BILL ANALYSIS
AB 2104
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Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2104 (Hayashi) - As Amended: April 8, 2010
Policy Committee: Business &
Professions Vote: 7-4
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies the governance of the California Board of
Pharmacy. These changes would mean the Board of Pharmacy would
be governed differently than all other healing arts boards under
the jurisdiction of the California Department of Consumer
Affairs. Specifically, this bill:
1)Requires the governor to appoint an executive officer of the
Board of Pharmacy and requires the executive officer to be
exempt from civil service classification.
2)Requires the Board of Pharmacy to receive prior approval from
the Department of Consumer Affairs for all state legislation
the Board supports, opposes, or sponsors. Requires such
approval to be reviewed each time a piece of legislation is
amended.
3)Requires the Board of Pharmacy members to disclose ex-parte
communication in specified formats and defines ex-parte
communication to include telephone calls, written
communication, electronic mail, and text messaging.
4)Requires the promulgation of regulations regarding ex parte
communication and requires regulations to address sanctions
for non-compliance with ex parte requirements.
FISCAL EFFECT
Special Fund costs of $175,000 to $200,000 much of which would
consist of one-time costs for regulations, to the Board of
Pharmacy and the Department of Consumer Affairs to increase and
AB 2104
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modify oversight of communication policies. Costs include
promulgating regulations, increased feedback for legislative
communication, and significant staffing, documentation, and
storage related to ex-parte communication.
COMMENTS
1)Rationale . This bill modifies the governance of the Board of
Pharmacy and codifies substantial requirements regarding ex
parte communication of the 13 board members. According to the
author there is reason to believe the Board of Pharmacy has
failed to place consumers' interests first when sponsoring
legislation. The author intends to reduce the authority of the
Board of Pharmacy by requiring specific decision making and
oversight authority to be folded into the Department of
Consumer Affairs. In addition, this bill requires the governor
to appoint the executive office of the Board. Under current
law the Board appoints the executive officer.
2)Background . The Board of Pharmacy provides professional
oversight and consumer protections related to pharmacists and
pharmacy technicians. The Board provides guidance in areas
such as education, communication, licensing, legislation,
regulation, and enforcement. More than 35,000 pharmacists and
52,000 pharmacy technicians are under the Board's
jurisdiction.
3)Policy Direction Reduces Professional Oversight Uniformity .
The approach proposed in this bill would mean the Board of
Pharmacy would be the only healing arts board with this kind
of governance and codified communication requirements. It
appears the pharmacy profession and related oversight as a
result of this bill may be at a disadvantage relative to other
healing arts boards.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081