| Old | New | Differences | |
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| 1 | - | ||
| 1 | + | Amended IN Senate April 29, 2019 Amended IN Senate April 22, 2019 Amended IN Senate March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 476Introduced by Senator StoneFebruary 21, 2019 An act to amend Sections 4302 and 4306.6 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 476, as amended, Stone. Pharmacist-in-charge: disciplinary proceedings. Pharmacist-in-charge.Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law requires each pharmacy to designate a pharmacist-in-charge, proposed by the pharmacy and approved by the board, who is responsible for the pharmacys compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. Under the law, any pharmacy owner who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy is guilty of a misdemeanor. Existing law requires a pharmacist-in-charge to take reasonable actions to stop and remedy violations of these provisions.This bill would, in addition to criminal charges, subject any pharmacy owner or other person with management and control of the licensee, who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy to a fine of up to $50,000. The bill would require a pharmacist-in-charge to take only those reasonable actions that are within their authority in order to stop and remedy a violation of these provisions.This bill would require the board, on or before January 1, 2021, to prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, to include recommendations for state intervention.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) On or before January 1, 2021, the California State Board of Pharmacy shall prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, the report shall include recommendations for state intervention.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.SECTION 1.Section 4302 of the Business and Professions Code is amended to read:4302.(a)The board may deny, suspend, or revoke any license where conditions exist in relation to any person holding 10 percent or more of the ownership interest or where conditions exist in relation to any officer, director, or other person with management or control of the license that would constitute grounds for disciplinary action against a licensee.(b)Any person holding 10 percent or more of the ownership interest or any officer, director, or other person with management or control of the licensee shall be subject to a fine of up to fifty thousand dollars ($50,000) for usurping a pharmacist-in-charges authority or otherwise hindering the pharmacist-in-charges ability to carry out their duties under this chapter.SEC. 2.Section 4306.6 of the Business and Professions Code is amended to read:4306.6.If the board disciplines a pharmacist-in-charge for the violation of a state or federal law or regulation committed by another person and the pharmacist-in-charge reported to the board that violation or suspected violation, the board shall use the report as a mitigating factor if all of the following conditions are met:(a)The pharmacist-in-charge did not engage, either directly or indirectly, in any conduct that violated any state or federal law or regulation pertaining to the practice of pharmacy.(b)The pharmacist-in-charge did not permit, encourage, approve of, either tacitly or implicitly or through willful ignorance, any conduct committed by another person that violated state or federal law or regulation pertaining to the practice of pharmacy.(c)The pharmacist-in-charge reported the violation, or suspected violation, of any state or federal law or regulation pertaining to the practice of pharmacy | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate April 29, 2019 Amended IN Senate April 22, 2019 Amended IN Senate March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 476Introduced by Senator StoneFebruary 21, 2019 An act to amend Sections 4302 and 4306.6 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 476, as amended, Stone. Pharmacist-in-charge: disciplinary proceedings. Pharmacist-in-charge.Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law requires each pharmacy to designate a pharmacist-in-charge, proposed by the pharmacy and approved by the board, who is responsible for the pharmacys compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. Under the law, any pharmacy owner who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy is guilty of a misdemeanor. Existing law requires a pharmacist-in-charge to take reasonable actions to stop and remedy violations of these provisions.This bill would, in addition to criminal charges, subject any pharmacy owner or other person with management and control of the licensee, who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy to a fine of up to $50,000. The bill would require a pharmacist-in-charge to take only those reasonable actions that are within their authority in order to stop and remedy a violation of these provisions.This bill would require the board, on or before January 1, 2021, to prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, to include recommendations for state intervention.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate April 29, 2019 Amended IN Senate April 22, 2019 Amended IN Senate March 26, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 30, 2019 | |
| 8 | 7 | Amended IN Senate April 29, 2019 | |
| 9 | 8 | Amended IN Senate April 22, 2019 | |
| 10 | 9 | Amended IN Senate March 26, 2019 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Senate Bill No. 476 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator StoneFebruary 21, 2019 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Stone | |
| 19 | 18 | February 21, 2019 | |
| 20 | 19 | ||
| 21 | - | An act to | |
| 20 | + | An act to amend Sections 4302 and 4306.6 of the Business and Professions Code, relating to healing arts. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 476, as amended, Stone. Pharmacist-in-charge. | |
| 26 | + | SB 476, as amended, Stone. Pharmacist-in-charge: disciplinary proceedings. Pharmacist-in-charge. | |
| 28 | 27 | ||
| 29 | - | Existing law, the Pharmacy Law, provides for the licensing | |
