Amended in Assembly June 24, 2013

Amended in Senate May 28, 2013

Senate Bill No. 294

Introduced by Senator Emmerson

February 15, 2013

An act to amend the heading of Article 7.5 (commencing with Section 4127) of Chapter 9 of Division 2 of, and to amend, repeal, and add Sections 4127, 4127.1, 4127.2, and 4400 of, the Business and Professions Code, relating to pharmacy.

LEGISLATIVE COUNSEL’S DIGEST

SB 294, as amended, Emmerson. Sterile drug products.

(1) The Pharmacy Law provides for the licensure and regulation of pharmacists and pharmacy corporations in this state by the California State Board of Pharmacy. Existing law requires the board to adopt regulations establishing standards for compounding injectable sterile drug products in a pharmacy. Existing law requires pharmacies to obtain a license from the board, subject to annual renewal, in order to compound injectable sterile drug products. A similar licensing requirement applies to nonresident pharmacies compounding injectable sterile drug products for shipment into California. A violation of the Pharmacy Law is a crime.

This bill begin insert , commencing July 1, 2014, end insert would expand these provisions to prohibit a pharmacy from compounding or dispensing, and a nonresident pharmacy from compounding for shipment into this state, sterile drug products for injection, administration into the eye, or inhalation, unless the pharmacy has obtained a sterile compounding pharmacy license from the board. The bill begin insert , commencing July 1, 2014, end insert would specify requirements for the board for the issuance or renewal of a license, and requirements for the pharmacy as a licensee. begin insert The bill would require the board to adopt regulations to implement these provisions, as specified. end insert By adding additional requirements to the Pharmacy Law concerning sterile drug products, the violation of which is a crime, the bill would impose a state-mandated local program.

(2) Existing law specifies the fee for issuance or renewal of a nongovernmental license to compound sterile drug products.

This bill begin insert , commencing July 1, 2014, end insert would begin delete require the board to establish, by regulation, end delete begin insert establish end insert the fee for the issuance or renewal of a nonresident sterile compounding pharmacy begin delete license, in an amount not to exceed the reasonable regulatory costs of issuing and renewing the license, or $2,800, whichever is less. The bill would also require the nonresident sterile compounding pharmacy to reimburse the board for all costs incurred by the board in conducting an inspection of the pharmacy at least once annually, including, but not limited to, travel expenses, meals, lodging, and other actual and necessary costs incurred by the board in connection with the inspection. The failure to reimburse the board for these costs within 30 days of the inspection would result in the suspension of the nonresident sterile compounding pharmacy license end delete begin insert license in the amount of $780 and would require the applicant to deposit a reasonable amount, as determined by the board, necessary to cover the board’s estimated cost of performing an inspection of the nonresident pharmacy location, as specified end insert .

begin delete

(3) The provisions of the bill would become operative on July 1, 2014.

end delete begin delete

(4)

end delete

begin insert (3) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The heading of Article 7.5 (commencing with
Section 4127) of Chapter 9 of Division 2 of the Business and
Professions Code is amended to read:

 

Article 7.5.  Sterile Drug Products

 

SEC. 2.  

Section 4127 of the Business and Professions Code is
amended to read:

4127.  

(a) The board shall adopt regulations establishing
standards for compounding injectable sterile drug products in a
pharmacy.

begin insert

(b) The board shall adopt emergency regulations in accordance
with the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code) to establish policies, guidelines, and procedures
to initially implement the provisions of this article that become
operative on July 1, 2014, including, but not limited to, building
standards adopted pursuant to Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code. The initial
adoption, amendment, or repeal of a regulation authorized by this
section is deemed to address an emergency for purposes of Sections
11346.1 and 11346.6 of the Government Code, and the board is
hereby exempted for that purpose from the requirements of
subdivision (b) of Section 11346.1 of the Government Code. After
the initial adoption, amendment, or repeal of an emergency
regulation pursuant to this section, the board shall not request
approval from the Office of Administrative Law to readopt the
regulation as an emergency regulation pursuant to Section 11346.1
of the Government Code.

end insert begin delete

(b)

end delete

begin insert (c) end insert  This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 3.  

Section 4127 is added to the Business and Professions
Code, to read:

4127.  

