BILL NUMBER: SB 1193 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2016
INTRODUCED BY Senator Hill
( Principal coauthor: Assembly Member
Salas )
FEBRUARY 18, 2016
An act to amend Sections 4001 and 4003 of
4001, 4003, 4119.1, and 4400 of, to add Sections 4034, 4203.5, and
4316 to, and to add Article 7.7 (commencing with Section 4129) to
Chapter 9 of Division 2 of, the Business and Professions Code,
and to amend Section 13401.5 of the Corporations Code,
relating to healing arts. arts, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1193, as amended, Hill. California State Board of
Pharmacy: executive officer. Pharmacy: outsourcing
facilities.
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
That 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.
That law authorizes a pharmacy to provide pharmacy services
to specified licensed health facilities through the use of an
automated drug delivery system. That law also provides for the board
to issue a license, after an investigation to determine whether the
applicant and the premises qualify for a license, that authorizes
specified clinics to purchase drugs at wholesale for administration
or dispensing, under the direction of a physician and surgeon, to
patients registered for care at the clinic. Existing law makes a
violation of any provision of the Pharmacy Law punishable as an
infraction if no other penalty is provided.
This bill would extend the operation of the board and the board's
authorization to appoint an executive officer until January 1, 2021.
The bill would require a pharmacy to register use of an
automated drug delivery system with the board, including the address
and location of use. The bill would require the board,
when a clinic applicant submits specified types of applications, to
issue a license or incorporate changes to an existing license within
30 days of receipt of a completed application and payment of fees.
The bill would not limit the board's authority to investigate to
determine whether the applicant and the premises qualify for a
license. By placing new requirements on a pharmacy, this bill would
expand an existing crime and would, therefore, impose a
state-mandated local program.
The Pharmacy Law prohibits a pharmacy from compounding sterile
drug products unless the pharmacy has obtained a sterile compounding
pharmacy license from the board and prohibits the board from issuing
or renewing that license until the board has, among other things,
reviewed a current copy of the pharmacy's procedures and policies for
sterile compounding. Existing law provides that fees collected on
behalf of the board are credited to the Pharmacy Board Contingent
Fund, which continuously appropriates fees in the fund.
The bill would require the board to license an outsourcing
facility, as defined, and would prohibit an outsourcing facility to
be concurrently licensed with the board as a sterile compounding
pharmacy at the same location. The bill would require an outsourcing
facility to be licensed with the board before doing business within
or into the state and would require an outsourcing facility to, among
other things, notify the board of any disciplinary or other action
taken by another state or the federal Food and Drug Administration
within 10 days of the action. The bill would require the board to,
among other things, inspect the location of an outsourcing facility
to ensure that the outsourcing facility is in compliance with all
laws and regulations before issuing or renewing an outsourcing
facility's license. The bill would make a violation of any of these
provisions or regulations adopted thereto punishable by a fine of up
to $5,000 per occurrence. The bill would, on or after January 1,
2018, require the board to provide a report, as specified, to the
Legislature regarding the regulation of nonresident outsourcing
facilities. The bill would also authorize the board to collect a fee
of $780 for the issuance and renewal of an outsourcing license and a
fee of $715 for a temporary license, as specified. By increasing the
amount of money deposited into a continuously appropriated fund, the
bill would make an appropriation.
Existing law authorizes specified healing arts licensees to be
shareholders, officers, directors, or professional employees of a
designated professional corporation, subject to certain limitations
relating to ownership of shares.
This bill would additionally authorize licensed pharmacists to be
shareholders, officers, directors, or professional employees of a
designated professional corporation, subject to certain limitations
relating to ownership of shares.
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 yes
. Fiscal committee: yes. State-mandated local program:
no yes .
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,
2021, and as of that date is repealed. Notwithstanding any other 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,
2021, and as of that date is repealed.
SEC. 3. Section 4034 is added to the
Business and Professions Code , to read:
4034. "Outsourcing facility" means a facility that meets all of
the following:
(a) Is located within the United States of America at one address
that is engaged in the compounding of sterile drugs and nonsterile
drugs.
(b) Has registered as an outsourcing facility with the federal
Food and Drug Administration under Section 503B of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. Sec. 353b).
(c) Is doing business within or into California.
(d) Is licensed with the board as an outsourcing facility pursuant
to Article 7.7 (commencing with Section 4129).
SEC. 4. Section 4119.1 of the Business
and Professions Code is amended to read:
4119.1. (a) A pharmacy may provide pharmacy services to a health
facility licensed pursuant to subdivision (c), (d), or both, of
Section 1250 of the Health and Safety Code, through the use of an
automated drug delivery system that need not be located at the same
location as the pharmacy.
