BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2104
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2104 (Hayashi) - As Amended:  April 8, 2010 

          Policy Committee:                              Business &  
          Professions  Vote:                            7-4

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill modifies the governance of the California Board of  
          Pharmacy. These changes would mean the Board of Pharmacy would  
          be governed differently than all other healing arts boards under  
          the jurisdiction of the California Department of Consumer  
          Affairs. Specifically, this bill: 

          1)Requires the governor to appoint an executive officer of the  
            Board of Pharmacy and requires the executive officer to be  
            exempt from civil service classification. 

          2)Requires the Board of Pharmacy to receive prior approval from  
            the Department of Consumer Affairs for all state legislation  
            the Board supports, opposes, or sponsors. Requires such  
            approval to be reviewed each time a piece of legislation is  
            amended. 

          3)Requires the Board of Pharmacy members to disclose ex-parte  
            communication in specified formats and defines ex-parte  
            communication to include telephone calls, written  
            communication, electronic mail, and text messaging.

          4)Requires the promulgation of regulations regarding ex parte  
            communication and requires regulations to address sanctions  
            for non-compliance with ex parte requirements.  

           FISCAL EFFECT  

          Special Fund costs of $175,000 to $200,000 much of which would  
          consist of one-time costs for regulations, to the Board of  
          Pharmacy and the Department of Consumer Affairs to increase and  








                                                                  AB 2104
                                                                 Page  2

          modify oversight of communication policies. Costs include  
          promulgating regulations, increased feedback for legislative  
          communication, and significant staffing, documentation, and  
          storage related to ex-parte communication. 

           COMMENTS  

           1)Rationale  . This bill modifies the governance of the Board of  
            Pharmacy and codifies substantial requirements regarding ex  
            parte communication of the 13 board members. According to the  
            author there is reason to believe the Board of Pharmacy has  
            failed to place consumers' interests first when sponsoring  
            legislation. The author intends to reduce the authority of the  
            Board of Pharmacy by requiring specific decision making and  
            oversight authority to be folded into the Department of  
            Consumer Affairs. In addition, this bill requires the governor  
            to appoint the executive office of the Board. Under current  
            law the Board appoints the executive officer. 

           2)Background  . The Board of Pharmacy provides professional  
            oversight and consumer protections related to pharmacists and  
            pharmacy technicians. The Board provides guidance in areas  
            such as education, communication, licensing, legislation,  
            regulation, and enforcement. More than 35,000 pharmacists and  
            52,000 pharmacy technicians are under the Board's  
            jurisdiction. 

           3)Policy Direction Reduces Professional Oversight Uniformity  .  
            The approach proposed in this bill would mean the Board of  
            Pharmacy would be the only healing arts board with this kind  
            of governance and codified communication requirements. It  
            appears the pharmacy profession and related oversight as a  
            result of this bill may be at a disadvantage relative to other  
            healing arts boards. 
           
           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081