(a) A pharmacy that compounds sterile drug products
for injection, administration into the eye, or inhalation shall possess
a sterile compounding pharmacy license as provided in this article
begin delete before dispensing the compounded medication end delete .

begin insert

(b) The board shall adopt regulations in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) to establish policies, guidelines, and procedures to
implement this article, including, but not limited to, building
standards adopted pursuant to Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  This section shall become operative on July 1, 2014.

SEC. 4.  

Section 4127.1 of the Business and Professions Code
is amended to read:

4127.1.  

(a) A pharmacy shall not compound injectable sterile
drug products in this state unless the pharmacy has obtained a
license from the board pursuant to this section. The license shall
be renewed annually and is not transferable.

(b) A license to compound injectable sterile drug products may
only be issued for a location that is licensed as a pharmacy.
Furthermore, the license to compound injectable sterile drug
products may only be issued to the owner of the pharmacy license
at that location. A license to compound injectable sterile drug
products may not be issued until the location is inspected by the
board and found in compliance with this article and regulations
adopted by the board.

(c) A license to compound injectable sterile drug products may
not be renewed until the location has been inspected by the board
and found to be in compliance with this article and regulations
adopted by the board.

(d) Pharmacies operated by entities that are licensed by either
the board or the State Department of Public Health and that have
current accreditation from the Joint Commission on Accreditation
of Healthcare Organizations, or other private accreditation agencies
approved by the board, are exempt from the requirement to obtain
a license pursuant to this section.

(e) The reconstitution of a sterile powder shall not require a
license pursuant to this section if both of the following are met:

(1) The sterile powder was obtained from a manufacturer.

(2) The drug is reconstituted for administration to patients by
a health care professional licensed to administer drugs by injection
pursuant to this division.

(f) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 5.  

Section 4127.1 is added to the Business and Professions
Code, to read:

4127.1.  

(a) A pharmacy shall not compound sterile drug
products unless the pharmacy has obtained a sterile compounding
pharmacy license from the board pursuant to this section. The
license shall be renewed annually and is not transferable.

(b) A license to compound sterile drug products shall be issued
only to a location that is licensed as a begin delete pharmacy. Furthermore, the
license to compound sterile drug products end delete begin insert pharmacy and end insert shall be
issued only to the owner of the pharmacy licensed at that location.
begin delete A end delete

begin insert (c) end insert begin insert   end insert begin insert A end insert license to compound sterile drug products shall not be
issued begin insert or renewed end insert until the location is inspected by the board and
found in compliance with this article and regulations adopted by
the board.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  A license to compound sterile drug products shall not be
issued or renewed until the board does all of the following:

begin delete

(1) Performs an onsite inspection of the premises, and any
deficiencies noted are corrected.

end delete begin delete

(2)

end delete

begin insert ( end insert begin insert 1) end insert  Reviews a current copy of the pharmacy’s policies and
procedures for sterile compounding.

begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  Reviews the pharmacy’s completed self-assessment form
required by Section 1735.2 of Title 16 of the California Code of
Regulations.

begin delete

(4)

end delete

begin insert ( end insert begin insert 3) end insert  Is provided with copies of all inspection reports conducted
of the pharmacy’s premises, and any reports from a private
accrediting agency, conducted in the prior 12 months documenting
the pharmacy’s operations.

begin delete

(5)

end delete

begin insert ( end insert begin insert 4) end insert  Receives a list of all sterile medications compounded by the
pharmacy since the last license renewal.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  A pharmacy licensed pursuant to this section shall do all of
the following:

(1) Provide to the board a copy of any disciplinary or other
action taken by another state within 10 days of the action.

(2) Notify the board within 10 days of the suspension of any
accreditation held by the pharmacy.

(3) Provide to the board, within begin delete 24 end delete begin insert 12 end insert hours, any recall notice
issued by the pharmacy for sterile drug products it has
compounded.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  Adverse effects reported or potentially attributable to a
pharmacy’s sterile drug product shall be immediately reported to
the board and the MedWatch program of the federal Food and
Drug Administration.

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  The reconstitution of a sterile powder shall not require a
license pursuant to this section if both of the following
begin insert requirements end insert are met:

(1) The sterile powder was obtained from a manufacturer.

