Adrin Nazarian
- Democratic
Author
Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law establishes the Osteopathic Medical Board of California within the department and sets forth its powers and duties relating to the licensure and regulation of osteopathic physicians and surgeons. Existing federal law known as the Open Payments program requires, among other things, applicable manufacturers of drugs, devices, and biological or medical supplies to annually report to the federal Secretary of Health and Human Services certain payments and other transfers of value made to covered recipients, as defined. The federal Centers for Medicare and Medicaid Services makes this Open Payments data available to the public via a federal government internet website. Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. That existing law specifically regulates drug marketing practices and requires a pharmaceutical company to adopt and update a program that includes policies on interactions with health care professionals and limits on gifts and incentives to medical or health professionals, as defined. Existing law requires each pharmaceutical company to establish in its program a specific annual dollar limit on gifts, promotional materials, or items or activities that the pharmaceutical company may give or otherwise provide to an individual medical or health care professional, with certain exemptions. This bill would require a physician and surgeon, defined to include a physician and surgeon licensed pursuant to the Medical Practice Act or an osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California under the Osteopathic Act, to provide to a patient at the initial office visit a written or electronic notice of the Open Payments database, as prescribed. This bill would require a physician and surgeon to post an Open Payments database notice, as described, in each location where the licensee practices and in an area that is likely to be seen by all persons who enter the office. The bill would, beginning January 1, 2024, require a physician and surgeon to conspicuously post the same Open Payments database notice on the internet website used for the physician and surgeon's practice, if such a website is used, except as provided. If the physician and surgeon is employed by a health care employer, the bill would instead require the health care employer to comply with these posting requirements. This bill would define other terms for its purposes. A violation of the bill's provisions would constitute unprofessional conduct. The bill would specify that these provisions do not apply to a physician and surgeon working in a hospital emergency room.
Chaptered by Secretary of State - Chapter 750, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 4. Page 5242.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 7.).
In Assembly. Concurrence in Senate amendments pending.
Read third time and amended. Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 11).
In committee: Held under submission.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 12).
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.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 9. Page 1281.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 0.) (April 28).
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 13).
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
Read first time.
From printer. May be heard in committee March 22.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1278 | HTML |
| 02/19/21 - Introduced | |
| 03/17/21 - Amended Assembly | |
| 04/15/21 - Amended Assembly | |
| 06/08/21 - Amended Senate | |
| 07/13/21 - Amended Senate | |
| 08/11/22 - Amended Senate | |
| 08/25/22 - Amended Senate | |
| 09/01/22 - Enrolled | |
| 09/29/22 - Chaptered |
| Document | Format |
|---|---|
| 04/09/21- Assembly Business and Professions | |
| 04/26/21- Assembly Appropriations | |
| 04/30/21- ASSEMBLY FLOOR ANALYSIS | |
| 07/11/21- Senate Business, Professions and Economic Development | |
| 08/20/21- Senate Appropriations | |
| 08/11/22- Senate Appropriations | |
| 08/23/22- Sen. Floor Analyses | |
| 08/26/22- Sen. Floor Analyses | |
| 08/30/22- ASSEMBLY FLOOR ANALYSIS |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.