BILL NUMBER: AB 141 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2000
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN SENATE JUNE 22, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
INTRODUCED BY Assembly Member Knox
JANUARY 11, 1999
An act to add and repeal Section 4013 of the Business and
Professions Code, relating to pharmacies, and making an
appropriation therefor. An act to amend Section 24216
of the Education Code, relating to state teachers' retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 141, as amended, Knox. Pharmacies
State teachers' retirement: postretirement earnings .
Under the State Teachers' Retirement Law, the service retirement
allowance of a retired member shall be reduced if the member's
postretirement compensation from specified activities exceeds a
certain dollar amount; however, creditable service performed by a
retired member in an emergency situation to fill a vacant
administrative position is exempt from the calculation of that
earnings limitation in specified circumstances.
This bill would expand that exemption, as specified, operative as
specified.
Existing law provides for the California State Board of Pharmacy
to regulate and enforce laws regarding the practice of pharmacy, as
specified. Existing law also provides for the continuous
appropriation of moneys in the Pharmacy Board Contingent Fund for the
purposes of the board.
This bill would require the board to conduct a study regarding the
incidence of medication errors in pharmacies, as specified, and to
report these findings to the Legislature on or before December 1,
2004. The bill would provide that information collected and produced
in the course of the study be used for research purposes only and
disclosed solely for determining the validity and propriety of the
study. The bill would require the identity of individual pharmacists
and pharmacies to remain confidential, as specified, and would
prohibit any information, records, or reports received or generated
in connection with the study from being used for disciplinary
purposes, as specified, or from being subject to discovery in
connection with any administrative, civil, or criminal investigation
or proceeding. The bill would make an appropriation by expanding the
purposes for the expenditure of funds from the Pharmacy Board
Contingent Fund, but would limit the expenditure from the fund for
the study and expenses in connection therewith to $1,041,000 and
would require the board to reimburse the Pharmacy Board Contingent
Fund in an amount equal to any private funding received for these
purposes.
The bill would provide for the repeal of these provisions as of
January 1, 2005, unless a later enacted statute deletes or extends
that date.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4013 is added to the Business and
SECTION 1. Section 24216 of the Education Code is amended to read:
24216. (a) (1) A member retired for service under this part who
is appointed as a trustee or administrator by the Superintendent of
Public Instruction pursuant to Section 41320.1, or a member retired
for service who is assigned by a county superintendent of schools
pursuant to Article 2 (commencing with Section 42120) of Chapter 6 of
Part 24, shall be exempt from subdivisions (d), (e), and (f) of
Section 24214 for a maximum period of two years.
(2) The period of exemption shall commence on the date the member
retired for service is appointed or assigned and shall end no more
than two calendar years from that date, after which the limitation
specified in subdivisions (d), (e), and (f) of Section 24214 shall
apply.
(3) An exemption under this subdivision shall be granted by the
system providing that the Superintendent of Public Instruction or the
county superintendent of schools submits documentation required by
the system to substantiate the eligibility of the member retired for
service for an exemption under this subdivision.
(b) (1) A member retired for service under this part who is
employed by an employer to perform creditable service in an emergency
situation to fill a vacant administrative position requiring highly
specialized skills shall be exempt from the provisions of
subdivisions (d), (e) and (f) of Section 24214 for creditable service
performed up to one-half of the full-time equivalent for that
position, if the vacancy occurred due to circumstances beyond the
control of the employer. The limitation specified in subdivisions
(d), (e), and (f) of Section 24214 shall apply to creditable service
performed beyond the specified exemption.
(2) A member described in paragraph (1) may be exempt from
the provisions of subdivisions (d), (e), and (f) of Section 24214 for
up to an additional one-half of the full time equivalent for the
same position, provided neither the member or any other member has
ever received an exemption pursuant to this paragraph for the same
position and the employer has satisfied the requirements of
subparagraph (D) of paragraph (3).
(3) An exemption under this subdivision shall be granted by
the system subject to the following conditions:
(A) The recruitment process to fill the vacancy on a permanent
basis is expected to extend over several months.
(B) The employment is reported in a public meeting of the
governing body of the employer.
(C) The employer submits documentation required by the system to
substantiate the eligibility of the member retired for service for an
exemption under this subdivision.
(D) For exemption requests under paragraph (2), the employer shall
submit documentation to substantiate the unsuccessful attempts to
permanently fill the position while the position was occupied by a
retired member under paragraph (1) and that the vacancy continues to
exist due to circumstances beyond the control of the employer.
(c) This section shall not apply to any person who has received
additional service credit pursuant to Section 22715 or 22716.
(d) A person who has received additional service credit pursuant
to Section 22714 shall be ineligible for one year from the effective
date of retirement for the exemption provided in this section for
service performed in the district from which he or she retired.
(e) The amendments to this section enacted during the
1999-2000 Regular Session shall be deemed to authorize exemptions
pursuant to paragraph (2) of subdivision (b) on and after July 1,
1999.
(f) This section shall become operative on July 1, 1995, and
shall remain in effect only until July 1, 2003, and as of that date
is repealed, unless a later enacted statute, which is enacted before
July 1, 2003, deletes or extends that date. Professions
Code, to read:
4013. (a) The board shall conduct a study of the incidence of
medication errors in pharmacies in California. The study shall
employ a methodology that uses "test" prescriptions distributed to a
statistically significant cross section of pharmacies in the state.
The board shall ensure that the study is based on sound scientific
and analytic principles.
The board shall issue a report of its findings from the study to
the Legislature on or before December 1, 2004.
(b) The purpose of the study described in subdivision (a) is to
measure the frequency and describe the type of medication errors
occurring in California pharmacies and to improve patient safety, and
identify broader issues that may become the basis for instituting
professionwide standards and changes.
(c) The board shall have the authority to contract with outside
entities to design the study, collect and analyze data results, and
disseminate findings.
(d) "Test" prescription, as used in this section, refers to a
prescription that is prepared solely for the purposes set out in this
section and issued only according to standards established for the
study conducted pursuant to this section, and not for the actual
medical needs of a patient. All prescription containers, including
all drugs, obtained through such a prescription shall be forwarded to
the board, or its designee immediately after examination for
purposes of the study conducted pursuant to this section and shall
thereafter remain under the board's custody and in its possession
until destroyed.
(e) The information collected and produced in the course of the
study shall be used for research purposes only and shall be disclosed
for the sole purpose of determining the validity and propriety of
the study. The identity of individual pharmacists and pharmacies
shall remain confidential and shall not be disclosed to any person or
private, public, or other governmental entity. No information
derived from the study shall be used for disciplinary purposes by the
board or any other government agency. The information, records, and
reports received or generated in connection with the study shall not
be subject to disclosure or discovery in connection with any
administrative, civil or criminal investigation or proceeding.
(f) Up to one million forty-one thousand dollars ($1,041,000) may
be expended from the Pharmacy Board Contingent Fund by the California
State Board of Pharmacy for the purpose of conducting the study
required by this section and meeting the State Board of Pharmacy's
expenses in regard therewith. The board shall reimburse the Pharmacy
Board Contingent Fund in an amount equal to any private funding
obtained by the board for these purposes.
(g) This section shall cease to be operative on January 1, 2005,
and on that date is repealed, unless a later enacted statute that is
enacted on or before that date deletes or extends that date.