BILL ANALYSIS Ó SB 431 Page 1 SENATE THIRD READING SB 431 (Emmerson) As Amended August 31, 2011 Majority vote SENATE VOTE :39-0 BUSINESS & PROFESSIONS 9-0 HEALTH 11-2 ----------------------------------------------------------------- |Ayes:|Hayashi, Bill Berryhill, |Ayes:|Monning, Atkins, Eng, | | |Allen, Butler, Eng, | |Hayashi, Mansoor, | | |Hagman, Hill, Ma, Smyth | |Mitchell, Nestande, Pan, | | | | |V. Manuel Pérez, Silva, | | | | |Smyth | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Ammiano, Roger Hernández | | | | | | ----------------------------------------------------------------- APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Fuentes, Harkey, | | | | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Expands existing reporting requirements to the Board of Pharmacy (Board) regarding employee theft of drugs, and prohibits a pharmacist whose license has been revoked from dispensing medication via mail. Specifically, this bill : 1)Changes, to 14 days from the current-law requirement of 30 days, the date by which pharmacies must report specified information to the Board regarding licensed employees' chemical, mental, or physical impairment that affects their SB 431 Page 2 ability to practice, and employee theft, diversion or self-use of dangerous drugs. 2)Requires the report required in 3) above, to include sufficient detail to inform the Board of the facts on which the report is based, including an estimate of the type and quantity of all dangerous drugs involved, the timeframe over which the losses are suspected, and the date of the last controlled substances inventory. Upon request of the Board, the pharmacy must prepare and submit an audit involving the dangerous drugs suspected to be missing. 3)Requires the owner, corporate officer, or manager of an entity licensed by the Board, when requested by an authorized officer of the law or by an authorized representative of the Board, to provide requested records of the acquisition and disposition of dangerous drugs and devices within three business days of the time the request is made. The entity may request in writing an extension for up to 14 calendar days, subject to Board approval. An extension is deemed approved if the Board fails to deny the request within two business days. 4)Prohibits a nonresident pharmacy from permitting a pharmacist whose license has been revoked by the Board to manufacture, compound, furnish, sell, dispense, or initiate the prescription of a dangerous drug or dangerous device, or to provide any pharmacy-related service, to a person residing in California. FISCAL EFFECT : According to Assembly Appropriations Committee, minor and absorbable costs to the Board for enforcement of this measure. COMMENTS : Health boards throughout Department of Consumer Affairs (DCA) have struggled to meet enforcement goals and streamline what have become extremely lengthy disciplinary processes. Health boards have been further hampered by mandatory furloughs, a state hiring freeze which limits boards' ability to hire staff, and loans to the state's General Fund. In response to press criticism and legislative review of public health and safety impacts of enforcement delays, then-Governor Schwarzenegger established a goal for all investigation cases to be completed within 12 to 18 months in 2009. DCA designed a new enforcement model for all boards to comply with this timeline. SB 431 Page 3 Compared to other boards, the Board is relatively timely in processing investigations. However, given a significant growth in the number of licensees that the board regulates, there is a related growth in investigations, the number of complaints received, and initial application investigations. The Board believes the provisions in this bill will allow for better enforcement, quicker outcomes in disciplinary cases, and an enhanced ability to fulfill its regulatory mission. Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916) 319-3301 FN: 0002400