California AB 447: Political Reform Act of 1974.

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 Bill Text - AB-447 Emergency room patient prescriptions.

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 |Add To My Favorites |Track Bill | Version: 10/06/25 - Chaptered
 08/27/25 - Enrolled
 05/01/25 - Amended Assembly
 04/09/25 - Amended Assembly
 03/28/25 - Amended Assembly
 02/06/25 - Introduced

 AB-447 Emergency room patient prescriptions.(2025-2026)

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 Date Published: 10/07/2025 02:00 PM

AB447:v94#DOCUMENTBill Start

 Assembly Bill

 No. 447

 CHAPTER 363

 An act to amend Sections 4068 and 4427.2 of the Business and Professions Code, relating to healing arts. 

 [
 Approved by

 Governor
 October 06, 2025.

 Filed with

 Secretary of State
 October 06, 2025.
 ]

LEGISLATIVE COUNSEL'S DIGEST

AB 447, Mark González.
 Emergency room patient prescriptions.

Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy for the licensure and regulation of pharmacists and pharmacies. Existing law authorizes a prescriber to dispense a dangerous drug, including a controlled substance, to an emergency room patient if specified requirements are met, including that the dangerous drug is acquired by the hospital pharmacy.

This bill would, notwithstanding any other law, authorize a prescriber to dispense an unused portion of a dangerous drug acquired by the hospital pharmacy to an emergency room patient upon discharge if certain conditions are satisfied, including that
 the dangerous drug is not a controlled substance and that dispensing the unused portion of the dangerous drug is required to continue treatment of the patient.

Existing law requires an automated drug delivery system (ADDS) that is installed, leased, owned, or operated in California to be licensed by the board. Existing law exempts an automated unit dose system (AUDS), a type of ADDS, from licensure if the AUDS is used solely to provide doses administered to patients while in a licensed general acute care hospital facility or a licensed acute psychiatric hospital facility if the licensed hospital pharmacy owns or leases the AUDS and owns the dangerous drugs and dangerous devices in the AUDS.

This bill would also exempt from licensure an AUDS that is used to
 dispense dangerous drugs to emergency room patients in accordance with specified requirements.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 4068 of the Business and Professions Code is amended to read:

4068.

 (a) Notwithstanding any provision of this chapter, except as provided in subdivision (b), a prescriber may dispense a dangerous drug, including a controlled substance, to an emergency room patient if all of the following apply:

(1) The hospital pharmacy is closed and there is no pharmacist available in the hospital.

(2) The dangerous drug is acquired by the hospital pharmacy.

(3) The dispensing information is recorded and provided to the
 pharmacy when the pharmacy reopens.

(4) The hospital pharmacy retains the dispensing information and, if the drug is a schedule II, schedule III, or schedule IV controlled substance, reports the dispensing information to the Department of Justice pursuant to Section 11165 of the Health and Safety Code.

(5) The prescriber determines that it is in the best interest of the patient that a particular drug regimen be immediately commenced or continued, and the prescriber reasonably believes that a pharmacy located outside the hospital is not available and accessible at the time of dispensing to the patient.

(6) The quantity of drugs dispensed to any patient pursuant to this section are limited to that amount
 necessary to maintain uninterrupted therapy during the period when pharmacy services outside the hospital are not readily available or accessible, but shall not exceed a 72-hour supply.

(7) The prescriber shall ensure that the label on the drug contains all the information required by Section 4076.

(b) Notwithstanding any provision of this chapter, including subdivision (a), a prescriber may dispense an unused portion of a dangerous drug acquired by the hospital pharmacy to an emergency room patient upon discharge under all of the following conditions:

(1) The dangerous drug is not a controlled substance.

(2) The dangerous drug has been ordered and administered to the emergency room patient.

(3) The dangerous drug was administered from single patien