a misdemeanor and, in all other instances, makes a violation punishable as an infraction. This bill would exempt violations of the bill's provisions from those criminal penalties. The bill would require the board to assess an unspecified fine, to be determined by the board, for a violation of the bill's provisions by a pharmacist and would authorize the board to refrain from taking administrative action under certain circumstances, including a finding of financial hardship. The bill would exempt correctional pharmacies, correctional clinics, or patients of the Department of Corrections and Rehabilitation from the bill, and would authorize the board to adopt regulations to carry out its provisions. The bill would provide related findings and declarations of the Legislature.