(b) Drugs stored in an automated drug delivery system shall be
part of the inventory of the pharmacy providing pharmacy services to
that facility, and drugs dispensed from the pharmacy system shall be
considered to have been dispensed by that pharmacy.
(c) (1) The pharmacy shall maintain records of the acquisition and
disposition of dangerous drugs and dangerous devices stored in the
automated drug delivery system separate from other pharmacy records.
(2) The pharmacy shall own and operate the automated drug delivery
system.
(3) The pharmacy shall provide training regarding the operation
and use of the automated drug delivery system to both pharmacy and
health facility personnel using the system.
(4) The pharmacy shall operate the automated drug delivery system
in compliance with Section 1261.6 of the Health and Safety Code.
(d) The operation of the automated drug delivery system shall be
under the supervision of a licensed pharmacist. To qualify as a
supervisor for an automated drug delivery system, the pharmacist need
not be physically present at the site of the automated drug delivery
system and may supervise the system electronically.
(e) The pharmacy shall register use of an automated drug delivery
system with the board, including the address and location of use.
(e) Nothing in this
(f) This section shall not
be construed to revise or limit the use of automated drug
delivery systems as permitted by the board in any licensed health
facility other than a facility defined in subdivision (c) or (d), or
both, of Section 1250 of the Health and Safety Code.
SEC. 5. Article 7.7 (commencing with Section 4129)
is added to Chapter 9 of Division 2 of the Business and
Professions Code , to read:
Article 7.7. Outsourcing Facilities
4129. (a) A facility licensed as an outsourcing facility with the
federal Food and Drug Administration (FDA) shall be concurrently
licensed with the board as an outsourcing facility if it compounds
sterile medication or nonsterile medication for nonpatient-specific
distribution within or into California.
(b) A facility premises licensed with the board as a sterile
compounding pharmacy shall not be concurrently licensed with the
board as an outsourcing facility at the same location.
(c) The board may 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.
(d) The board shall review any formal requirements or guidance
documents developed by the FDA regarding outsourcing facilities
within 90 days after their release in order to determine whether
revisions are necessary for any regulations promulgated by the board.
(e) An outsourcing facility licensed by the board shall not
perform the duties of a pharmacy, such as filling individual
prescriptions for individual patients.
4129.1. (a) An outsourcing facility that is licensed with the
federal Food and Drug Administration (FDA) and with an address in
this state shall also be licensed by the board as an outsourcing
facility before doing business within this state. The license shall
be renewed annually and is not transferable.
(b) An outsourcing facility shall compound all sterile products
and nonsterile products in compliance with regulations issued by the
board and with federal current good manufacturing practices
applicable to outsourcing facilities.
(c) An outsourcing facility license shall not be issued or renewed
until the location is inspected by the board and found in compliance
with this article and regulations adopted by the board.
(d) An outsourcing facility license shall not be issued or renewed
until the board does all of the following:
(1) Prior to inspection, reviews a current copy of the outsourcing
facility's policies and procedures for sterile compounding and
nonsterile compounding.
(2) Is provided with copies of all federal and state regulatory
agency inspection reports, as well as accreditation reports, and
certification reports of facilities or equipment of the outsourcing
facility's premises conducted in the prior 12 months.
(3) Prior to inspection, receives a list of all sterile drugs and
nonsterile drugs compounded by the outsourcing facility as reported
to the FDA in the last 12 months.
(e) An outsourcing facility licensed pursuant to this section
shall provide the board with all of the following:
(1) A copy of any disciplinary or other action taken by another
state or the FDA within 10 days of the action.
(2) Notice within 24 hours of any recall notice issued by the
outsourcing facility.
(3) A copy of any clinically related complaint it receives
involving an outsourcing facility's compounded products from or
involving any provider, pharmacy, or patient in California within 72
hours of receipt.
(4) Notice within 24 hours after learning of adverse effects
reported or potentially attributable to the outsourcing facility's
products.
4129.2. (a) An outsourcing facility that is licensed with the
federal Food and Drug Administration (FDA) as an outsourcing facility
and has an address outside of this state but in the United States of
America is a nonresident outsourcing facility. A nonresident
outsourcing facility shall not compound sterile drug products or
nonsterile drug products for distribution or use into this state
without an outsourcing license issued by the board pursuant to this
section. The license shall be renewed annually and shall not be
transferable.
