BILL ANALYSIS
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|Hearing Date:June 28, 2010 |Bill No:AB |
| |2104 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: AB 2104Author:Hayashi
As Amended:June 24, 2010 Fiscal: Yes
SUBJECT: California State Board of Pharmacy.
SUMMARY: Authorizes the Board of Pharmacy, with the approval of the
Department of Consumer Affairs, to appoint the Executive Officer of
the Board.
NOTE : This measure failed passage in this Committee on June 21, 2010,
by a vote of 0-3, and
was granted reconsideration. It is before this Committee today for
Reconsideration and "Vote Only."
Recent amendments delete the provision which required the Board of
Pharmacy to receive the Department of Consumer Affair's approval prior
to sponsoring, supporting, or opposing any legislation, including
legislation previously approved that underwent any substantive
amendments, and deletes the provision which authorized the Governor,
rather than the Board, to appoint the Executive Officer. The bill as
amended continues to authorize the Board, with the approval of the
Department , to appoint the Executive Officer. Several other boards
currently have this requirement.
Existing law, the Business and Professions Code:
1) Establishes Department of Consumer Affairs (Department) within the
State and Consumer Services Agency, and provides that the
Department is under the control of the Director of the Department
who is appointed by the Governor, subject to Senate confirmation.
2) Provides that the Department consists of 40 boards and bureaus that
have been created by law to license and regulate members of various
professions and vocations.
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3) Provides that functions of the boards includes the appointment of
an Executive Officer (EO), setting standards, holding meetings, and
setting dates thereof, preparing and conducting examinations,
passing upon applicants, conducting investigations of violations of
laws under its jurisdiction, issuing citations and holding hearings
of revocation of licenses, and the imposing of penalties following
these hearings, insofar as these powers are given by statute to
each respective board.
4) Provides for the practice of pharmacy and the licensing and
regulation of pharmacies and pharmacists by the Board of Pharmacy
(Board).
5) Authorizes the Board to appoint a person exempt from civil service
as EO. Clarifies that the EO shall exercise the powers and perform
the duties delegated by the Board and vested in him or her.
Authorizes the Board to determine if the EO may or may not be a
member of the Board.
6) Authorizes the following boards and commission to appoint an EO,
subject to Director (Department) approva l:
a) Acupuncture Board.
b) Athletic Commission.
c) Board on Barbering and Cosmetology.
d) Contractors' State Licensing Board.
e) Dental Board of California.
This bill: Authorizes the Board, with approval of the Department, to
appoint the EO.
FISCAL EFFECT: Unknown.
COMMENTS:
1. Purpose. The Author is the Sponsor of this bill. The Author
wishes to ensure that the Board is assured of choosing the best
possible management of its functions, responsibilities, programs
and board governance. By allowing both the Board and Director of
the Department to choose an Executive Officer this will ensure
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that the best qualified individual will be chosen to serve the
Board.
2. Role of Executive Officers of Boards. According to the DCA's
Board Member Procedures Manual, "The EO is appointed by and
serves at the pleasure of the board, and is exempt from civil
service. The EO shall exercise the powers and perform the duties
delegated by the board and vested in him or her. The EO is
responsible for the financial operations and integrity of the
board, and is the official custodian of records. Board members
should be concerned primarily with formulating decisions on board
policies rather than decisions concerning the means for carrying
out a specific course of action. It is inappropriate for board
members to become involved in the details of program delivery.
Strategies for the day-to-day management of programs and staff
shall be the responsibility of the executive officer."
SUPPORT AND OPPOSITION: (As Amended June 24, 2010)
Support: None on file as of June 24, 2010.
Opposition: Board of Pharmacy
Consultant:Bill Gage