(2) The drug is reconstituted for administration to patients by
a health care professional licensed to administer drugs by injection
pursuant to this division.

begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  This section shall become operative on July 1, 2014.

SEC. 6.  

Section 4127.2 of the Business and Professions Code
is amended to read:

4127.2.  

(a) A nonresident pharmacy shall not compound
injectable sterile drug products for shipment into the State of
California without a license issued by the board pursuant to this
section. The license shall be renewed annually and shall not be
transferable.

(b) A license to compound injectable sterile drug products may
only be issued for a location that is licensed as a nonresident
pharmacy. Furthermore, the license to compound injectable sterile
drug products may only be issued to the owner of the nonresident
pharmacy license at that location. A license to compound injectable
sterile drug products may not be issued or renewed until the board
receives the following from the nonresident pharmacy:

(1) A copy of an inspection report issued by the pharmacy’s
licensing agency, or a report from a private accrediting agency
approved by the board, in the prior 12 months documenting the
pharmacy’s compliance with board regulations regarding the
compounding of injectable sterile drug products.

(2) A copy of the nonresident pharmacy’s proposed policies
and procedures for sterile compounding.

(c) Nonresident pharmacies operated by entities that are licensed
as a hospital, home health agency, or a skilled nursing facility and
have current accreditation from the Joint Commission on
Accreditation of Healthcare Organizations, or other private
accreditation agencies approved by the board, are exempt from
the requirement to obtain a license pursuant to this section.

(d) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 7.  

Section 4127.2 is added to the Business and Professions
Code, to read:

4127.2.  

(a) A nonresident pharmacy shall not compound sterile
drug products for shipment into this state without a sterile
compounding pharmacy license issued by the board pursuant to
this section. The license shall be renewed annually and shall not
be transferable.

(b) A license to compound sterile drug products shall be issued
only to a location that is licensed as a nonresident begin delete pharmacy.
Furthermore, the license to compound sterile drug products end delete
begin insert pharmacy and end insert shall be issued only to the owner of the nonresident
pharmacy licensed at that location. begin delete A end delete

begin insert (c) end insert begin insert   end insert begin insert A end insert license to compound sterile drug products shall not be
issued begin insert or renewed end insert until the location is inspected by the board and
found in compliance with this article and any regulations adopted
by the board. begin insert The nonresident pharmacy shall reimburse the board
for all actual and necessary costs incurred by the board in
conducting an inspection of the pharmacy at least once annually
pursuant to subdivision (v) of Section 4400. end insert

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  A license to compound sterile drug products shall not be
issued or renewed until the board does all of the following:

begin delete

(1) Performs an onsite inspection of the premises, and any
deficiencies noted are corrected. The nonresident pharmacy shall
be responsible for payment of reasonable travel expenses incurred
by the board in connection with inspecting the pharmacy at least
once annually pursuant to subdivision (v) of Section 4400.

end delete begin delete

(2)

end delete

begin insert ( end insert begin insert 1) end insert  Reviews a current copy of the nonresident pharmacy’s
policies and procedures for sterile compounding.

begin delete

(3)

end delete

begin insert ( end insert begin insert 2) end insert  Reviews the pharmacy’s completed self-assessment form
required by Section 1735.2 of Title 16 of the California Code of
Regulations.

begin delete

(4)

end delete

begin insert ( end insert begin insert 3) end insert  Is provided with copies of all inspection reports conducted
of the nonresident pharmacy’s premises, and any reports from a
private accrediting agency, conducted in the prior 12 months
documenting the nonresident pharmacy’s operations.

begin delete

(5)

end delete

begin insert ( end insert begin insert 4) end insert  Receives a list of all sterile drug products compounded by
the pharmacy within the prior 12 months.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  A pharmacy licensed pursuant to this section shall do all of
the following:

(1) Provide to the board a copy of any disciplinary or other
action taken by its state of residence or another state within 10
days of the action.

(2) Notify the board within 10 days of the suspension of any
accreditation held by the pharmacy.

(3) Provide to the board, within begin delete 24 end delete begin insert 12 end insert hours, any recall notice
issued by the pharmacy for sterile drug products it has compounded
that have been shipped into, or dispensed in, California.

