SENIOR SENATE PROPOSAL NO. 14
INTRODUCED BY SENIOR SENATOR BOWEN
(COAUTHOR: ASSEMBLY MEMBER LOH)
LEGISLATIVE COUNSEL'S DIGEST
SP 14: CANADIAN PRESCRIPTION DRUGS.
UNDER EXISTING LAW, ANY PHARMACY LOCATED OUTSIDE CALIFORNIA THAT SHIPS, MAILS, OR DELIVERS CONTROLLED SUBSTANCES, DANGEROUS DRUGS, OR DANGEROUS DEVICES INTO THIS STATE IS CONSIDERED A NONRESIDENT PHARMACY AND IS REQUIRED TO REGISTER WITH THE CALIFORNIA STATE BOARD OF PHARMACY AND TO COMPLY WITH OTHER SPECIFIED REQUIREMENTS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ADD SECTION 4112.5 TO THE BUSINESS AND PROFESSIONS CODE TO REQUIRE THE CALIFORNIA STATE BOARD OF PHARMACY TO DEVELOP AND DISSEMINATE INFORMATION IDENTIFYING CANADIAN PHARMACIES THAT HAVE ESTABLISHED THAT THEY MEET RECOGNIZED STANDARDS FOR THE SAFE ACQUISITION, SHIPMENT, HANDLING, AND DISPENSING OF DANGEROUS DRUGS TO PERSONS IN CALIFORNIA, AND TO ESTABLISH AN INTERACTIVE INTERNET WEB SITE, PAID FOR BY CANADIAN PHARMACIES, THAT LINKS CONSUMERS TO, OR PROVIDES INFORMATION ABOUT, CANADIAN PHARMACIES THAT THE BOARD HAS DETERMINED MEET THOSE RECOGNIZED STANDARDS.
UNDER EXISTING LAW REGARDING THE PURCHASE IN BULK OF PRESCRIPTION DRUGS FOR GOVERNMENT AGENCIES, THE DEPARTMENT OF GENERAL SERVICES IS AUTHORIZED TO ENTER INTO EXCLUSIVE OR NONEXCLUSIVE CONTRACTS ON A BID OR NEGOTIATED BASIS WITH MANUFACTURERS AND SUPPLIERS OF SINGLE SOURCE OR MULTISOURCE DRUGS.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AMEND EXISTING SECTION 14977.1 OF THE GOVERNMENT CODE TO AUTHORIZE THE DEPARTMENT OF GENERAL SERVICES TO ENTER INTO EXCLUSIVE OR NONEXCLUSIVE CONTRACTS ON A BID OR NEGOTIATED BASIS WITH CANADIAN MANUFACTURERS AND CANADIAN SUPPLIERS OF SINGLE SOURCE OR MULTISOURCE DRUGS.
VOTE: MAJORITY.
SP 14: RELATING TO CANADIAN PRESCRIPTION DRUGS
WHEREAS, PRESCRIPTION MEDICATIONS ARE AN ESSENTIAL PART OF HEALTH CARE DELIVERY AND HAVE CONTRIBUTED TO INCREASING THE LIFE EXPECTANCY OF SENIORS AND TREATING THEIR DISEASES AND CONDITIONS; AND
WHEREAS, DUE TO THE HIGH COST OF PRESCRIPTION MEDICATIONS, MANY SENIORS, DISABLED, AND LOW-INCOME PERSONS ARE UNABLE TO AFFORD THE MEDICATIONS THEY NEED TO MAINTAIN THEIR HEALTH; AND
WHEREAS, CANADIAN PHARMACIES THAT ARE LICENSED BY THE PROVINCES IN WHICH THEY ARE LOCATED GENERALLY MEET SAFETY STANDARDS FOR THE ACQUISITION, DISTRIBUTION, AND DISPENSING OF PRESCRIPTION MEDICATIONS THAT ARE AS STRINGENT AS THOSE IN CALIFORNIA; AND
WHEREAS, EXISTING LAW REGARDING THE PURCHASE IN BULK OF PRESCRIPTION DRUGS FOR GOVERNMENT AGENCIES AUTHORIZES THE DEPARTMENT OF GENERAL SERVICES TO ENTER INTO CONTRACTS WITH MANUFACTURERS AND SUPPLIERS OF CERTAIN DRUGS AND OBTAIN DISCOUNTS, REBATES, OR REFUNDS AS PERMISSIBLE UNDER FEDERAL LAW, BUT DOES NOT AUTHORIZE THE DEPARTMENT TO CONSIDER CANADIAN DRUG SOURCES OR REQUEST FEDERAL WAIVERS; AND
