BILL NUMBER: SB 1193	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill

                        FEBRUARY 18, 2016

   An act to amend Sections 4001 and 4003 of the Business and
Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 4001 of the Business and Professions Code is
amended to read:
   4001.  (a) There is in the Department of Consumer Affairs a
California State Board of Pharmacy in which the administration and
enforcement of this chapter is vested. The board consists of 13
members.
   (b) The Governor shall appoint seven competent pharmacists who
reside in different parts of the state to serve as members of the
board. The Governor shall appoint four public members, and the Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint a public member who shall not be a licensee of the board, any
other board under this division, or any board referred to in Section
1000 or 3600.
   (c) At least five of the seven pharmacist appointees to the board
shall be pharmacists who are actively engaged in the practice of
pharmacy. Additionally, the membership of the board shall include at
least one pharmacist representative from each of the following
practice settings: an acute care hospital, an independent community
pharmacy, a chain community pharmacy, and a long-term health care or
skilled nursing facility. The pharmacist appointees shall also
include a pharmacist who is a member of a labor union that represents
pharmacists. For the purposes of this subdivision, a "chain
community pharmacy" means a chain of 75 or more stores in California
under the same ownership, and an "independent community pharmacy"
means a pharmacy owned by a person or entity who owns no more than
four pharmacies in California.
   (d) Members of the board shall be appointed for a term of four
years. No person shall serve as a member of the board for more than
two consecutive terms. Each member shall hold office until the
appointment and qualification of his or her successor or until one
year shall have elapsed since the expiration of the term for which
the member was appointed, whichever first occurs. Vacancies occurring
shall be filled by appointment for the unexpired term.
   (e) Each member of the board shall receive a per diem and expenses
as provided in Section 103.
   (f) This section shall remain in effect only until January 1,
 2017,   2021,  and as of that date is
 repealed, unless a later enacted statute, that is enacted
before January 1, 2017, deletes or extends that date.  
repealed.  Notwithstanding any other  provision of
 law, the repeal of this section renders the board subject
to review by the appropriate policy committees of the Legislature.
  SEC. 2.  Section 4003 of the Business and Professions Code is
amended to read:
   4003.  (a) The board, with the approval of the director, may
appoint a person exempt from civil service who shall be designated as
an executive officer and who shall exercise the powers and perform
the duties delegated by the board and vested in him or her by this
chapter. The executive officer may or may not be a member of the
board as the board may determine.
   (b) The executive officer shall receive the compensation as
established by the board with the approval of the Director of
Finance. The executive officer shall also be entitled to travel and
other expenses necessary in the performance of his or her duties.
   (c) The executive officer shall maintain and update in a timely
fashion records containing the names, titles, qualifications, and
places of business of all persons subject to this chapter.
   (d) The executive officer shall give receipts for all money
received by him or her and pay it to the department, taking its
receipt therefor. Besides the duties required by this chapter, the
executive officer shall perform other duties pertaining to the office
as may be required of him or her by the board.
   (e) This section shall remain in effect only until January 1,
 2017,   2021,  and as of that date is
 repealed, unless a later enacted statute, that is enacted
before January 1, 2017, deletes or extends that date.  
repealed.