California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 409 — Pharmacy practice: testing.

Last action — Chaptered by Secretary of State. Chapter 604, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 12, 2021. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 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 provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health. Existing law prohibits the performance of a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) unless specific criteria are met, including that the test or examination is performed under the overall operation and administration of a laboratory director, as defined. 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. A violation of the Pharmacy Law is a crime. Existing law authorizes a pharmacist to independently initiate and administer any COVID-19 vaccines approved or authorized by the United States Food and Drug Administration (FDA) , or vaccines listed on the routine immunization schedules recommended by the federal Advisory Committee on Immunization Practices (ACIP) in compliance with individual ACIP vaccine recommendations and published by the federal Centers for Disease Control and Prevention (CDC) for persons 3 years of age or older. This bill would also authorize a pharmacist or a pharmacy to perform, in accordance with specified requirements and conditions, any aspect of an FDA-approved or -authorized test that is classified as waived under CLIA if the test is used to detect or screen for certain illnesses, conditions, or diseases identified in the bill or the test is approved by the board, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health, by regulation. The bill would make conforming changes in provisions related to clinical laboratories to authorize testing and include pharmacist-in-charge, as specified, in the definition of a laboratory director. The bill would require a pharmacy and a pharmacist-in-charge to maintain documents related to testing and compliance in a specified manner. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would incorporate additional changes to Section 1209 of the Business and Professions Code proposed by AB 526 to be operative only if this bill and AB 526 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 604, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2522.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 73. Noes 0. Page 2816.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. From consent calendar on motion of Assembly Member Irwin.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (August 19).

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (July 6).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.

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

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 38. Noes 0. Page 659.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  21. Set for hearing March 22.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0. Page 405.) (March 8). Re-referred to Com. on APPR.

  23. Set for hearing March 8.

  24. Referred to Com. on B., P. & E.D.

  25. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  26. (Ayes 32. Noes 4.)

  27. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  28. From printer. May be acted upon on or after March 18.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB409 Caballero Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Democratic 12001
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Bates — Yea
Kamlager — Yea
Wilk — Yea
Leyva — Yea
Rubio — Yea
Hertzberg — Yea
Pan — Yea
Bradford — Yea
Borgeas — Yea
Gonzalez — Yea
Skinner — Yea
Glazer — Yea
Melendez — Yea
Min — Yea
Portantino — Yea
Atkins — Yea
Dodd — Yea
Roth — Yea
Wieckowski — Yea
Hueso — Yea
Nielsen — Yea
Newman — Yea
Eggman — 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 Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 409 Caballero Senate Third Reading By Low

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 39005
Democratic 25002
Republican 9000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Voepel — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Gray — Not Voting
Levine — Not Voting
Bloom — Not Voting
Rendon — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
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
Gabriel, Jesse Democratic Not Voting
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 Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 3000
Republican 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Quirk — Yea
Bigelow — Yea
Chau — Yea
McCarty — Yea
Voepel — Yea
Mullin — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Kalra, Ash Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

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

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 3000
Democratic 5000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Bloom — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Ting — Yea
Low — Yea
Medina — Yea
McCarty — Yea
Cunningham — Yea
Vince Fong — Yea
Berman, Marc Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui 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

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 11002
Republican 4000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Glazer — Yea
Nielsen — Yea
Wilk — Yea
Kamlager — Yea
Dodd — Yea
Rubio — Yea
Bradford — Yea
Min — Yea
Melendez — Yea
Eggman — Yea
Hertzberg — Yea
Pan — Yea
Hueso — Yea
Newman — Yea
Gonzalez — Yea
Leyva — Yea
Borgeas — Yea
Bates — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Atkins — Yea
Portantino — Yea
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 Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

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

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 3000
Republican 2000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Melendez — Yea
Eggman — Yea
Pan — Yea
Leyva — Yea
Newman — Yea
Dodd — Yea
Bates — Yea
Roth — Yea
Min — Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 409 do?
Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health. Existing law prohibits the performance of a clinical laboratory test or examination classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) unless specific criteria are met, including that the test or examination is performed under the overall operation and administration of a laboratory director, as defined. 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. A violation of the Pharmacy Law is a crime. Existing law authorizes a pharmacist to independently initiate and administer any COVID-19 vaccines approved or authorized by the United States Food and Drug Administration (FDA) , or vaccines listed on the routine immunization schedules recommended by the federal Advisory Committee on Immunization Practices (ACIP) in compliance with individual ACIP vaccine recommendations and published by the federal Centers for Disease Control and Prevention (CDC) for persons 3 years of age or older. This bill would also authorize a pharmacist or a pharmacy to perform, in accordance with specified requirements and conditions, any aspect of an FDA-approved or -authorized test that is classified as waived under CLIA if the test is used to detect or screen for certain illnesses, conditions, or diseases identified in the bill or the test is approved by the board, in conjunction with the Medical Board of California and Laboratory Field Services in the State Department of Public Health, by regulation. The bill would make conforming changes in provisions related to clinical laboratories to authorize testing and include pharmacist-in-charge, as specified, in the definition of a laboratory director. The bill would require a pharmacy and a pharmacist-in-charge to maintain documents related to testing and compliance in a specified manner. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would incorporate additional changes to Section 1209 of the Business and Professions Code proposed by AB 526 to be operative only if this bill and AB 526 are enacted and this bill is enacted last.
Who sponsors SB 409?
SB 409 is sponsored by Caballero, Anna M. (Democratic).
What is the current status of SB 409?
This bill has been enacted into law. Introduced February 12, 2021. Enacted.
Where can I track SB 409?
Track SB 409 free on One Click Politics — get push/email alerts when it moves.

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