Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the board. Existing law authorizes the board to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Existing law makes a violation of the Pharmacy Law a crime. This bill would establish, until January 1, 2027, a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with a surplus medication collection and distribution intermediary, as specified, and would require a surplus medication collection and distribution intermediary to create a registry for up to 50 participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize a surplus medication collection and distribution intermediary to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The bill would require participating practitioners to meet specified requirements, including establishing criteria for determining medication distribution to patients. This bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities from criminal or civil liability for an injury caused when participating in the program, including, but not limited to, donating, accepting, or dispensing medication in compliance with the requirements of the act, unless the person or entity acted with gross negligence, recklessness, intentional conduct, or in cases of malpractice unrelated to the quality of the medication. The bill would also exempt a participating practitioner that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. The bill would authorize the board to prohibit a participating practitioner from participating in the program if the participating practitioner does not comply with the requirements of the bill. Because a violation of the requirements of the bill contained in the Pharmacy Law 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.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 541, Statutes of 2021.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2608.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 79. Noes 0. Page 2914.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 15. Noes 0.) (August 26).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 13).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 19. Noes 0.) (June 22). Re-referred to Com. on HEALTH.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 40. Noes 0. Page 1323.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1187.) (May 20).
Read second time and amended. Ordered to second reading.
Set for hearing May 20.
April 19 hearing: Placed on APPR suspense file.
Set for hearing April 19.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 686.) (April 6).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 6.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 14. Noes 0. Page 405.) (March 8). Re-referred to Com. on JUD.
Set for hearing March 8.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
Referred to Coms. on B., P. & E.D. and JUD.
From printer. May be acted upon on or after March 7.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Bill Text Versions | Format |
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SB310 | HTML |
02/04/21 - Introduced | |
03/25/21 - Amended Senate | |
04/08/21 - Amended Senate | |
05/20/21 - Amended Senate | |
06/21/21 - Amended Assembly | |
07/06/21 - Amended Assembly | |
08/16/21 - Amended Assembly | |
08/30/21 - Amended Assembly | |
09/14/21 - Enrolled | |
10/05/21 - Chaptered |
Document | Format |
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03/05/21- Senate Business, Professions and Economic Development | |
04/02/21- Senate Judiciary | |
04/16/21- Senate Appropriations | |
05/20/21- Senate Appropriations | |
05/27/21- Sen. Floor Analyses | |
06/21/21- Assembly Business and Professions | |
07/11/21- Assembly Health | |
08/23/21- Assembly Appropriations | |
08/31/21- ASSEMBLY FLOOR ANALYSIS | |
09/08/21- Sen. Floor Analyses |
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