This All Facilities Letter (AFL) supersedes AFL 09-46. Effective January 1, 2010, the requirements for skilled nursing facilities (SNF) and intermediate care facilities (ICF) emergency supply containers changed.

AB 931 modifies Health and Safety Code (H&SC) 1261.5 by authorizing an increase in the number of oral and suppository dosage form drugs contained in the emergency supply container from 24 to 48. Additionally, it changed the limit on the number of doses of each drug available from four up to 16 and limits the number of psychotherapeutic drugs to four of the 48, unless the California Department of Public Health (CDPH) grants program flexibility. In addition, the four oral form or suppository form psychotherapeutic drug limit shall not apply to a special treatment program service unit distinct part, as defined in H&SC Section 1276.9.

Any limitations established on the number and quantity of oral dosage or suppository form drugs provided by a pharmacy to a health facility licensed for storage in a secured emergency supplies container shall not apply to an automated drug delivery system, as defined in H&SC 1261.6, when a pharmacist controls access to the drugs.

The information in this AFL is a brief summary of AB 931 and facilities should refer to the full text to ensure compliance. CDPH’s failure to expressly notify facilities of legislative changes does not relieve facilities of their responsibility for following all laws and for being aware of all legislative changes. If you have any questions, please contact your local District Office.

Sincerely,

Original Signed by Kathleen Billingsley, R.N.

Kathleen Billingsley, R.N.
Deputy Director