BILL NUMBER: AB 1071 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 27, 2009
An act to amend Sections 4110, 4127.8, 4160, and 4400 of, and to
repeal Section 4127.5 of, the Business and Professions Code, relating
to pharmacy, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1071, as introduced, Emmerson. Pharmacy: fees.
Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacies, pharmacists, pharmacy technicians,
wholesalers of dangerous drugs or devices, and others by the
California State Board of Pharmacy. Existing law imposes fees on
these persons and pharmacies for, among other things, application,
examination, licensure, and licensure renewal. Under existing law,
these fees are fixed by the board based on a fee schedule that sets
forth the minimum and maximum fees.
This bill would increase the minimum and maximum fees in that
schedule and would make other conforming changes. Because the bill
would increase fees that would be deposited into the Pharmacy Board
Contingent Fund, which is continuously appropriated, the bill would
make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4110 of the Business and Professions Code is
amended to read:
4110. (a) No person shall conduct a pharmacy in the State of
California unless he or she has obtained a license from the board. A
license shall be required for each pharmacy owned or operated by a
specific person. A separate license shall be required for each of the
premises of any person operating a pharmacy in more than one
location. The license shall be renewed annually. The board may, by
regulation, determine the circumstances under which a license may be
transferred.
(b) The board may, at its discretion, issue a temporary permit,
when the ownership of a pharmacy is transferred from one person to
another, upon the conditions and for any periods of time as the board
determines to be in the public interest. A temporary permit fee
shall be required in an amount established by the board
at an amount not to exceed the annual fee for renewal of a
permit to conduct a pharmacy as specified in
subdivision (a) of Section 4400 . When needed to protect public
safety, a temporary permit may be issued for a period not to exceed
180 days, and may be issued subject to terms and conditions the board
deems necessary. If the board determines a temporary permit was
issued by mistake or denies the application for a permanent license
or registration, the temporary license or registration shall
terminate upon either personal service of the notice of termination
upon the permitholder or service by certified mail, return receipt
requested, at the permitholder's address of record with the board,
whichever comes first. Neither for purposes of retaining a temporary
permit nor for purposes of any disciplinary or license denial
proceeding before the board shall the temporary permitholder be
deemed to have a vested property right or interest in the permit.
SEC. 2. Section 4127.5 of the Business and Professions Code is
repealed.
4127.5. The fee for the issuance of a nongovernmental license, or
renewal of a license, to compound sterile drug products shall be
five hundred dollars ($500) and may be increased to six hundred
dollars ($600).
SEC. 3. Section 4127.8 of the Business and Professions Code is
amended to read:
4127.8. The board may, at its discretion, issue a temporary
license to compound injectable sterile drug products, when the
ownership of a pharmacy that is licensed to compound injectable
sterile drug products is transferred from one person to another, upon
the conditions and for any periods of time as the board determines
to be in the public interest. A temporary license fee shall be
five hundred dollars ($500) or another
required in an amount established by the board not to
exceed the annual fee for renewal of a license to compound injectable
sterile drug products as specified in subdivision (u)
of Section 4400 . When needed to protect public safety, a
temporary license may be issued for a period not to exceed 180 days,
and may be issued subject to terms and conditions the board deems
necessary. If the board determines a temporary license was issued by
mistake or denies the application for a permanent license, the
temporary license shall terminate upon either personal service of the
notice of termination upon the licenseholder or service by certified
mail, return receipt requested at the licenseholder's address of
record with the board, whichever comes first. Neither for purposes of
retaining a temporary license nor for purposes of any disciplinary
or license denial proceeding before the board shall the temporary
licenseholder be deemed to have a vested property right or interest
in the license.
SEC. 4. Section 4160 of the Business and Professions Code is
amended to read:
4160. (a) A person may not act as a wholesaler of any dangerous
drug or dangerous device unless he or she has obtained a license from
the board.
(b) Upon approval by the board and the payment of the required
fee, the board shall issue a license to the applicant.
(c) A separate license shall be required for each place of
business owned or operated by a wholesaler. Each license shall be
renewed annually and shall not be transferable.
