BILL ANALYSIS �
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 P�rez, Silva, |
| | | |Smyth |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Ammiano, Roger Hern�ndez |
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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prohibits a pharmacist whose license has been revoked from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.
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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
FN: 0002400