BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1071
                                                                  Page  1

          Date of Hearing:  May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

               AB 1071 (Emmerson) - As Introduced:  February 27, 2009 

          Policy Committee:                              Business &  
          Professions  Vote: 11-0

          Urgency:     No                   State Mandated Local Program:   
           No    Reimbursable:              

           SUMMARY  
           
          This bill increases the minimum and maximum fees the California  
          State Board of Pharmacy (Board) may charge under its license and  
          fee schedule. This bill also establishes a cap of up to 30%  
          growth in licensure fees in future years.  
           
          FISCAL EFFECT  

          Annual increased fee-supported special fund revenue to the Board  
          of $614,000 to $1.8 million. This bill establishes new minimums  
          and maximums for the licensure-related fees charged by the  
          Board. As a result of these changes, the range of the Board's  
          fee-supported revenues will increase from $586,000 to $1.7  
          million (current law) to $1.2 million to $3.5 million (AB 1071).  
           The Board regulates 112,000 licensees and adds approximately  
          4,500 licensees per year. Fee revenues are used to support a  
          range of oversight activities. 

          This bill increases fees charged to various licensees of the  
          Board. For example, the current Pharmacist license application  
          fee is $115 to $150. This bill increases this fee to $150 to  
          $195. Under current law, the initial application fee for a  
          pharmacy is $340 to $400. This bill increases the pharmacy fee  
          to $400 to $520. 

           COMMENTS  

           1)Rationale  . This bill is sponsored by the Board to adjust  
            application and renewal fees to ensure that the Board is  
            funded to fulfill regulatory and enforcement functions. In  
            recent years, the number of Board licensees has increased 20%,  








                                                                  AB 1071
                                                                  Page  2

            but the Board's funding and staffing has remained flat. The  
            last time the fee schedule was significantly updated was 1987.  
            This bill overhauls the fee schedule to account for increased  
            workload and costs in the past two decades.   

           2)Background  . A recent independent fee audit of the Board was  
            conducted to determine the costs of processing applications  
            and license renewals.  The audit found expenditures exceed  
            revenues and that the Board's contingent fund has been  
            reduced.  In addition, auditors concluded the current fee  
            structure is insufficient to maintain 12 months of reserve  
            required by state law.  In the absence of this bill, the  
            Boards contingent fund will be reduced to an eight-month  
            reserve by the end of fiscal year 2009-10 and will be only a  
            one-month reserve by the end of fiscal year 2011-12.
           
          Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081