SB 1193, as introduced, Hill. California State Board of Pharmacy: executive officer.
The Pharmacy Law provides for the licensure and regulation of the practice of pharmacy by the California State Board of Pharmacy, which is within the Department of Consumer Affairs, and authorizes the board to appoint, with the approval of the Director of Consumer Affairs, an executive officer, as specified. Existing law repeals the provisions establishing the board and authorizing the board to appoint an executive officer as of January 1, 2017. Under existing law, the board is subject to evaluation by the Joint Sunset Review Committee upon its repeal.
This bill would extend the operation of the board and the board’s authorization to appoint an executive officer until January 1, 2021.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4001 of the Business and Professions
2Code is amended to read:
(a) There is in the Department of Consumer Affairs a
4California State Board of Pharmacy in which the administration
5and enforcement of this chapter is vested. The board consists of
613 members.
P2 1(b) The Governor shall appoint seven competent pharmacists
2who reside in different parts of the state to serve as members of
3the board. The Governor shall appoint four public members, and
4the Senate Committee on Rules and the Speaker of the Assembly
5shall each appoint a public member who shall not be a licensee of
6the board, any other board under this division, or any board referred
7to in Section 1000 or 3600.
8(c) At least five of the seven pharmacist appointees to the board
9shall be pharmacists who are actively
engaged in the practice of
10pharmacy. Additionally, the membership of the board shall include
11at least one pharmacist representative from each of the following
12practice settings: an acute care hospital, an independent community
13pharmacy, a chain community pharmacy, and a long-term health
14care or skilled nursing facility. The pharmacist appointees shall
15also include a pharmacist who is a member of a labor union that
16represents pharmacists. For the purposes of this subdivision, a
17“chain community pharmacy” means a chain of 75 or more stores
18in California under the same ownership, and an “independent
19community pharmacy” means a pharmacy owned by a person or
20entity who owns no more than four pharmacies in California.
21(d) Members of the board shall be appointed for a term of four
22years. No person shall serve as a member of the board for more
23than two consecutive terms. Each member shall hold office until
24the appointment and qualification of his or
her successor or until
25one year shall have elapsed since the expiration of the term for
26which the member was appointed, whichever first occurs.
27Vacancies occurring shall be filled by appointment for the
28unexpired term.
29(e) Each member of the board shall receive a per diem and
30expenses as provided in Section 103.
31(f) This section shall remain in effect only until January 1,begin delete 2017,end delete
32begin insert 2021,end insert and as of that date isbegin delete repealed, unless a later enacted statute,
33that is enacted before January 1, 2017, deletes or extends that date.end delete
34begin insert
repealed.end insert Notwithstanding any otherbegin delete provision ofend delete
law, the repeal
35of this section renders the board subject to review by the
36appropriate policy committees of the Legislature.
Section 4003 of the Business and Professions Code is
38amended to read:
(a) The board, with the approval of the director, may
40appoint a person exempt from civil service who shall be designated
P3 1as an executive officer and who shall exercise the powers and
2perform the duties delegated by the board and vested in him or her
3by this chapter. The executive officer may or may not be a member
4of the board as the board may determine.
5(b) The executive officer shall receive the compensation as
6established by the board with the approval of the Director of
7Finance. The executive officer shall also be entitled to travel and
8other expenses necessary in the performance of his or her duties.
9(c) The executive officer shall maintain and update in a timely
10fashion records containing the
names, titles, qualifications, and
11places of business of all persons subject to this chapter.
12(d) The executive officer shall give receipts for all money
13received by him or her and pay it to the department, taking its
14receipt therefor. Besides the duties required by this chapter, the
15executive officer shall perform other duties pertaining to the office
16as may be required of him or her by the board.
17(e) This section shall remain in effect only until January 1,begin delete 2017,end delete
18begin insert 2021,end insert and as of that date isbegin delete repealed, unless a later enacted statute,
19that is enacted before January 1, 2017, deletes or extends that date.end delete
20begin insert
repealed.end insert
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