(b) A nonresident outsourcing facility shall compound all sterile
products and nonsterile products to be distributed or used in this
state in compliance with regulations of the board and with federal
current good manufacturing practices applicable to outsourcing
facilities.
(c) A license for a nonresident outsourcing facility shall not be
issued or renewed until the location is inspected by the board and
found in compliance with this article and any regulations adopted by
the board. The nonresident outsourcing facility shall reimburse the
board for all actual and necessary costs incurred by the board in
conducting an inspection of the nonresident outsourcing facility at
least once annually pursuant to subdivision (x) of Section 4400.
(d) A license for a nonresident outsourcing facility shall not be
issued or renewed until the board:
(1) Prior to inspection, reviews a current copy of the nonresident
outsourcing facility's policies and procedures for sterile
compounding and nonsterile compounding.
(2) Is provided with copies of all federal and state regulatory
agency inspection reports, as well as accreditation reports, and
certification reports of facilities or equipment of the nonresident
outsourcing facility's premises conducted in the prior 12 months.
(3) Prior to inspection, receives a list of all sterile drug
products and nonsterile drug products compounded by the pharmacy as
reported to the FDA within the prior 12 months.
(e) A nonresident outsourcing facility licensed pursuant to this
section shall provide the board with all of the following:
(1) A copy of any disciplinary or other action taken by another
state or the FDA within 10 days of the action.
(2) Notice within 24 hours of any recall notice issued by the
nonresident outsourcing facility.
(3) A copy of any complaint it receives involving an outsourcing
facility's compounded products from or involving any provider,
pharmacy, or patient in California within 72 hours of receipt.
(4) Notice within 24 hours after learning of adverse effects
reported or potentially attributable to a nonresident outsourcing
facility's products.
4129.3. (a) On or before January 1, 2018, the board shall provide
a report to the Legislature regarding the regulation of nonresident
outsourcing facilities. The report shall be submitted to the
Legislature in the manner required pursuant to Section 9795 of the
Government Code. At a minimum, the report shall address all of the
following:
(1) A detailed description of board activities related to the
inspection and licensure of nonresident outsourcing facilities.
(2) Whether fee revenue collected pursuant to subdivision (x) of
Section 4400 and travel cost reimbursements collected pursuant to
subdivision (c) of Section 4129.2 provide revenue in an amount
sufficient to support the board's activities related to the
inspection and licensure of nonresident outsourcing facilities.
(3) The status of proposed changes to federal law that are under
serious consideration and that would govern outsourcing facilities
and compounding pharmacies, including, but not limited to,
legislation pending before Congress, administrative rules,
regulations or orders under consideration by the FDA or other
appropriate federal agency, and cases pending before the courts.
(4) If applicable, recommended modifications to the board's
statutory duties related to nonresident outsourcing facilities as a
result of changes to federal law or any additional modifications
necessary to protect the health and safety of the public.
(b) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2022, pursuant to
Section 10231.5 of the Government Code.
4129.4. (a) Whenever the board has a reasonable belief, based on
information obtained during an inspection or investigation by the
board, that an outsourcing facility compounding sterile drug products
or nonsterile drug products poses an immediate threat to the public
health or safety, the executive officer of the board may issue an
order to the outsourcing facility to immediately cease and desist
compounding sterile drug products or nonsterile drug products. The
cease and desist order shall remain in effect for no more than 30
days or the date of a hearing seeking an interim suspension order,
whichever is earlier.
(b) Whenever the board issues a cease and desist order pursuant to
subdivision (a), the board shall immediately issue a notice to the
owner setting forth the acts or omissions with which the owner is
charged, specifying the pertinent code section or sections and any
regulations.
(c) The cease and desist order shall state that the owner, within
15 days of receipt of the notice, may request a hearing before the
president of the board to contest the cease and desist order.
Consideration of the owner's contest of the cease and desist order
shall comply with the requirements of Section 11425.10 of the
Government Code. The hearing shall be held no later than five days
after the date the request of the owner is received by the board. The
president shall render a written decision within five days after the
hearing. In the absence of the president of the board, the vice
president of the board may conduct the hearing permitted by this
subdivision. Review of the decision may be sought by the owner or
person in possession or control of the outsourcing facility pursuant
to Section 1094.5 of the Code of Civil Procedure.
(d) Failure to comply with a cease and desist order issued
pursuant to this section shall be unprofessional conduct.
4129.5. Notwithstanding any other law, a violation of this
article, or regulation adopted pursuant thereto, may subject the
person or entity that committed the violation to a fine of up to five
thousand dollars ($5,000) per occurrence pursuant to a citation
issued by the board.
