SENIOR ASSEMBLY PROPOSAL NO. 8

INTRODUCED BY SENIOR ASSEMBLY MEMBER GOULD

(COAUTHOR: SENIOR ASSEMBLY MEMBER RICHARD SHONTZ)

LEGISLATIVE COUNSEL'S DIGEST

AP 8: LABELING OF PRESCRIPTION DRUGS.

UNDER EXISTING LAW, A PHARMACY GIVES A NOTICE OF THE CONDITION FOR WHICH A DRUG IS BEING PRESCRIBED ONLY IF THE PATIENT REQUESTS THIS INFORMATION.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE ALL PRESCRIPTIONS TO CONTAIN A NOTICE ON THE PRESCRIPTION LABEL OF THE PURPOSE FOR WHICH THE DRUG IS BEING PRESCRIBED, UNLESS THE PATIENT OR THE PHYSICIAN REQUESTS THAT THIS INFORMATION BE OMITTED.

VOTE: MAJORITY.

AP 8: RELATING TO LABELING OF PRESCRIPTION DRUGS

WHEREAS, MANY PRESCRIPTION DRUGS HAVE MORE THAN ONE USE OR PURPOSE; AND

WHEREAS, THE PATIENT, FAMILY MEMBERS OF THE PATIENT, AND CAREGIVERS, INCLUDING NURSES AND AIDES, AT VARIOUS LOCATIONS, INCLUDING, BUT NOT LIMITED TO, THE HOME, HOSPITAL, AND ASSISTED LIVING FACILITY, HAVE AN IMMEDIATE NEED TO KNOW THE INTENDED PURPOSE OF THE PRESCRIPTION DRUGS; AND

WHEREAS, MANY PEOPLE, PARTICULARLY SENIORS, HAVE UNEXPIRED PRESCRIPTION DRUGS IN THEIR MEDICINE CABINETS, AND DO NOT REMEMBER THE INTENDED USE, BECAUSE THE PURPOSE FOR THE DRUG IS OMITTED FROM THE LABEL; AND

WHEREAS, CALIFORNIA LAW ALREADY REQUIRES THAT THE PHARMACIST INCLUDE EVERYTHING ON THE PRESCRIPTION DRUG LABEL THAT IS WRITTEN ON THE DOCTOR’S ORDERS; AND WHEREAS, CALIFORNIA LAW ALREADY REQUIRES THAT “THE PRESCRIBER WILL WRITE THE PURPOSE OF THE MEDICATION TO BE INCLUDED ON THE LABEL WHEN REQUESTED BY THE PATIENT”; AND

WHEREAS, MANY PATIENTS ARE UNAWARE OF THEIR RIGHT TO REQUEST THAT THE PRESCRIPTION LABEL CONTAIN INFORMATION ABOUT THE PURPOSE OF THE DRUG; AND

WHEREAS, INCLUDING THE PURPOSE FOR THE PRESCRIPTION DRUG ON THE PRESCRIPTION LABEL WILL SAVE THE DOCTOR’S AND PHARMACIST’S TIME BY REDUCING THE NUMBER OF TELEPHONE CALLS AND VISITS TO BE REMINDED OF THE PURPOSE OF A PRESCRIPTION; AND

WHEREAS, INCLUDING THIS INFORMATION WILL ALSO PROVIDE A CHECK SYSTEM BETWEEN THE DOCTOR WRITING THE PRESCRIPTION AND THE PHARMACIST FILLING THE PRESCRIPTION AND, THEREFORE, HELP REDUCE MEDICATION ERROR; AND

WHEREAS, INCLUDING THE PURPOSE OF THE PRESCRIPTION DRUG ON THE LABEL WOULD LIMIT OR HOLD HARMLESS THE PRESCRIBER FROM ANY POTENTIAL LIABILITY AS TO THE PURPOSE OF THE PRESCRIPTION DRUG; AND

WHEREAS, THE VETERANS ADMINISTRATION PHARMACY IN SEPULVEDA, CALIFORNIA, CURRENTLY REQUIRES PHYSICIANS TO INCLUDE THE PURPOSE OF THE MEDICATION ON THE PRESCRIPTION LABEL; AND

WHEREAS, KAISER-PERMANENTE IN WOODLAND HILLS, CALIFORNIA, ALREADY REQUIRES ITS DOCTORS TO INCLUDE THE PURPOSE OF THE PRESCRIPTION DRUG ON THE LABEL; AND

WHEREAS, PRESCRIPTION DRUG INFORMATION IS PRIVATE AND CONFIDENTIAL AMONG THE PRESCRIBING DOCTOR, THE PATIENT, AND THE PHARMACIST, SO THAT IT CANNOT BE GIVEN OR SOLD TO ANY PERSON OR BUSINESS FOR ANY REASON; AND

WHEREAS, UNDER THIS SENIOR LEGISLATIVE PROPOSAL, FOR PURPOSES OF PRIVACY, EITHER THE PATIENT OR THE DOCTOR, OR BOTH, COULD SPECIFICALLY REQUEST THAT THE PURPOSE OF THE PRESCRIPTION DRUG BE OMITTED; 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 ALL PRESCRIPTION DRUGS BE REQUIRED TO CONTAIN A NOTICE ON THE PRESCRIPTION LABEL OF THE PURPOSE FOR WHICH THE DRUG IS BEING PRESCRIBED, UNLESS THE PATIENT OR THE PRESCRIBING DOCTOR REQUESTS THIS INFORMATION BE OMITTED; 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 15846