California 2021-2022 Regular Session Status: In Committee 2 D cosponsors

AB 2265 — Pharmacy: dispensing controlled substances: lockable vials.

Last action — In committee: Held under submission.

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

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Action History

  1. In committee: Held under submission.

  2. In committee: Set, first hearing. Referred to suspense file.

  3. Re-referred to Com. on APPR.

  4. Read second time and amended.

  5. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 5).

  6. Re-referred to Com. on JUD.

  7. Read second time and amended.

  8. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (March 29).

  9. Referred to Coms. on B. & P. and JUD.

  10. From printer. May be heard in committee March 19.

  11. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"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

Passed 7 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 4101
Republican 0001
Total 7102
% 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

Official roll call →

Passed 11 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 5003
Democratic 6002
Republican 0002
Total 11007
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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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