BILL ANALYSIS
AB 2104
Page 1
ASSEMBLY THIRD READING
AB 2104 (Hayashi)
As Amended May 28, 2010
Majority vote
BUSINESS & PROFESSIONS 7-4 APPROPRIATIONS 11-6
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|Fuentes, Ammiano, |
| |Hill, Ma, Nava, Ruskin | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, Monning, Ruskin, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Emmerson, Conway, Niello, |Nays:|Conway, Harkey, Miller, |
| |Smyth | |Nielsen, Norby, Skinner |
| | | | |
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SUMMARY : Permits the Governor to appoint a person exempt from
civil service as the Board of Pharmacy's (BOP) executive officer
(EO), and requires BOP to submit and receive prior approval from
the Department of Consumer Affairs (DCA) for all state
legislation BOP seeks to sponsor, support, or oppose.
Specifically, this bill :
1)Permits the Governor, rather than the BOP, to appoint a person
exempt from civil service as BOP's EO, who shall exercise the
powers and perform the duties delegated by BOP and vested in
him or her, as specified. The EO may or may not be a member
of BOP as the Governor may determine.
2)Requires BOP to submit to DCA and receive prior approval for
every piece of state legislation the board seeks to sponsor,
support, or oppose. Requires BOP to resubmit and receive
subsequent approval from DCA on the same legislation after any
substantive amendments.
EXISTING LAW :
1)Provides for the licensure and regulation of the practice of
pharmacy by BOP within the DCA.
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2)Provides that BOP is comprised of 13 members, 11 appointed by
the Governor, and one member each appointed by the Senate
Committee on Rules and the Speaker of the Assembly.
3)Authorizes BOP to appoint a person exempt from civil service
designated as the EO who performs the duties delegated by BOP.
Under existing law, EO may or may not be a member of BOP, as
determined by BOP.
4)Prohibits any board from submitting to the Legislature any
fiscal impact analyses relating to legislation pending before
the Legislature until the analysis has been submitted to the
Director of DCA for review and comment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct fiscal impact is created by this bill.
COMMENTS : According to the author's office, "I am concerned
about the relationship between BOP and the entities they are
supposed to regulate. BOP's mission is to 'protect and promote
the health and safety of Californians by pursuing the highest
quality of pharmacist's care and the appropriate use of
pharmaceuticals through education, communication, licensing,
legislation, regulation, and enforcement.' However, they have
sponsored several bills in the recent past that do not place the
consumer's interest first. We believe this bill will help BOP
renew its commitment to ordinary Californians."
Currently, BOP selects its own EO, and the Governor appoints DCA
bureau chiefs. All boards and bureaus are requested to submit
sponsored legislation for DCA review, but are not required to do
so. BOP has not submitted its legislative package in the past,
according to DCA.
This bill requires the Governor to appoint a person exempt from
civil service as BOP's EO, and requires BOP to submit and
receive prior approval from DCA for all state legislation BOP
seeks to sponsor, support, or oppose.
The California Nurses Association writes in support, "Recently,
BOP sponsored several bills that advantaged the pharmacy
industry without benefit to consumers, and there have been
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concerns of undue industry influence in the BOP. These actions
present a clear conflict of interest for the BOP with its
regulatory role and mission to protect the health and safety of
Californians. This bill will ensure a degree of professional
distance between the BOP and its managing administrative officer
by allowing the Governor to appoint the EO.
"Further, by requiring the DCA to review all legislation the BOP
wishes to sponsor, support, or oppose, the BOP will have a fresh
perspective on legislation impacting consumers and be better
insulated from undue influence peddling by the regulated
community."
California Retailers Association (CRA) writes in opposition, "AB
2104 proposes to enact provisions that would undermine and
impact BOP's independence from DCA. Specifically, the sections
that permit the Governor to appoint the BOP's EO and require the
BOP to obtain DCA approval on all board sponsored, supported or
opposed legislation and subsequent amendments would allow DCA to
manage the activities of the board. As such, AB 2104 represents
a significant departure from the widely accepted view that
healing arts boards be allowed to fulfill their missions without
interference from the political pressures exerted by the
Administration."
Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301
FN: 0004636