BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2104| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2104 Author: Hayashi (D) Amended: 6/24/10 in Senate Vote: 21 SENATE BUSINESS, PROF. & ECON. DEVELOP. COM. : 0-3, 6/21/10 (FAIL) NOES: Aanestad, Correa, Walters NO VOTE RECORDED: Negrete McLeod, Wyland, Calderon, Florez, Oropeza, Yee SENATE BUSINESS, PROF. & ECON. DEVELOP. COM. : 7-0, 6/28/10 AYES: Negrete McLeod, Aanestad, Calderon, Corbett, Correa, Florez, Yee NO VOTE RECORDED: Wyland, Walters SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 44-29, 6/2/10 - See last page for vote SUBJECT : California State Board of Pharmacy SOURCE : Author DIGEST : This bill authorizes the Board of Pharmacy, with the approval of the Department of Consumer Affairs, to appoint the Executive Officer of the Board. ANALYSIS : Existing law: CONTINUED AB 2104 Page 2 1.Establishes Department of Consumer Affairs 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. 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) approval: 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. AB 2104 Page 3 Comments 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." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/3/10) California Labor Federation California Nurses Association OPPOSITION : (Verified 8/3/10) Board of Pharmacy California Retailers Association ASSEMBLY FLOOR : AYES: Ammiano, Bass, Beall, Block, Blumenfield, Bradford, Brownley, Caballero, Charles Calderon, Carter, Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill, Huffman, Jones, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Solorio, Swanson, Torlakson, Torres, Torrico, Yamada, John A. Perez NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Buchanan, Conway, Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller, Niello, Nielsen, Norby, Silva, AB 2104 Page 4 Skinner, Smyth, Tran, Villines NO VOTE RECORDED: Arambula, Tom Berryhill, Chesbro, Lieu, Nestande, Audra Strickland JA:nl 8/3/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****