(4) Advise the board of any complaint it receives from a
provider, pharmacy, or patient in California.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  Adverse effects reported or potentially attributable to a
nonresident pharmacy’s sterile compounded drug product shall be
immediately reported to the board and the MedWatch program of
the federal Food and Drug Administration.

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  This section shall become operative on July 1, 2014.

SEC. 8.  

Section 4400 of the Business and Professions Code is
amended to read:

4400.  

The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:

(a) The fee for a nongovernmental pharmacy license shall be
four hundred dollars ($400) and may be increased to five hundred
twenty dollars ($520). The fee for the issuance of a temporary
nongovernmental pharmacy permit shall be two hundred fifty
dollars ($250) and may be increased to three hundred twenty-five
dollars ($325).

(b) The fee for a nongovernmental pharmacy license annual
renewal shall be two hundred fifty dollars ($250) and may be
increased to three hundred twenty-five dollars ($325).

(c) The fee for the pharmacist application and examination shall
be two hundred dollars ($200) and may be increased to two
hundred sixty dollars ($260).

(d) The fee for regrading an examination shall be ninety dollars
($90) and may be increased to one hundred fifteen dollars ($115).
If an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.

(e) The fee for a pharmacist license and biennial renewal shall
be one hundred fifty dollars ($150) and may be increased to one
hundred ninety-five dollars ($195).

(f) The fee for a nongovernmental wholesaler license and annual
renewal shall be six hundred dollars ($600), and may be increased
to seven hundred eighty dollars ($780). The application fee for
any additional location after licensure of the first 20 locations shall
be two hundred twenty-five dollars ($225) and may be increased
to three hundred dollars ($300). A temporary license fee shall be
five hundred fifty dollars ($550) and may be increased to seven
hundred fifteen dollars ($715).

(g) The fee for a hypodermic license and renewal shall be one
hundred twenty-five dollars ($125) and may be increased to one
hundred sixty-five dollars ($165).

(h) (1) The fee for application, investigation, and issuance of
license as a designated representative pursuant to Section 4053
shall be two hundred fifty-five dollars ($255) and may be increased
to three hundred thirty dollars ($330).

(2) The fee for the annual renewal of a license as a designated
representative shall be one hundred fifty dollars ($150) and may
be increased to one hundred ninety-five dollars ($195).

(i) (1) The fee for the application, investigation, and issuance
of a license as a designated representative for a veterinary
food-animal drug retailer pursuant to Section 4053 shall be two
hundred fifty-five dollars ($255) and may be increased to three
hundred thirty dollars ($330).

(2) The fee for the annual renewal of a license as a designated
representative for a veterinary food-animal drug retailer shall be
one hundred fifty dollars ($150) and may be increased to one
hundred ninety-five dollars ($195).

(j) (1) The application fee for a nonresident wholesaler’s license
issued pursuant to Section 4161 shall be six hundred dollars ($600)
and may be increased to seven hundred eighty dollars ($780).

(2) For nonresident wholesalers who have 21 or more facilities
operating nationwide the application fees for the first 20 locations
shall be six hundred dollars ($600) and may be increased to seven
hundred eighty dollars ($780). The application fee for any
additional location after licensure of the first 20 locations shall be
two hundred twenty-five dollars ($225) and may be increased to
three hundred dollars ($300). A temporary license fee shall be five
hundred fifty dollars ($550) and may be increased to seven hundred
fifteen dollars ($715).

(3) The annual renewal fee for a nonresident wholesaler’s license
issued pursuant to Section 4161 shall be six hundred dollars ($600)
and may be increased to seven hundred eighty dollars ($780).

(k) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.

(l) The fee for an intern pharmacist license shall be ninety dollars
($90) and may be increased to one hundred fifteen dollars ($115).
The fee for transfer of intern hours or verification of licensure to
another state shall be twenty-five dollars ($25) and may be
increased to thirty dollars ($30).

(m) The board may waive or refund the additional fee for the
issuance of a license where the license is issued less than 45 days
before the next regular renewal date.

(n) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change
shall be thirty-five dollars ($35) and may be increased to forty-five
dollars ($45).

(o) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, shall
be one hundred dollars ($100) and may be increased to one hundred
thirty dollars ($130).

