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                
           
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          |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
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            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
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          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 



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