AMENDED IN SENIOR ASSEMBLY OCTOBER 30, 2012
SENIOR ASSEMBLY PROPOSAL NO. 36
INTRODUCED BY SENIOR ASSEMBLY MEMBER TOM
(COAUTHOR: SENIOR SENATOR CONAWAY)
LEGISLATIVE COUNSEL'S DIGEST
AP 36: PHARMACIES: SENIOR PATIENT PRESCRIPTION LIST
EXISTING LAW, THE PHARMACY LAW, PROVIDES FOR THE LICENSURE AND REGULATION OF PHARMACISTS AND PHARMACIES BY THE CALIFORNIA STATE BOARD OF PHARMACY. EXISTING LAW IMPOSES VARIOUS REQUIREMENTS ON PHARMACISTS WITH RESPECT TO THE DISPENSING OF PRESCRIPTIONS, INCLUDING THAT A PHARMACIST INFORM A PATIENT, AS SPECIFIED, OF THE HARMFUL EFFECTS OF A PRESCRIPTION DRUG IF THE DRUG POSES A RISK TO THE PERSON UNDER CERTAIN CIRCUMSTANCES.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THAT, UPON A SENIOR PATIENT PURCHASING A NEW PRESCRIPTION, A PHARMACIST, AS DEFINED, SHALL BE REQUIRED TO PREPARE AND PROVIDE A SUMMARY LIST, IN BOTH HARD COPY AND ELECTRONIC FORMAT, WHICH CONTAINS ALL OF A SENIOR PATIENT’S PRESCRIPTION DRUGS.
VOTE: MAJORITY.
AP 36: RELATING TO PHARMACY
WHEREAS, KEEPING A PRESCRIPTION DRUG RECORD CAN BE CUMBERSOME FOR SENIORS TO MAINTAIN, ESPECIALLY WITH THE NUMBER OF PRESCRIPTIONS THAT ARE PRESCRIBED FOR THEM; AND
WHEREAS, IN SITUATIONS WHERE THE PHYSICIAN AND SURGEON HAS CHANGED A SENIOR’S PRESCRIPTION, THE SENIOR MAY CONTINUE TO RENEW THE PRIOR PRESCRIPTION BECAUSE HE OR SHE CAN, AND NOT BECAUSE HE OR SHE NEEDS TO, SINCE THE PHARMACY MAINTAINS A RECORD OF THE INITIAL PRESCRIPTION; AND
WHEREAS, IF A PHARMACIST PROVIDED A SENIOR WITH A LIST OF ALL OF HIS OR HER PRESCRIPTIONS, IN EITHER HARD COPY OR ELECTRONIC FORMAT, A SENIOR WOULD NOT NEED TO BRING ALL OF HIS OR HER PRESCRIPTION BOTTLES TO THE PHARMACY; AND
WHEREAS, OTHER HEALTH CARE PRACTITIONERS, INCLUDING, BUT NOT LIMITED TO, DENTISTS, PODIATRISTS, AND OPTHAMOLOGISTS, AND EVEN HEALTH AND FITNESS CLUBS REQUIRE SENIORS TO LIST THEIR PRESCRIPTION DRUGS ON FORMS AND APPLICATIONS, AND MOST SENIORS WOULD HAVE TROUBLE RECALLING ALL OF THEIR PRESCRIPTION DRUGS FOR THAT PURPOSE; AND
WHEREAS, IF A PHARMACIST PROVIDED A SENIOR WITH A HARD COPY OR ELECTRONIC LIST THAT INCLUDED ALL OF HIS OR HER PRESCRIPTION DRUGS, THE SENIOR COULD PROVIDE THAT LIST TO THOSE HEALTH CARE PRACTITIONERS AND HEALTH AND FITNESS CLUBS INSTEAD OF HAVING TO PREPARE AND UPDATE HIS OR HER OWN LIST; AND
WHEREAS, EVEN THE PRIMARY CARE PHYSICIAN AND SURGEON WOULD BENEFIT FROM A PRESCRIPTION DRUG LIST, AND THE PHYSICIAN AND SURGEON COULD UPDATE THE LIST AND ELIMINATE PRESCRIPTIONS THAT ARE NO LONGER NECESSARY; AND
WHEREAS, THE AVERAGE PERSON OVER 65 YEARS OF AGE TAKES THREE TO FOUR PRESCRIPTION DRUGS FOR VARIOUS AILMENTS; AND
WHEREAS, SENIORS RECEIVED MORE THAN 35 PERCENT OF ALL MEDICATIONS DUE TO THE MULTITUDE OF SPECIALISTS AND NONINTEGRATED MEDICAL RECORDS; AND
WHEREAS, ABOUT 80 PERCENT OF SENIORS HAVE ONE CHRONIC ILLNESS AND 40 PERCENT HAVE MORE THAN ONE CONCURRENT ILLNESS; AND
WHEREAS, PHARMACISTS PROVIDE PATIENTS WITH INFORMATION ABOUT PRESCRIPTIONS WHEN THEY DISPENSE A PRESCRIPTION DRUG AND PROVIDING A LIST CONTAINING ALL PRESCRIPTIONS FOR A PARTICULAR PATIENT PURSUANT TO THE PHARMACY’S DATABASE WOULD IMPOSE NO ADDITIONAL COST ON THE PHARMACY, PARTICULARLY IF THIS LIST IS PROVIDED TO THE PATIENT IN ELECTRONIC FORMAT AND THE PHARMACY USUALLY CORRESPONDS WITH INSURANCE COMPANIES ELECTRONICALLY; AND
WHEREAS, REQUIRING A PHARMACIST TO PROVIDE A SENIOR PATIENT WITH A LIST CONTAINING ALL OF HIS OR HER PRESCRIPTIONS WOULD MEAN THAT SENIORS WOULD NOT HAVE TO PAY FOR DUPLICATE OR SIMILAR DRUGS THEY THINK THEY SHOULD PURCHASE BECAUSE OF AN EXISTING PRESCRIPTION FROM THEIR PHYSICIAN AND SURGEON; AND
WHEREAS, A LIST OF PRESCRIPTION MEDICATIONS WOULD LESSEN THE CHANCE OF A CAREGIVER MISSPELLING THE NAME OF A MEDICATION AND CAUSING THE ADMINISTRATION OF THE WRONG MEDICINE, WHICH MAY HAVE A DETRIMENTAL AND EVEN FATAL RESULT; AND
WHEREAS, OVERDOSE OF PRESCRIPTION MEDICATIONS CAN CAUSE ADDICTION AND OTHER MEDICAL ILLNESSES WITHOUT A SENIOR SELF-MONITORING RESOURCE, SUCH AS A LIST OF CURRENT PRESCRIPTIONS; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT, UPON A SENIOR PATIENT PURCHASING A NEW PRESCRIPTION, A PHARMACIST, AS DEFINED IN SECTION 4036 OF THE BUSINESS AND PROFESSIONS CODE, SHALL BE REQUIRED TO PREPARE AND PROVIDE A SUMMARY LIST, IN BOTH HARD COPY AND ELECTRONIC FORMAT, CONTAINING ALL OF THE SENIOR PATIENT’S PRESCRIPTION DRUGS OBTAINED FROM THAT PHARMACY; 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 THAT 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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RN 12 16491