(p) It is the intent of the Legislature that, in setting fees pursuant
to this section, the board shall seek to maintain a reserve in the
Pharmacy Board Contingent Fund equal to approximately one
year’s operating expenditures.

(q) The fee for any applicant for a nongovernmental clinic
license shall be four hundred dollars ($400) and may be increased
to five hundred twenty dollars ($520) for each license. The annual
fee for renewal of the license shall be two hundred fifty dollars
($250) and may be increased to three hundred twenty-five dollars
($325) for each license.

(r) The fee for the issuance of a pharmacy technician license
shall be eighty dollars ($80) and may be increased to one hundred
five dollars ($105). The fee for renewal of a pharmacy technician
license shall be one hundred dollars ($100) and may be increased
to one hundred thirty dollars ($130).

(s) The fee for a veterinary food-animal drug retailer license
shall be four hundred five dollars ($405) and may be increased to
four hundred twenty-five dollars ($425). The annual renewal fee
for a veterinary food-animal drug retailer license shall be two
hundred fifty dollars ($250) and may be increased to three hundred
twenty-five dollars ($325).

(t) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty-five dollars ($35) and may be increased to
forty-five dollars ($45).

(u) The fee for issuance or renewal of a nongovernmental license
to compound sterile drug products shall be six hundred dollars
($600) and may be increased to seven hundred eighty dollars
($780). The fee for a temporary license shall be five hundred fifty
dollars ($550) and may be increased to seven hundred fifteen
dollars ($715).

(v) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 9.  

Section 4400 is added to the Business and Professions
Code, to read:

4400.  

The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:

(a) The fee for a nongovernmental pharmacy license shall be
four hundred dollars ($400) and may be increased to five hundred
twenty dollars ($520). The fee for the issuance of a temporary
nongovernmental pharmacy permit shall be two hundred fifty
dollars ($250) and may be increased to three hundred twenty-five
dollars ($325).

(b) The fee for a nongovernmental pharmacy license annual
renewal shall be two hundred fifty dollars ($250) and may be
increased to three hundred twenty-five dollars ($325).

(c) The fee for the pharmacist application and examination shall
be two hundred dollars ($200) and may be increased to two
hundred sixty dollars ($260).

(d) The fee for regrading an examination shall be ninety dollars
($90) and may be increased to one hundred fifteen dollars ($115).
If an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.

(e) The fee for a pharmacist license and biennial renewal shall
be one hundred fifty dollars ($150) and may be increased to one
hundred ninety-five dollars ($195).

(f) The fee for a nongovernmental wholesaler license and annual
renewal shall be six hundred dollars ($600), and may be increased
to seven hundred eighty dollars ($780). The application fee for
any additional location after licensure of the first 20 locations shall
be two hundred twenty-five dollars ($225) and may be increased
to three hundred dollars ($300). A temporary license fee shall be
five hundred fifty dollars ($550) and may be increased to seven
hundred fifteen dollars ($715).

(g) The fee for a hypodermic license and renewal shall be one
hundred twenty-five dollars ($125) and may be increased to one
hundred sixty-five dollars ($165).

(h) (1) The fee for application, investigation, and issuance of
license as a designated representative pursuant to Section 4053
shall be two hundred fifty-five dollars ($255) and may be increased
to three hundred thirty dollars ($330).

(2) The fee for the annual renewal of a license as a designated
representative shall be one hundred fifty dollars ($150) and may
be increased to one hundred ninety-five dollars ($195).

(i) (1) The fee for the application, investigation, and issuance
of a license as a designated representative for a veterinary
food-animal drug retailer pursuant to Section 4053 shall be two
hundred fifty-five dollars ($255) and may be increased to three
hundred thirty dollars ($330).

(2) The fee for the annual renewal of a license as a designated
representative for a veterinary food-animal drug retailer shall be
one hundred fifty dollars ($150) and may be increased to one
hundred ninety-five dollars ($195).

(j) (1) The application fee for a nonresident wholesaler’s license
issued pursuant to Section 4161 shall be six hundred dollars ($600)
and may be increased to seven hundred eighty dollars ($780).

