BILL NUMBER: AB 1071 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2009
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 27, 2009
An act to amend Sections 4110, 4127.8, 4160, and 4400 of,
and to An act to amend Sections 2001, 2020, 2460,
2701, 2708, 3010.5, 3014.6, 3685, 3710, 4001, 4003, 4110, 4127.8,
4160, 4400, and 5810 of, to add and repeal Section 3686 of, and to
repeal Section 4127.5 of, the Business and Professions Code,
relating to pharmacy professions and
vocations , and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1071, as amended, Emmerson. Pharmacy: fees.
Professions and vocations.
(1) Existing law provides for the licensure and regulation of
various healing arts licensees by various boards within the
Department of Consumer Affairs, including, but not limited to, the
Medical Board of California, the California Board of Podiatric
Medicine, the Board of Registered Nursing, the State Board of
Optometry, the Respiratory Care Board of California, and the
California State Board of Pharmacy. Existing law requires or
authorizes these boards, with the exception of the California Board
of Podiatric Medicine, to appoint an executive director or officer.
Under existing law, these provisions will become inoperative on July
1, 2010, and will be repealed on January 1, 2011.
Under this bill, these provisions would become inoperative and be
repealed on January 1, 2013. The bill would also make nonsubstantive
changes to similar provisions of the Naturopathic Doctors Act.
Existing
(2) 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.
(3) Existing law provides for the certification of interior
designers, and repeals these provisions on January 1, 2010.
This bill would instead repeal these provisions on January 1,
2013.
(4) This bill would incorporate additional changes in Section 4110
of the Business and Professions Code proposed by SB 819, to be
operative if SB 819 and this bill become effective on or before
January 1, 2010, and this bill is chaptered last.
(5) This bill would incorporate additional changes in Section 4160
of the Business and Professions Code proposed by SB 821, to be
operative if SB 821 and this bill become effective on or before
January 1, 2010, and this bill is chaptered last.
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 2001 of the Business
and Professions Code is amended to read:
2001. (a) There is in the Department of Consumer Affairs a
Medical Board of California that consists of 15 members, seven of
whom shall be public members.
(b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, five of whom shall be public members.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur:
(1) Two positions on the board that are public members having a
term that expires on June 1, 2010, shall terminate instead on January
1, 2008.
(2) Two positions on the board that are not public members having
a term that expires on June 1, 2008, shall terminate instead on
August 1, 2008.
(3) Two positions on the board that are not public members having
a term that expires on June 1, 2011, shall terminate instead on
January 1, 2008.
(d) This section shall become inoperative on July 1,
2010, and, as of January 1, 2011, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2011,
deletes or extends the dates on which it becomes inoperative and is
repealed. This section shall remain in effect only
until January 1, 2013, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1, 2013,
deletes or extends that date. The repeal of this section
renders the board subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 2. Section 2020 of the Business
and Professions Code is amended to read:
2020. (a) The board may employ an executive
director exempt from the provisions of the Civil Service Act and may
also employ investigators, legal counsel, medical consultants, and
other assistance as it may deem necessary to carry into effect this
chapter. The board may fix the compensation to be paid for services
subject to the provisions of applicable state laws and regulations
and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.
The
(b) The Attorney General shall
act as legal counsel for the board for any judicial and
administrative proceedings and his or her services shall be a charge
against it. This section shall become inoperative on July 1,
2010, and, as of January 1, 2011, is repealed, unless a later
enacted statute, which becomes effective on or before January 1,
2011, deletes or extends the dates on which it becomes inoperative
and is repealed.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 3. Section 2460 of the Business
and Professions Code is amended to read:
2460. (a) There is created within the
jurisdiction of the Medical Board of California and its
divisions the California Board of Podiatric Medicine.
This section shall become inoperative on July 1, 2010, and,
as of January 1, 2011, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
(b) This section shall remain in effect
only until January 1, 2013, and as of that date is repealed, unless
a later enacted statute, that is enacted before January 1, 2013,
deletes or extends that date. The repeal of this section
renders the California Board of Podiatric Medicine subject to the
review required by Division 1.2 (commencing with Section 473).
SEC. 4. Section 2701 of the Business
and Professions Code is amended to read:
2701. (a) There is in the Department of
Consumer Affairs the Board of Registered Nursing consisting of nine
members.
Within
(b) Within the meaning of this
chapter, board, or the board, refers to the Board of Registered
Nursing. Any reference in state law to the Board of Nurse Examiners
of the State of California or California Board of Nursing Education
and Nurse Registration shall be construed to refer to the Board of
Registered Nursing.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
(c) This section shall remain in effect
only until January 1, 2013, and as of that date is repealed, unless
a later enacted statute, that is enacted before January 1, 2013,
deletes or extends that date. The repeal of this section
renders the board subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 5. Section 2708 of the Business
and Professions Code is amended to read:
2708. (a) The board shall appoint an
executive officer who shall perform the duties delegated by the board
and who shall be responsible to it for the accomplishment of those
duties.