4129.6. For purposes of this article, "sterile compounded
products" means compounded preparations for injection, administration
into the eye, or inhalation.
4129.8. The board, at its discretion, may issue a temporary
license to an outsourcing facility when the ownership of the
outsourcing facility is transferred from one person to another, upon
the conditions and for any periods of time as the board determines to
be in the public interest. A temporary license fee shall be required
as specified in subdivision (w) of Section 4400. When needed to
protect public safety, a temporary license may be issued for a period
not to exceed 180 days, and may be issued subject to terms and
conditions the board deems necessary. If the board determines a
temporary license was issued by mistake or denies the application for
a permanent license, the temporary license shall terminate upon the
earlier of personal service of the notice of termination upon the
licenseholder or service by certified mail with return receipt
requested at the licenseholder's address of record with the board.
The temporary licenseholder shall not be deemed to have a vested
property right or interest in the license for purposes of retaining a
temporary license or for purposes of any disciplinary or license
denial proceeding before the board.
4129.9. (a) An outsourcing facility licensed pursuant to Section
4129.1 or 4129.2 that issues a recall notice for a sterile drug or
nonsterile drug compounded by the outsourcing facility, in addition
to any other duties, shall contact the recipient pharmacy,
prescriber, or patient of the recalled drug and the board as soon as
possible within 24 hours of the recall notice if both of the
following apply:
(1) Use of or exposure to the recalled drug may cause serious
adverse health consequences or death.
(2) The recalled drug was dispensed, or is intended for use, in
this state.
(b) A recall notice issued pursuant to subdivision (a) shall be
made as follows:
(1) If the recalled drug was dispensed directly to the prescriber,
the notice shall be made to the prescriber and the prescriber shall
ensure the patient is notified.
(2) If the recalled drug was dispensed directly to a pharmacy, the
notice shall be made to the pharmacy and that pharmacy shall notify
the prescriber or patient, as appropriate. If the pharmacy notifies
the prescriber, the prescriber shall ensure the patient is notified.
SEC. 6. Section 4203.5 is added to the
Business and Professions Code , to read:
4203.5. (a) Notwithstanding any other law, when a clinic
applicant submits either type of application described in subdivision
(b), the board shall issue a license or incorporate the reported
changes, as appropriate, within 30 days of receipt of a completed
application and payment of any prescribed fees.
(b) This section applies to the following types of applications:
(1) A new clinic license application filed under Section 4180.
(2) Applications to report changes to an existing site licensed
under Section 4180, including, but not limited to, changes in
professional director, clinic administrator, corporate officers,
change of location, or change of address.
(c) This section shall not be construed to limit the board's
authority to conduct an investigation to determine whether applicants
and the premises for which an application is made qualify for a
license.
SEC. 7. Section 4316 is added to the
Business and Professions Code , to read:
4316. (a) The board is authorized to issue a cease and desist
order for operating any facility under this chapter that requires
licensure or for practicing any activity under this chapter that
requires licensure.
(b) Whenever the board issues a cease and desist order pursuant to
subdivision (a), the board shall immediately issue the facility a
notice setting forth the acts or omissions with which it is charged,
specifying the pertinent code section or sections and any
regulations.
(c) The order shall provide that the facility, within 15 days of
receipt of the notice, may request a hearing before the president of
the board to contest the cease and desist order. Consideration of the
facility's contest of the cease and desist order shall comply with
the requirements of Section 11425.10 of the Government Code. The
hearing shall be held no later than five days from the date the
request of the owner is received by the board. The president shall
render a written decision within five days of the hearing. In the
absence of the president of the board, the vice president of the
board may conduct the hearing permitted by this subdivision. Review
of the decision of the president of the board may be sought by the
owner or person in possession or control of the pharmacy pursuant to
Section 1094.5 of the Code of Civil Procedure.
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 or third-party
logistics provider license and annual renewal shall be seven hundred
eighty dollars ($780) and may be decreased to no less than six
hundred dollars ($600). The application fee for any additional
location after licensure of the first 20 locations shall be three
hundred dollars ($300) and may be decreased to no less than two
hundred twenty-five dollars ($225). A temporary license fee shall be
seven hundred fifteen dollars ($715) and may be decreased to no less
than five hundred fifty dollars ($550).
(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 a
license as a designated representative pursuant to Section 4053, or
as a designated representative-3PL pursuant to Section 4053.1, shall
be three hundred thirty dollars ($330) and may be decreased to no
less than two hundred fifty-five dollars ($255).