(2) For nonresident wholesalers who have 21 or more facilities
operating nationwide the application fees for the first 20 locations
shall be six hundred dollars ($600) and may be increased to seven
hundred eighty dollars ($780). The application fee for any
additional location after licensure of the first 20 locations shall be
two hundred twenty-five dollars ($225) and may be increased to
three hundred dollars ($300). A temporary license fee shall be five
hundred fifty dollars ($550) and may be increased to seven hundred
fifteen dollars ($715).

(3) The annual renewal fee for a nonresident wholesaler’s license
issued pursuant to Section 4161 shall be six hundred dollars ($600)
and may be increased to seven hundred eighty dollars ($780).

(k) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.

(l) The fee for an intern pharmacist license shall be ninety dollars
($90) and may be increased to one hundred fifteen dollars ($115).
The fee for transfer of intern hours or verification of licensure to
another state shall be twenty-five dollars ($25) and may be
increased to thirty dollars ($30).

(m) The board may waive or refund the additional fee for the
issuance of a license where the license is issued less than 45 days
before the next regular renewal date.

(n) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change
shall be thirty-five dollars ($35) and may be increased to forty-five
dollars ($45).

(o) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, shall
be one hundred dollars ($100) and may be increased to one hundred
thirty dollars ($130).

(p) It is the intent of the Legislature that, in setting fees pursuant
to this section, the board shall seek to maintain a reserve in the
Pharmacy Board Contingent Fund equal to approximately one
year’s operating expenditures.

(q) The fee for any applicant for a nongovernmental clinic
license shall be four hundred dollars ($400) and may be increased
to five hundred twenty dollars ($520) for each license. The annual
fee for renewal of the license shall be two hundred fifty dollars
($250) and may be increased to three hundred twenty-five dollars
($325) for each license.

(r) The fee for the issuance of a pharmacy technician license
shall be eighty dollars ($80) and may be increased to one hundred
five dollars ($105). The fee for renewal of a pharmacy technician
license shall be one hundred dollars ($100) and may be increased
to one hundred thirty dollars ($130).

(s) The fee for a veterinary food-animal drug retailer license
shall be four hundred five dollars ($405) and may be increased to
four hundred twenty-five dollars ($425). The annual renewal fee
for a veterinary food-animal drug retailer license shall be two
hundred fifty dollars ($250) and may be increased to three hundred
twenty-five dollars ($325).

(t) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty-five dollars ($35) and may be increased to
forty-five dollars ($45).

(u) The fee for issuance or renewal of a nongovernmental sterile
compounding pharmacy license shall be six hundred dollars ($600)
and may be increased to seven hundred eighty dollars ($780). The
fee for a temporary license shall be five hundred fifty dollars ($550)
and may be increased to seven hundred fifteen dollars ($715).

(v) The begin delete board shall establish, by regulation, the end delete fee for begin insert the
issuance or renewal of end insert a nonresident sterile compounding
pharmacy license begin delete in an amount not to exceed the reasonable
regulatory costs of issuing and renewing the license, or two
thousand eight hundred dollars ($2,800), whichever is less end delete begin insert shall
be seven hundred eighty dollars ($780) end insert . In addition to paying begin delete the
license end delete begin insert that application end insert fee, the nonresident sterile compounding
pharmacy shall begin delete reimburse the board for all costs incurred by the
board in conducting an inspection of the pharmacy at least once
annually, including, but not limited to, travel expenses, meals,
lodging, and other actual and necessary costs incurred by the board
in connection with the inspection. Failure to reimburse the board
for all costs associated with the annual inspection, as authorized
by this subdivision, within 30 days of the inspection shall result
in the suspension of the nonresident sterile compounding pharmacy
license end delete begin insert deposit, when submitting the application, a reasonable
amount, as determined by the board, necessary to cover the board’s
estimated cost of performing the inspection required by Section
4127.2. If the required deposit is not submitted with the application,
the application shall be deemed to be incomplete. If the actual cost
of the inspection exceeds the amount deposited, the board shall
provide to the applicant a written invoice for the remaining amount
and shall not take action on the application until the full amount
has been paid to the board. If the amount deposited exceeds the
amount of actual and necessary costs incurred, the board shall
remit the difference to the applicant end insert .

(w) This section shall become operative on July 1, 2014.

SEC. 10.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.