(d) The board shall not issue or renew a wholesaler license until
the wholesaler identifies a designated representative-in-charge and
notifies the board in writing of the identity and license number of
that designated representative. The designated
representative-in-charge shall be responsible for the wholesaler's
compliance with state and federal laws governing wholesalers. A
wholesaler shall identify and notify the board of a new designated
representative-in-charge within 30 days of the date that the prior
designated representative-in-charge ceases to be the designated
representative-in-charge. A pharmacist may be identified as the
designated representative-in-charge.
(e) A drug manufacturer premises licensed by the Food and Drug
Administration or licensed pursuant to Section 111615 of the Health
and Safety Code that only distributes dangerous drugs and dangerous
devices of its own manufacture is exempt from this section and
Section 4161.
(f) The board may issue a temporary license, upon conditions and
for periods of time as the board determines to be in the public
interest. A temporary license fee shall be five hundred
fifty dollars ($550) or another amount required in an
amount established by the board not to exceed the
annual fee for renewal of a license to compound injectable sterile
drug products as specified in subdivision (f) of
Section 4400 . When needed to protect public safety, a
temporary license may be issued for a period not to exceed 180 days,
subject to terms and conditions that the board deems necessary. If
the board determines that a temporary license was issued by mistake
or denies the application for a permanent license, the temporary
license shall terminate upon either personal service of the notice of
termination upon the licenseholder or service by certified mail,
return receipt requested, at the licenseholder's address of record
with the board, whichever occurs first. Neither for purposes of
retaining a temporary license, nor for purposes of any disciplinary
or license denial proceeding before the board, shall the temporary
licenseholder be deemed to have a vested property right or interest
in the license.
(g) This section shall become operative on January 1, 2006.
SEC. 5. Section 4400 of the Business and Professions Code is
amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided , is that fixed by
the board according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be
three hundred forty dollars ($340) and may be increased to
four hundred dollars ($400) and may be increased to
five hundred twenty dollars ($520). The fee for the issuance of a
temporary nongovernmental pharmacy permit shall be two hundred fifty
dollars ($250) and may be increased to three hundred
twenty-five dollars ($325) .
(b) The fee for a nongovernmental pharmacy license
annual renewal shall be one hundred seventy-five dollars
($175) and may be increased to two hundred fifty dollars
($250) and may be increased to three hundred twenty-
five dollars ($325) .
(c) The fee for the pharmacist application and examination shall
be one hundred fifty-five dollars ($155) and may be
increased to one hundred eighty-five dollars ($185)
two hundred dollars ($200) and may be increased to two hundred sixty
dollars ($260) .
(d) The fee for regrading an examination shall be
seventy-five dollars ($75) and may be increased to eighty-five
dollars ($85) ninety dollars ($90) and may be increased
to one hundred fifteen dollars ($115) . If an error in grading
is found and the applicant passes the examination, the regrading fee
shall be refunded.
(e) The fee for a pharmacist license and biennial renewal shall be
one hundred fifteen dollars ($115) and may be increased to
one hundred fifty dollars ($150) and may be increased
to one hundred ninety- five dollars ($195) .
(f) The fee for a nongovernmental wholesaler license and annual
renewal shall be five hundred fifty dollars ($550) and may
be increased to six hundred dollars ($600), except
as provided in subdivision (j) and may be increased
to seven hundred eighty dollars ($780). The application fee for any
additional location after licensure of the first 20 locations shall
be two hundred twenty-five dollars ($225) and may be increased to
three hundred dollars ($300). A temporary license fee shall be five
hundred fifty dollars ($550) and may be increased to seven hundred
fifteen dollars ($715) .
(g) The fee for a hypodermic license and renewal shall be
ninety dollars ($90) and may be increased to one hundred
twenty-five dollars ($125) and may be increased to one hundred
sixty- five dollars ($165) .
(h) (1) The fee for application, investigation, and issuance of
license as a designated representative pursuant to Section 4053 shall
be one hundred eighty-five dollars ($185) and may be
increased to two hundred fifty dollars ($250). If the applicant is
not issued a license as a designated representative, the board shall
refund one hundred ten dollars ($110) of the fee two
hundred fifty- five dollars ($255) and may be increased to
three hundred thirty dollars ($330) .
(2) The fee for the annual renewal of a license as a designated
representative shall be one hundred ten dollars ($110) and
may be increased to one hundred fifty dollars ($150)
and may be increased to one hundred ninety- five
dollars ($195) .