(2) The fee for the annual renewal of a license as a designated
representative or designated representative-3PL shall be one hundred
ninety-five dollars ($195) and may be decreased to no less than one
hundred fifty dollars ($150).
(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 three
hundred thirty dollars ($330) and may be decreased to no less than
two hundred fifty-five dollars ($255).
(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 ninety-five dollars ($195) and may be decreased to no
less than one hundred fifty dollars ($150).
(j) (1) The application fee for a nonresident wholesaler or
third-party logistics provider license issued pursuant to Section
4161 shall be seven
hundred eighty dollars ($780) and may be decreased to no less than
six hundred dollars ($600).
(2) For nonresident wholesalers or third-party logistics providers
that have 21 or more facilities operating nationwide the application
fees for the first 20 locations shall be seven hundred eighty
dollars ($780) and may be decreased to no less than six hundred
dollars ($600). The application fee for any additional location after
licensure of the first 20 locations shall be three hundred dollars
($300) and may be decreased to no less than two hundred twenty-five
dollars ($225). A temporary license fee shall be seven hundred
fifteen dollars ($715) and may be decreased to no less than five
hundred fifty dollars ($550).
(3) The annual renewal fee for a nonresident wholesaler license or
third-party logistics provider license issued pursuant to Section
4161 shall be seven hundred eighty dollars ($780) and may be
decreased to no less than six hundred dollars ($600).
(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 fee for the issuance or renewal of a nonresident sterile
compounding pharmacy license shall be seven hundred eighty dollars
($780). In addition to paying that application fee, the nonresident
sterile compounding pharmacy shall 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.
(w) This section shall become operative on July 1, 2014.
(w) The fee for the issuance or renewal of an outsourcing facility
license shall be seven hundred eighty dollars ($780). The fee for a
temporary outsourcing facility license shall be seven hundred fifteen
dollars ($715).
(x) The fee for the issuance or renewal of a nonresident
outsourcing facility license shall be seven hundred eighty dollars
($780). In addition to paying that application fee, the nonresident
outsourcing facility shall 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 4129.2. 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.
SEC. 9. Section 13401.5 of the
Corporations Code is amended to read:
13401.5. Notwithstanding subdivision (d) of Section 13401 and any
other provision of law, the following licensed persons may be
shareholders, officers, directors, or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation. This section does not limit employment by a professional
corporation designated in this section to only those licensed
professionals listed under each subdivision. Any person duly licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act may be
employed to render professional services by a professional
corporation designated in this section.
(a) Medical corporation.
(1) Licensed doctors of podiatric medicine.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(12) Licensed physical therapists.
(13) Licensed pharmacists.
(b) Podiatric medical corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed physical therapists.
(c) Psychological corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(d) Speech-language pathology corporation.
(1) Licensed audiologists.
(e) Audiology corporation.
(1) Licensed speech-language pathologists.
(f) Nursing corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(g) Marriage and family therapist corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(h) Licensed clinical social worker corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed marriage and family therapists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(i) Physician assistants corporation.
(1) Licensed physicians and surgeons.
(2) Registered nurses.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(j) Optometric corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(k) Chiropractic corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
( l ) Acupuncture corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed physician assistants.
(9) Licensed chiropractors.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(m) Naturopathic doctor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed physician assistants.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Licensed physical therapists.
(8) Licensed doctors of podiatric medicine.
(9) Licensed marriage and family therapists.
(10) Licensed clinical social workers.
(11) Licensed optometrists.
(12) Licensed professional clinical counselors.
(n) Dental corporation.
(1) Licensed physicians and surgeons.
(2) Dental assistants.
(3) Registered dental assistants.
(4) Registered dental assistants in extended functions.
(5) Registered dental hygienists.
(6) Registered dental hygienists in extended functions.
(7) Registered dental hygienists in alternative practice.
(o) Professional clinical counselor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Licensed marriage and family therapists.
(5) Registered nurses.
(6) Licensed chiropractors.
(7) Licensed acupuncturists.
(8) Naturopathic doctors.
(p) Physical therapy corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(5) Licensed occupational therapists.
(6) Licensed speech-language therapists.
(7) Licensed audiologists.
(8) Registered nurses.
(9) Licensed psychologists.
(10) Licensed physician assistants.
(q) Registered dental hygienist in alternative practice
corporation.
(1) Registered dental assistants.
(2) Licensed dentists.
(3) Registered dental hygienists.
(4) Registered dental hygienists in extended functions.
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.