The
(b) The executive officer shall
be a nurse currently licensed under this chapter and shall possess
other qualifications as determined by the board.
The
(c) The executive officer shall
not be a member of the board.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
(d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 6. Section 3010.5 of the Business
and Professions Code is amended to read:
3010.5. (a) There is in the Department of Consumer Affairs a
State Board of Optometry in which the enforcement of this chapter is
vested. The board consists of 11 members, five of whom shall be
public members.
Six members of the board shall constitute a quorum.
(b) The board shall, with respect to conducting investigations,
inquiries, and disciplinary actions and proceedings, have the
authority previously vested in the board as created pursuant to
Section 3010. The board may enforce any disciplinary actions
undertaken by that board.
(c) This section shall remain in effect only until July 1, 2010,
and, as of January 1, 2011, is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
SEC. 7. Section 3014.6 of the Business
and Professions Code is amended to read:
3014.6. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter.
(b) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 8. Section 3685 of the Business
and Professions Code , as amended by Section 38 of Chapter
18 of the Fourth Extraordinary Session of the Statutes of 2009, is
amended to read:
3685. (a) The provisions of Article 8 (commencing with Section
3680) shall become operative on January 1, 2004, but the remaining
provisions of this chapter shall become operative on July 1, 2004. It
is the intent of the Legislature that the initial implementation of
this chapter be administered by fees collected in advance from
applicants. Therefore, the committee shall have the power and
authority to establish fees and receive applications for licensure or
intents to file application statements on and after January 1, 2004.
The department shall certify that sufficient funds are available
prior to implementing this chapter. Funds from the General Fund may
not be used for the purpose of implementing this chapter.
(b) This chapter shall become inoperative on January 1, 2013, and,
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2013, deletes or extends that date. The
3685. (a) The repeal
of this chapter renders the committee subject to the review required
by Division 1.2 (commencing with Section 473).
(c)
(b) The committee shall prepare the report required by
Section 473.2 no later than September 1, 2010.
SEC. 9. Section 3686 is added to the
Business and Professions Code , to read:
3686. This chapter shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 10. Section 3710 of the Business
and Professions Code is amended to read:
3710. (a) The Respiratory Care Board of
California, hereafter referred to as the board, shall enforce and
administer this chapter.
This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed.
The
(b) This section shall remain in effect
only until January 1, 2013, and as of that date is repealed, unless
a later enacted statute, that is enacted before January 1, 2013,
deletes or extends that date. The repeal of this section
renders the board subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 11. Section 4001 of the Business
and Professions Code is amended to read:
4001. (a) There is in the Department of Consumer Affairs a
California State Board of Pharmacy in which the administration and
enforcement of this chapter is vested. The board consists of 13
members.
(b) The Governor shall appoint seven competent pharmacists who
reside in different parts of the state to serve as members of the
board. The Governor shall appoint four public members, and the Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint a public member who shall not be a licensee of the board, any
other board under this division, or any board referred to in Section
1000 or 3600.
(c) At least five of the seven pharmacist appointees to the board
shall be pharmacists who are actively engaged in the practice of
pharmacy. Additionally, the membership of the board shall include at
least one pharmacist representative from each of the following
practice settings: an acute care hospital, an independent community
pharmacy, a chain community pharmacy, and a long-term health care or
skilled nursing facility. The pharmacist appointees shall also
include a pharmacist who is a member of a labor union that represents
pharmacists. For the purposes of this subdivision, a "chain
community pharmacy" means a chain of 75 or more stores in California
under the same ownership, and an "independent community pharmacy"
means a pharmacy owned by a person or entity who owns no more than
four pharmacies in California.
(d) Members of the board shall be appointed for a term of four
years. No person shall serve as a member of the board for more than
two consecutive terms. Each member shall hold office until the
appointment and qualification of his or her successor or until one
year shall have elapsed since the expiration of the term for which
the member was appointed, whichever first occurs. Vacancies occurring
shall be filled by appointment for the unexpired term.
(e) Each member of the board shall receive a per diem and expenses
as provided in Section 103.
(f) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2010, and, as of January
1, 2011, is repealed, unless a later enacted statute, that becomes
effective on or before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed.
remain in effect only until January 1, 2013, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013, deletes or extends that date. The repeal of
this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
SEC. 12. Section 4003 of the Business
and Professions Code is amended to read:
4003. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter. The executive officer may
or may not be a member of the board as the board may determine.
(b) The executive officer shall receive the compensation as
established by the board with the approval of the Director of
Finance. The executive officer shall also be entitled to travel and
other expenses necessary in the performance of his or her duties.
