BILL NUMBER: AB 2104 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 18, 2010
An act to amend Section 4003 of, and to add Sections 4008.1 and
4008.2 to, the Business and Professions Code, relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2104, as amended, Hayashi. California State Board of Pharmacy.
Existing law, the Pharmacy Law, provides for the licensure and
regulation of the practice of pharmacy by the California State Board
of Pharmacy within the Department of Consumer Affairs. Under existing
law, the board is comprised of 13 members and the Governor appoints
11 of those members and one member each is appointed by the Senate
Committee on Rules and the Speaker of the Assembly. Existing law
authorizes the board to appoint a person exempt from civil service
designated as the executive officer who performs the duties delegated
by the board. Under existing law, the executive officer may or may
not be a member of the board, as determined by the board. Existing
law prohibits any board from submitting to the Legislature any fiscal
impact analysis relating to legislation pending before the
Legislature until the analysis has been submitted to the Director of
Consumer Affairs for review and comment.
This bill would instead authorize the Governor to appoint the
executive officer and would authorize the Governor to determine
whether the executive officer may or may not be a member of the
board. The bill would require the board to submit to the Department
of Consumer Affairs and receive prior approval for every piece of
state legislation the board seeks to sponsor, support, or oppose and
would require that same submittal and approval process after
subsequent substantive amendments to legislation. The bill would also
authorize require a board member,
acting in his or her official capacity, and engaging
who engages in an ex parte communication
, as defined, with a person with an interest, as
defined, in a matter before the board to disclose that communication
in a specified manners manner
. The bill would authorize require
the board to promulgate regulations providing requirements for
reporting ex parte communications and sanctions for noncompliance.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4003 of the Business and Professions Code is
amended to read:
4003. (a) The Governor 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 Governor 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 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. 2. Section 4008.1 is added to the Business and Professions
Code, to read:
4008.1. The board shall submit to the department and receive
prior approval for every piece of state legislation the board seeks
to sponsor, support, or oppose. The board shall resubmit and receive
subsequent approval from the department on the same legislation after
any substantive amendments.
SEC. 3. Section 4008.2 is added to the Business and Professions
Code, to read:
4008.2. (a) A board member who is acting in his or her official
capacity and who engages in an ex parte
communication with a person with an interest in a matter before the
board , may shall disclose that
communication in one of the following ways:
(1) The board member or the person discloses the communication
pursuant to this section and makes public the ex parte communication
by providing a full report of the communication to the executive
officer or, if the communication occurs within seven days of the next
board meeting or hearing, to the board on the record of the
proceeding of that meeting or hearing.
(2) When two or more board members receive substantially the same
written communication or receive the same oral communication from the
same party on the same matter, one of the board members fully
discloses the communication on behalf of the other board member or
members who received the communication and requests in writing that
it be placed in the board's official record of the proceeding.
(3) The executive officer shall place in the public record any
report of an ex parte communication.
(4) Communications shall cease to be ex parte communications when
fully disclosed and placed in the board's minutes pursuant to this
section.
(b) For purposes of this section, "ex parte communication" means
any oral or written communication between a board member and a person
with an interest in a matter before the board ,
concerning substantive , but not procedural
issues, that does not occur in a public hearing, workshop, or other
public proceeding, or on the official record of the proceeding on the
matter and falls into one of the following categories:
(1) The communication occurs in a meeting or other conference,
including telephone calls, that begins at a scheduled time.
(2) The communication is in writing, including electronic mail or
text messages.
(3) The communication occurs on calendar days when the board has a
scheduled meeting or hearing.
(4) The communication qualifies as an additional ex parte
communications communication , as may be
defined by the board by regulation.
(5) The communication is by or from any agent, officer, or
employee of a licensee or any agent, officer, or employee of any
civic, environmental, neighborhood, business, consumer, labor, trade,
or similar organization.
(c) "Person with an interest," for purposes of this section, means
any of the following:
(1) Any agent, officer, or employee of a licensee, or a person
receiving consideration for representing the licensee, or a
participant in the proceeding on any matter before the board who
intends to influence the decision of a board member on a matter
before the board.
(2) Any agent, officer, or employee of any civic, environmental,
neighborhood, business, consumer, labor, trade, or similar
organization who intends to influence the decision of a board member
on a matter before the board.
(3) Any person with a financial interest, as described in Article
1 (commencing with Section 87100) of Chapter 7 of Title 9 of the
Government Code, in a matter before the board, or an agent, officer,
or employee of the person with a financial interest, or a person
receiving consideration for representing the person with a financial
interest who intends to influence the decision of a board member on a
matter before the board.
(4) A consumer or licensee representing himself or herself who
intends to influence the decision of a board member on a matter
before the board.
(d) The board may shall promulgate
regulations providing requirements for reporting of ex parte
communications and appropriate sanctions for noncompliance with any
rule proscribing ex parte communications. The regulation shall
provide that reportable communications shall be reported by the board
member or person with an interest before the board, whether the
communication was initiated by the person or the board member, and
that the report shall include all of the following information:
(1) The date, time, and location of the communication, and whether
it was oral, written, or a combination.
(2) The identity of the recipient and the person initiating the
communication, as well as the identity of any persons present during
the communication.
(3) A brief description of the interested person's, but not the
board member's, communication and its content, to which shall be
attached a copy of any written material or text used during the
communication.
(e) Nothing in this section shall be construed to affect the
requirements of Sections 11425.10 and 11430.10 of the Government Code
regarding quasi-adjudicatory proceedings.