California’s ‘Stop Dangerous Pharmacies’ Act

What is it?

California Assembly Bill 1286, the Stop Dangerous Pharmacist Act, was passed in late 2023 and took effect at the start of this year. The bill makes some significant changes that affect chain and community pharmacies. Most importantly, it is the country’s first law of its kind and perhaps a signal of things to come.

What Spurred This Legislation?

Strikes and walkouts by pharmacy employees at chain drug stores over insufficient staffing and dangerously high workloads highlighted patient safety concerns. The California Board of Pharmacy launched a workforce survey that identified significant issues, particularly facing pharmacists working at chain pharmacies. A whopping 91% reported they did not believe staffing at their pharmacy was appropriate to ensure adequate patient care, and 83% did not believe they had sufficient time to consult with patients properly. In response, Assemblyman Matt Haney (D-San Francisco) sponsored the Stop Dangerous Pharmacies Act (AB1286), which the Governor signed into law. The new law makes important changes to pharmacy staffing requirements, pharmacy tech practice, and the reporting of medication errors.

Key Takeaways:

Expanded pharmacist-in-charge role: The bill authorizes the pharmacist-in-charge to make staffing decisions to ensure enough personnel are at the pharmacy to prevent “fatigue, distraction, or other conditions that may interfere with a pharmacist’s ability to practice competently and safely.” The pharmacist-in-charge is also responsible for notifying store management of any safety concerns that would pose a risk to patients or staff.

• Extra staffing: The new law requires chain pharmacies to be fully staffed with at least one clerk or pharmacy technician specifically dedicated to performing pharmacy-related services. (The law specifies certain situations in which it will not act against a pharmacy for violating section, including times beyond normal business hours, pharmacies with a prescription volume less than 75 per day, or if the pharmacist-in-charge waives the requirement in writing. The bill requires that when staffing of pharmacist hours does not overlap sufficiently, scheduled closures for lunch for all pharmacy staff will be established and publicly posted.
• Expanded pharmacy tech role: The bill authorizes pharmacy techs to take on additional roles under the pharmacist’s supervision. Specifically, techs can prepare and administer COVID-19 and influenza vaccines, prepare and administer epinephrine, and perform specimen collection for certain tests.
• Medication errors: Under the new law, community pharmacies will be required to report all medication errors to an entity approved by the board of pharmacy within 14 days. These reports will be deemed confidential and not subject to disclosure under the California Public Records Act. The bill also expands the list of specified actions that are considered ‘unprofessional conduct’ for a pharmacist.

References

California Assembly Bill 1286, Secretary of State (2023). Accessed March 7, 2024. https://legiscan.com/CA/bill/AB1286/2023

Allbee N. Stop dangerous pharmacies act is signed into California law. News release. Assemblymember Matt Haney, District 17. Published October 9, 2023. Accessed March 7, 2024. https://a17.asmdc.org/press-releases/20231009-stop-dangerous-pharmacies-act-signed-california-law