(c) The executive officer shall maintain and update in a timely
fashion records containing the names, titles, qualifications, and
places of business of all persons subject to this chapter.
(d) The executive officer shall give receipts for all money
received by him or her and pay it to the Department of Consumer
Affairs, taking its receipt therefor. Besides the duties required by
this chapter, the executive officer shall perform other duties
pertaining to the office as may be required of him or her by the
board.
(e) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2010, and, as of January
1, 2011, is repealed, unless a later enacted statute, that becomes
effective on or before January 1, 2011, deletes or extends the dates
on which it becomes inoperative and is repealed.
remain in effect only until January 1, 2013, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2013, deletes or extends that date.
SECTION 1. SEC. 13. 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 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. 13.5. 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.
(c) The board may allow the temporary use of a mobile pharmacy
when a pharmacy is destroyed or damaged, the mobile pharmacy is
necessary to protect the health and safety of the public, and the
following conditions are met:
(1) The mobile pharmacy shall provide services only on or
immediately contiguous to the site of the damaged or destroyed
pharmacy.
(2) The mobile pharmacy is under the control and management of the
pharmacist-in-charge of the pharmacy that was destroyed or damaged.
(3) A licensed pharmacist is on the premises while drugs are being
dispensed.
(4) Reasonable security measures are taken to safeguard the drug
supply maintained in the mobile pharmacy.
(5) The pharmacy operating the mobile pharmacy provides the board
with records of the destruction of, or damage to, the pharmacy and an
expected restoration date.
(6) Within three calendar days of restoration of the pharmacy
services, the board is provided with notice of the restoration of the
permanent pharmacy.
(7) The mobile pharmacy is not operated for more than 48 hours
following the restoration of the permanent pharmacy.
SEC. 2. SEC. 14. Section 4127.5 of
the Business and Professions Code is repealed.
SEC. 3. SEC. 15. 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
required in an amount established by the board 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. SEC. 16. 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 required in an amount
established by the board 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. 16.5. 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.
Every wholesaler shall be supervised or
managed by a designated representative-in-charge. 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 As part of its initial application for a license,
and for each renewal, each wholesaler shall, on a form designed by
the board, provide identifying information and the California license
number for a designated representative or pharmacist proposed to
serve as the designated representative-in-charge. A
pharmacist may be identified as the designated
representative-in-charge. The proposed
designated representative-in-charge
shall be subject to approval by the board. The board shall not issue
or renew a wholesaler license without identification of an approved
designated representative-in-charge for the wholesaler.
(e) Every wholesaler shall notify the board in writing, on a form
designed by the board, within 30 days of the date when a designated
representative-in-charge ceases to act as the designated
representative-in-charge, and shall on the same form propose another
designated representative or pharmacist to take over as the
designated representative-in-charge. The proposed replacement
designated representative-in-charge shall be subject to approval by
the board. If disapproved, the wholesaler shall propose another
replacement within 15 days of the date of disapproval, and shall
continue to name proposed replacements until a designated
representative-in-charge is approved by the board.
(e)
(f) 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)
(g) 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 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. SEC. 17. 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 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 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 two hundred dollars ($200) and may be increased to two hundred
sixty dollars ($260).
(d) The fee for regrading an examination shall be 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 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 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).
(g) The fee for a hypodermic license and renewal shall be 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 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 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-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 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 six hundred dollars ($600)
and may be increased to seven hundred eighty dollars ($780).
(2) For nonresident wholesalers who have 21 or more facilities
operating nationwide the application fees for the first 20 locations
shall be 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 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 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 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 license where the 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
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, 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 license
shall be four hundred dollars ($400) and may be increased to five
hundred twenty dollars ($520) for each license. The annual fee for
renewal of the license shall be two hundred fifty dollars ($250) and
may be increased to three hundred twenty-five dollars ($325) for each
license.
(r) 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 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-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).
SEC. 18. Section 5810 of the Business
and Professions Code is amended to read:
5810. (a) This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
(b) This chapter shall remain in effect only until January 1,
2010 2013 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2010 2013 , deletes or
extends that date.
SEC. 19. Section 13.5 of this bill incorporates
amendments to Section 4110 of the Business and Professions Code
proposed by this bill and SB 819. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2010, (2) each bill amends Section 4110 of the Business and
Profession Code, and (3) this bill is enacted after SB 819, in which
case Section 4110 of the Business and Professions Code, as amended by
SB 819, shall remain operative only until the operative date of this
bill, at which time Section 13.5 of this bill shall become
operative, and Section 13 of this bill shall not become operative.
SEC. 20. Section 16.5 of this bill incorporates
amendments to Section 4160 of the Business and Professions Code
proposed by both this bill and SB 821. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2010, (2) each bill amends Section 4160 of the Business
and Professions Code, and (3) this bill is enacted after SB 821, in
which case Section 16 of this bill shall not become operative.