California 2021-2022 Regular Session Status: Enacted

AB 852 — Health care practitioners: electronic prescriptions.

Last action — Chaptered by Secretary of State - Chapter 518, Statutes of 2022.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires health care practitioners authorized to issue prescriptions to have the capability to issue electronic data transmission prescriptions and requires a pharmacy, pharmacist, or other practitioner authorized to dispense or furnish a prescription to have the capability to receive electronic data transmission prescriptions. Existing law requires those health care practitioners to issue a prescription as an electronic data transmission prescription except under certain circumstances, including that the electronic prescription is unavailable due to a temporary technological or electrical failure. Existing law requires a pharmacy that receives an electronic prescription from a prescribing health care practitioner who has issued a prescription but has not dispensed the medication to, at the request of the patient, immediately transfer or forward the electronic prescription to an alternative pharmacy designated by the requester. This bill would prohibit a pharmacy, pharmacist, or other practitioner authorized to dispense or furnish a prescription from refusing to dispense or furnish an electronic prescription solely because the prescription was not submitted via, or is not compatible with, their proprietary software. The bill would authorize a pharmacy, pharmacist, or other authorized practitioner to decline to dispense or furnish an electronic prescription submitted via software that fails to meet any one of specified criteria, including compliance with the federal Health Insurance Portability and Accountability Act of 1996. The bill would establish additional exceptions to the requirement that health care practitioners issue a prescription as an electronic data transmission prescription, including for a prescriber who registers with the California State Board of Pharmacy and states that they satisfy one or more criteria, including that they issue 100 or fewer prescriptions per calendar year. The bill would make specified exceptions to the requirement for a pharmacy to immediately transfer an electronic prescription to an alternative pharmacy upon request of the patient, including if the action would result in a violation of any state or federal law.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 518, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 15. Noes 0.) (August 30).

  6. Joint Rule 62(a), file notice suspended.

  7. Re-referred to Com. on B. & P. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 2. Page 5186.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 5. Noes 0.) (August 11).

  14. In committee: Referred to suspense file.

  15. In committee: Hearing postponed by committee.

  16. Re-referred to Com. on APPR.

  17. Withdrawn from committee.

  18. From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on JUD.

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  20. In committee: Hearing postponed by committee.

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  22. Referred to Coms. on B., P. & E.D. and JUD.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1538.)

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 16. Noes 0.) (May 5).

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 20).

  30. Referred to Com. on B. & P.

  31. From printer. May be heard in committee March 20.

  32. Read first time. To print.

Sponsors

  • Wood · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 12 voted No

Sponsors (1)

  • Wood

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

AB 852 Jones-Sawyer Assembly Third Reading

Passed 58 Yea · 13 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 44003
Unaffiliated 14402
Republican 0904
Total 581309
% of votes cast 73%16%0%11%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Santiago — Yea
Essayli — Nay
Mathis — Nay
Waldron — Not Voting
Friedman — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Not Voting
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting
Wallis, Greg Republican Not Voting

Official roll call →

AB 852 Wood Concurrence in Senate Amendments

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 35004
Democratic 32000
Republican 8001
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Cunningham — Yea
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Mayes — Not Voting
Cooper — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 15 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 7002
Republican 3000
Unaffiliated 5001
Total 15003
% of votes cast 83%0%0%17%
How each member voted (18)
Member Party Vote
Salas — Yea
Ting — Yea
Medina — Yea
McCarty — Yea
Cunningham — Not Voting
Vince Fong — Yea
Alvarez, David Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea

Official roll call →

3rd Reading AB852 Wood By Dodd

Passed 32 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 19103
Republican 0103
Total 32206
% of votes cast 80%5%0%15%
How each member voted (40)
Member Party Vote
Newman — Yea
Melendez — Yea
Min — Yea
Atkins — Yea
Glazer — Yea
Borgeas — Yea
Roth — Yea
Eggman — Yea
Rubio — Yea
Kamlager — Yea
Gonzalez — Yea
Hueso — Yea
Pan — Yea
Hertzberg — Yea
Portantino — Yea
Leyva — Yea
Wieckowski — Yea
Skinner — Yea
Dodd — Yea
Nielsen — Nay
Bradford — Not Voting
Wilk — Not Voting
Bates — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3001
Republican 0001
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Bates — Not Voting
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Kamlager — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 11 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democratic 3000
Republican 0002
Total 11003
% of votes cast 79%0%0%21%
How each member voted (14)
Member Party Vote
Dodd — Yea
Pan — Yea
Melendez — Yea
Leyva — Yea
Roth — Yea
Min — Yea
Eggman — Yea
Newman — Yea
Bates — Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

AB 852 Wood Assembly Third Reading

Passed 75 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 40001
Republican 8002
Total 75003
% of votes cast 96%0%0%4%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Bigelow — Not Voting
Voepel — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Wood — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 7000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10000
Republican 2001
Democratic 5001
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Bloom — Yea
Mullin — Yea
Cunningham — Yea
Salas — Yea
Chiu — Yea
Ting — Yea
Low — Yea
Holden — Yea
Medina — Yea
McCarty — Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

healthcare health-insurance technology
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Frequently asked questions

What does AB 852 do?
Existing law requires health care practitioners authorized to issue prescriptions to have the capability to issue electronic data transmission prescriptions and requires a pharmacy, pharmacist, or other practitioner authorized to dispense or furnish a prescription to have the capability to receive electronic data transmission prescriptions. Existing law requires those health care practitioners to issue a prescription as an electronic data transmission prescription except under certain circumstances, including that the electronic prescription is unavailable due to a temporary technological or electrical failure. Existing law requires a pharmacy that receives an electronic prescription from a prescribing health care practitioner who has issued a prescription but has not dispensed the medication to, at the request of the patient, immediately transfer or forward the electronic prescription to an alternative pharmacy designated by the requester. This bill would prohibit a pharmacy, pharmacist, or other practitioner authorized to dispense or furnish a prescription from refusing to dispense or furnish an electronic prescription solely because the prescription was not submitted via, or is not compatible with, their proprietary software. The bill would authorize a pharmacy, pharmacist, or other authorized practitioner to decline to dispense or furnish an electronic prescription submitted via software that fails to meet any one of specified criteria, including compliance with the federal Health Insurance Portability and Accountability Act of 1996. The bill would establish additional exceptions to the requirement that health care practitioners issue a prescription as an electronic data transmission prescription, including for a prescriber who registers with the California State Board of Pharmacy and states that they satisfy one or more criteria, including that they issue 100 or fewer prescriptions per calendar year. The bill would make specified exceptions to the requirement for a pharmacy to immediately transfer an electronic prescription to an alternative pharmacy upon request of the patient, including if the action would result in a violation of any state or federal law.
Who sponsors AB 852?
AB 852 is sponsored by Wood.
What is the current status of AB 852?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 852?
Track AB 852 free on One Click Politics — get push/email alerts when it moves.

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