(i) (1) The fee for the application, investigation, and issuance
of a license as a designated representative for a veterinary
food-animal drug retailer pursuant to Section 4053 shall be
two hundred fifty dollars ($250). If the applicant is not issued a
license as a designated representative, the board shall refund one
hundred fifty dollars ($150) of the fee two hundred
fifty- five dollars ($255) and may be increased to three
hundred thirty dollars ($330) .
(2) The fee for the annual renewal of a license as a designated
representative for a veterinary food-animal drug retailer shall be
one hundred ten dollars ($110) one hundred
fifty dollars ($150) and may be increased to one hundred ninety-
five dollars ($195) .
(j) (1) The application fee for a nonresident wholesaler's license
issued pursuant to Section 4161 shall be five hundred fifty
dollars ($550) and may be increased to six hundred dollars
($600) and may be increased to seven hundred eighty dollars
($780) .
(2) For nonresident wholesalers who have 21 or more
wholesaler facilities operating nationwide the application
fees for the first 20 locations shall be five hundred fifty
dollars ($550) and may be increased to six hundred dollars
($600) and may be increased to seven hundred eighty dollars
($780) . The application fee for any additional location after
licensure of the first 20 locations shall be two hundred twenty-five
dollars ($225) and may be increased to three hundred dollars ($300).
A temporary license fee shall be five hundred fifty dollars
($550) and may be increased to seven hundred fifteen dollars ($715).
(3) The annual renewal fee for a nonresident wholesaler's license
issued pursuant to Section 4161 shall be five hundred fifty
dollars ($550) and may be increased to six hundred dollars
($600) and may be increased to seven hundred eighty dollars
($780) .
(k) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
(l) The fee for an intern pharmacist license shall be
sixty-five dollars ($65) and may be increased to seventy-five dollars
($75) ninety dollars ($90) and may be increased to
one hundred fifteen dollars ($115) . The fee for transfer of
intern hours or verification of licensure to another state shall be
fixed by the board not to exceed twenty dollars ($20)
twenty- five dollars ($25) and may be
increased to thirty dollars ($30) .
(m) The board may waive or refund the additional fee for the
issuance of a certificate license where
the certificate license is issued less
than 45 days before the next regular renewal date.
(n) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change
is thirty dollars ($30) shall be thirty-five
dollars ($35) and may be increased to forty- five dollars
($45) .
(o) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information,
is sixty dollars ($60) and may be increased to
shall be one hundred dollars ($100) and may be
increased to one hundred thirty dollars ($130) .
(p) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to approximately one year'
s operating expenditures.
(q) The fee for any applicant for a nongovernmental clinic
permit is three hundred forty dollars ($340) and may be
increased to license shall be four
hundred dollars ($400) and may be increased to five hundred
twenty dollars ($520) for each permit
license . The annual fee for renewal of the permit is
one hundred seventy-five dollars ($175) and may be increased to
license sh all be two hundred fifty
dollars ($250) and may be increased to three hundred twenty-
five dollars ($325) for each permit
license .
(r) The board shall charge a fee for the processing and
issuance of a license to a pharmacy technician and a separate fee for
the biennial renewal of the license. The license fee shall be
twenty-five dollars ($25) and may be increased to fifty dollars
($50). The biennial renewal fee shall be twenty-five dollars ($25)
and may be increased to fifty dollars ($50). The
fee for the issuance of a pharmacy technician license shall be
eighty dollars ($80) and may be increased to one hundred five dollars
($105). The fee for renewal of a pharmacy technician license shall
be one hundred dollars ($100) and may be increased to one hundred
thirty dollars ($130).
(s) The fee for a veterinary food-animal drug retailer license
shall be four hundred dollars ($400) four
hundred five dollars ($405) and may be increased to four hundred
twenty- five dollars ($425) . The annual renewal fee
for a veterinary food-animal drug retailer license shall
be two hundred fifty dollars ($250) and may be increased to
three hundred twenty- five dollars ($325) .
(t) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty dollars ($30)
thirty-five dollars ($35) and may be increased to forty-
five dollars ($45) .
(u) The fee for issuance or renewal of a nongovernmental
license to compound sterile drug products shall be six hundred
dollars ($600) and may be increased to seven hundred eighty dollars
($780). The fee for a temporary license shall be five hundred fifty
dollars ($550) and may be increased to seven hundred fifteen dollars
($715).