Pharmacy: dispensing controlled substances: lockable vials.
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AB 2265 — Pharmacy: dispensing controlled substances: lockable vials.
Last action — In committee: Held under submission.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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. Existing law prohibits a person from possessing any controlled substance, with certain exceptions, including substances furnished to a person upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or another of specified healing arts licensees. This bill would, commencing June 30, 2023, require a pharmacist, with certain exceptions, to dispense a Schedule II or Schedule IIN controlled substance in a lockable vial, as defined. The bill would require the pharmacist to also provide to a patient a specified opioid factsheet and the lockable vial vendor's online assistance information or toll-free telephone number, which a vendor contracting with a pharmacy would be required to provide to the pharmacy. The bill would require the manufacturer of the controlled substance to reimburse the pharmacy within 30 days of receiving the pharmacy's claim for reimbursement for the cost of the lockable vial and for the pharmacy's dispensing costs and services rendered. The bill would require the board, by October 1, 2023, to establish reasonable minimum and maximum amounts of reimbursement that include the cost of the lockable vial and services rendered and dispensing costs. The bill would make the manufacturer of a controlled substance subject to a civil penalty of $1,000 for each day the manufacturer is delinquent in reimbursing the pharmacy. The bill would, with certain exceptions, grant prescribers and pharmacists immunity from liability for adverse consequences resulting from a patient not being able to access their medication in a lockable vial or the failure of the lockable vial to prevent unauthorized access. Existing law, when no other penalty is provided, makes a knowing violation of the Pharmacy Law a misdemeanor and, in all other instances, makes a violation punishable as an infraction. This bill would exempt violations of the bill's provisions from those criminal penalties. The bill would require the board to assess an unspecified fine, to be determined by the board, for a violation of the bill's provisions by a pharmacist and would authorize the board to refrain from taking administrative action under certain circumstances, including a finding of financial hardship. The bill would exempt correctional pharmacies, correctional clinics, or patients of the Department of Corrections and Rehabilitation from the bill, and would authorize the board to adopt regulations to carry out its provisions. The bill would provide related findings and declarations of the Legislature.
Bill Text
- Amended 04/06/22 - Amended Assembly Current pdf April 06, 2022
- Amended 03/30/22 - Amended Assembly pdf March 30, 2022
- Introduced 02/16/22 - Introduced pdf February 16, 2022
- AB2265 View text html
Action History
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In committee: Held under submission.
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In committee: Set, first hearing. Referred to suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 5).
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Re-referred to Com. on JUD.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (March 29).
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Referred to Coms. on B. & P. and JUD.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Joaquin Arambula · Primary
- Thomas J. Umberg · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Arambula, Joaquin Democratic
Co-sponsors (1)
- Umberg, Thomas J. Democratic
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 4 | 1 | 0 | 1 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 7 | 1 | 0 | 2 |
| % of votes cast | 70% | 10% | 0% | 20% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Yea |
| Holden | — | Yea |
| Mathis | — | Nay |
| Cunningham | — | Not Voting |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Davies, Laurie | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 3 |
| Democratic | 6 | 0 | 0 | 2 |
| Republican | 0 | 0 | 0 | 2 |
| Total | 11 | 0 | 0 | 7 |
| % of votes cast | 61% | 0% | 0% | 39% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Cunningham | — | Yea |
| Ting | — | Yea |
| McCarty | — | Yea |
| Salas | — | Yea |
| Smith | — | Not Voting |
| Medina | — | Not Voting |
| Vince Fong | — | Not Voting |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Gipson, Mike A. | Democratic | Not Voting |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Not Voting |
| Lee, Alex | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Chen, Phillip | Republican | Not Voting |
| Flora, Heath | Republican | Not Voting |
Subjects
Frequently asked questions
- What does AB 2265 do?
- 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. Existing law prohibits a person from possessing any controlled substance, with certain exceptions, including substances furnished to a person upon the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or another of specified healing arts licensees. This bill would, commencing June 30, 2023, require a pharmacist, with certain exceptions, to dispense a Schedule II or Schedule IIN controlled substance in a lockable vial, as defined. The bill would require the pharmacist to also provide to a patient a specified opioid factsheet and the lockable vial vendor's online assistance information or toll-free telephone number, which a vendor contracting with a pharmacy would be required to provide to the pharmacy. The bill would require the manufacturer of the controlled substance to reimburse the pharmacy within 30 days of receiving the pharmacy's claim for reimbursement for the cost of the lockable vial and for the pharmacy's dispensing costs and services rendered. The bill would require the board, by October 1, 2023, to establish reasonable minimum and maximum amounts of reimbursement that include the cost of the lockable vial and services rendered and dispensing costs. The bill would make the manufacturer of a controlled substance subject to a civil penalty of $1,000 for each day the manufacturer is delinquent in reimbursing the pharmacy. The bill would, with certain exceptions, grant prescribers and pharmacists immunity from liability for adverse consequences resulting from a patient not being able to access their medication in a lockable vial or the failure of the lockable vial to prevent unauthorized access. Existing law, when no other penalty is provided, makes a knowing violation of the Pharmacy Law a misdemeanor and, in all other instances, makes a violation punishable as an infraction. This bill would exempt violations of the bill's provisions from those criminal penalties. The bill would require the board to assess an unspecified fine, to be determined by the board, for a violation of the bill's provisions by a pharmacist and would authorize the board to refrain from taking administrative action under certain circumstances, including a finding of financial hardship. The bill would exempt correctional pharmacies, correctional clinics, or patients of the Department of Corrections and Rehabilitation from the bill, and would authorize the board to adopt regulations to carry out its provisions. The bill would provide related findings and declarations of the Legislature.
- Who sponsors AB 2265?
- AB 2265 is sponsored by Arambula, Joaquin (Democratic) and Umberg, Thomas J. (Democratic).
- What is the current status of AB 2265?
- This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2265?
- Track AB 2265 free on One Click Politics — get push/email alerts when it moves.
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