WHEREAS, FAILURE TO CONSIDER CANADIAN SOURCES OF PRESCRIPTION DRUGS COSTS THE TAXPAYERS OF CALIFORNIA APPROXIMATELY $30,000,000 PER YEAR; AND
WHEREAS, TO HELP RESOLVE THIS PROBLEM, THE LEGISLATURE SHOULD PROVIDE INFORMATION TO SENIORS ON USING CANADIAN DRUGSTORES TO REDUCE THE COSTS OF THEIR PRESCRIPTION DRUGS, SHOULD REQUIRE THE DEPARTMENT OF GENERAL SERVICES TO CONSIDER CANADIAN SUPPLIERS FOR THE PURCHASE OF PRESCRIPTION DRUGS FOR STATE PRISONS, HOSPITALS, AND AGENCIES, AND SHOULD AUTHORIZE THE MEDI-CAL PROGRAM TO REIMPORT MEDICATIONS FROM CANADA; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2004 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE PASS A BILL TO ADD SECTION 4112.5 TO THE BUSINESS AND PROFESSIONS CODE TO READ AS FOLLOWS:
4112.5. THE BOARD SHALL DEVELOP AND DISSEMINATE INFORMATION IDENTIFYING CANADIAN PHARMACIES THAT HAVE ESTABLISHED THAT THEY MEET RECOGNIZED STANDARDS FOR THE SAFE ACQUISITION, SHIPMENT, HANDLING, AND DISPENSING OF DANGEROUS DRUGS TO PERSONS IN CALIFORNIA. AS PART OF THIS REQUIREMENT, THE BOARD SHALL ESTABLISH AN INTERACTIVE INTERNET WEB SITE THAT LINKS CONSUMERS TO, OR PROVIDES INFORMATION ABOUT, CANADIAN PHARMACIES THAT THE BOARD HAS DETERMINED MEET RECOGNIZED STANDARDS FOR THE SAFE ACQUISITION, SHIPMENT, HANDLING, AND DISPENSING OF DANGEROUS DRUGS TO PERSONS IN CALIFORNIA. A CANADIAN DRUG STORE THAT WISHES TO HAVE A LINK ON THE CALIFORNIA INTERNET WEB SITE SHALL PAY A FEE TO THE STATE FOR THE CREATION AND MAINTENANCE OF THE WEB SITE OF $1,500 PER ENTRY; AND BE IT FURTHER
RESOLVED, BY THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA THAT THE LEGISLATURE PASS A BILL TO AMEND SECTION 14977.1 OP THE GOVERNMENT CODE TO READ AS FOLLOWS:
14977.1. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT OF GENERAL SERVICES MAY ENTER INTO EXCLUSIVE OR NONEXCLUSIVE CONTRACTS ON A BID OR NEGOTIATED BASIS WITH MANUFACTURERS AND SUPPLIERS OF SINGLE SOURCE OR MULTISOURCE DRUGS. THESE MANUFACTURES AND SUPPLIERS MAY INCLUDE, BUT ARE NOT LIMITED TO, CANADIAN SOURCES. THE DEPARTMENT MAY OBTAIN FROM THOSE MANUFACTURERS AND SUPPLIERS, DISCOUNTS, REBATES, OR REFUNDS BASED ON QUANTITIES PURCHASED INSOFAR AS PERMISSIBLE UNDER FEDERAL LAW. CONTRACTS ENTERED INTO PURSUANT TO THIS CHAPTER MAY INCLUDE PRICE DISCOUNTS, REBATES, REFUNDS, OR OTHER STRATEGIES AIMED AT MANAGING ESCALATING PRESCRIPTION DRUG PRICES.
(B) CONTRACTS UNDER THIS CHAPTER SHALL BE EXEMPT FROM CHAPTER 2 (COMMENCING WITH SECTION 10290) OF PART 2 OF DIVISION 2 OF THE PUBLIC CONTRACT CODE; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION WHICH WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
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