Section 5307.29 Of Chapter 1. Jurisdiction From California Labor Code >> Division 4. >> Part 4. >> Chapter 1.
5307.29
. (a) The administrative director shall make provision for
no less than quarterly updates to the drug formulary to allow for the
provision of all appropriate medications, including those new to the
market.
(b) Changes made to the list of drugs in the drug formulary
described in Section 5307.27 shall be made through an order exempt
from Sections 5307.3 and 5307.4, and the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
informing the public of the changes and their effective date. All
orders issued pursuant to this subdivision shall be published on the
Internet Web site of the Division of Workers' Compensation.
(c) The administrative director shall establish an independent
pharmacy and therapeutics committee to review and consult with the
administrative director on available evidence of the relative safety,
efficacy, and effectiveness of drugs within a class of drugs in the
updating of an evidence-based drug formulary, as required by Section
5307.27.
(1) The committee shall consist of six members and the Executive
Medical Director of the Division of Workers' Compensation. The
committee shall consist of medical doctors or doctors of osteopathy
holding a physician and surgeon license pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code, and pharmacists licensed pursuant to Chapter 9
(commencing with Section 4000) of Division 2 of the Business and
Professions Code. A committee member shall have knowledge or
expertise in one or more of the following:
(A) Clinically appropriate prescribing of covered drugs.
(B) Clinically appropriate dispensing and monitoring of covered
drugs.
(C) Drug use review.
(D) Evidence-based medicine.
(2) Committee members shall not be employed by a pharmaceutical
manufacturer, a pharmacy benefits management company, or a company
engaged in the development of a pharmaceutical formulary for
commercial sale during his or her term, and shall not have been so
employed for 12 months prior to his or her appointment.
(3) A committee member shall not have a substantial financial
conflict of interest pursuant to standards established by the
administrative director. The administrative director may, in his or
her sole discretion, disqualify a potential or current member of the
committee if the administrative director determines that a
substantial conflict of interest exists.
(4) A committee member shall agree to keep all proprietary
information confidential to the extent required by existing law.