Committee Hearing on Bill to Increase Tort Liability for Drug Makers
On Tuesday, April 29, the Assembly Judiciary Committee will hold a legislative hearing to discuss AB 2690, authored by Assemblyman Paul Krekorian (D-Burbank), legislation that would eliminate a well-established judicial principle called the “Learned Intermediary Doctrine.”  This doctrine is an exception to the general rule in tort law that a manufacturer has a duty to warn the user of the risks involved with using a product.  Under the learned intermediary doctrine, a drug manufacturer is relieved of the duty to warn each patient who receives a prescription when the manufacturer properly informs the prescribing physician of the product’s dangers.  CHI has been actively opposing this legislation, highlighting the doctor-patient relationship and our belief that patients should rely on their physicians’ judgment in choosing an appropriate medicine.  Without the judicial doctrine, patients would have to review complex, highly technical warnings from manufacturers who would have to communicate with patient directly on the risk of their products.  For more information, contact Sandra Pizarro, CHI vice president-state government affairs (916-233-3497 or pizarro@chi.org.)

Chemical Exposure Legislation Moves to Appropriations Committee
On Wednesday, April 30, the Assembly Appropriations Committee will hold a hearing on AB 1879, authored by Assemblyman Mike Feuer (D-Los Angeles), legislation that would authorize the Department of Toxic Substances Control to regulate the sale of products containing specified “chemicals of concern” or restrict the sale or use of those products to prevent the exposure of individuals or the environment to the specified chemicals.  CHI has been in contact with legislators, explaining that the restriction of certain chemicals used by medical device and pharmaceutical manufacturers could disrupt production and reduce patients’ access to important medical technologies.  CHI believes that passage of AB 1879, and similar bills dealing with chemical exposure, are premature as the California Environmental Protection Agency works toward completing its Green Chemistry Initiative.  CHI has a meeting schedule with the director from the Department of Toxic Substances Control on Wednesday, May 7, and is currently in the process of establishing a working group of industry experts that will establish core principles to ensure that the specific needs of the biomedical community are included.  For more information or to participate please contact Sandra Pizarro, CHI vice president-state government affairs (916-233-3497 or pizarro@chi.org.)

State Budget Gap Continues to Rise; Republicans Release Budget Cutting Measures
Gov. Arnold Schwarzenegger announced on Thursday that the state budget deficit will likely exceed $10 billion in the next fiscal year as the state continues to experience a revenue shortfall in a struggling economy.  The estimate is at least $1 billion more than previously predicted for the upcoming fiscal year that begins on July 1.  At a press conference in Sacramento the governor blamed budget formulas that lock in spending increases and an economic downturn caused by the housing market crisis.  He is expected to release his revised budget proposal on May 14 that includes updated tax revenue numbers.  Republican leaders also released their plan for dealing with the budget crisis on Thursday, unveiling a proposal that would delay funding for new education programs, use unspent cash from existing school accounts, shift more money from public transit and cut other state programs.  The plan was met with a quick response from Democrats who chastised Republicans for implementing additional cuts to programs already slated for a 20 percent cut under the governor’s current budget.