| 28 | + | Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law requires each pharmacy to designate a pharmacist-in-charge, proposed by the pharmacy and approved by the board, who is responsible for the pharmacys compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. Under the law, any pharmacy owner who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy is guilty of a misdemeanor. Existing law requires a pharmacist-in-charge to take reasonable actions to stop and remedy violations of these provisions.This bill would, in addition to criminal charges, subject any pharmacy owner or other person with management and control of the licensee, who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy to a fine of up to $50,000. The bill would require a pharmacist-in-charge to take only those reasonable actions that are within their authority in order to stop and remedy a violation of these provisions.This bill would require the board, on or before January 1, 2021, to prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, to include recommendations for state intervention. | |
| 30 | 29 | ||
| 31 | - | Existing law, the Pharmacy Law, provides for the licensing | |
| 30 | + | Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. The law requires each pharmacy to designate a pharmacist-in-charge, proposed by the pharmacy and approved by the board, who is responsible for the pharmacys compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. Under the law, any pharmacy owner who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy is guilty of a misdemeanor. Existing law requires a pharmacist-in-charge to take reasonable actions to stop and remedy violations of these provisions. | |
| 32 | 31 | ||
| 33 | - | This bill would require the board, on or before January 1, 2021, to prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, to include recommendations for state intervention. enact the Professional Pharmacist Integrity Act. The bill would create the Pharmacist Employer Advisory Task Force comprised of specified individuals, including the executive officer or their designee and various other designated representatives. The bill would require the task force to study and submit a report to the Legislature on the prevalence of management interference upon ability of pharmacists-in-charge to do their jobs, and any legislative recommendations for improvement. The bill would require the report to include, among other provisions, a survey of pharmacists-in-charge to determine whether they feel they have sufficient authority and autonomy to carry out their statutory mandate and an analysis of the past 5 years of board discipline to determine the extent to which nonpharmacist management interference contributed to wrongdoing. The bill would require the task force to submit its report to the appropriate policy and fiscal committees of the Legislature before January 1, 2022. The bill would repeal the act on January 1, 2022. | |
| 32 | + | This bill would, in addition to criminal charges, subject any pharmacy owner or other person with management and control of the licensee, who commits any act that would subvert or tend to subvert the efforts of the pharmacist-in-charge to comply with the laws governing the operation of the pharmacy to a fine of up to $50,000. The bill would require a pharmacist-in-charge to take only those reasonable actions that are within their authority in order to stop and remedy a violation of these provisions. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would require the board, on or before January 1, 2021, to prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, to include recommendations for state intervention. | |
| 34 | 37 | ||
| 35 | 38 | ## Digest Key | |
| 36 | 39 | ||
| 37 | 40 | ## Bill Text | |
| 38 | 41 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. (a) On or before January 1, 2021, the California State Board of Pharmacy shall prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, the report shall include recommendations for state intervention.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.SECTION 1.Section 4302 of the Business and Professions Code is amended to read:4302.(a)The board may deny, suspend, or revoke any license where conditions exist in relation to any person holding 10 percent or more of the ownership interest or where conditions exist in relation to any officer, director, or other person with management or control of the license that would constitute grounds for disciplinary action against a licensee.(b)Any person holding 10 percent or more of the ownership interest or any officer, director, or other person with management or control of the licensee shall be subject to a fine of up to fifty thousand dollars ($50,000) for usurping a pharmacist-in-charges authority or otherwise hindering the pharmacist-in-charges ability to carry out their duties under this chapter.SEC. 2.Section 4306.6 of the Business and Professions Code is amended to read:4306.6.If the board disciplines a pharmacist-in-charge for the violation of a state or federal law or regulation committed by another person and the pharmacist-in-charge reported to the board that violation or suspected violation, the board shall use the report as a mitigating factor if all of the following conditions are met:(a)The pharmacist-in-charge did not engage, either directly or indirectly, in any conduct that violated any state or federal law or regulation pertaining to the practice of pharmacy.(b)The pharmacist-in-charge did not permit, encourage, approve of, either tacitly or implicitly or through willful ignorance, any conduct committed by another person that violated state or federal law or regulation pertaining to the practice of pharmacy.(c)The pharmacist-in-charge reported the violation, or suspected violation, of any state or federal law or regulation pertaining to the practice of pharmacy | |
| 40 | 43 | ||
| 41 | 44 | The people of the State of California do enact as follows: | |
| 42 | 45 | ||
| 43 | 46 | ## The people of the State of California do enact as follows: | |
| 44 | 47 | ||
| 45 | - | SECTION 1 | |
| 48 | + | SECTION 1. (a) On or before January 1, 2021, the California State Board of Pharmacy shall prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, the report shall include recommendations for state intervention.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 46 | 49 | ||
| 47 | - | SECTION 1. Article 20.5 (commencing with Section 4350) is added to Chapter 9 of Division 2 of the Business and Professions Code, to read: | |
| 50 | + | SECTION 1. (a) On or before January 1, 2021, the California State Board of Pharmacy shall prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, the report shall include recommendations for state intervention.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 51 | + | ||
| 52 | + | SECTION 1. (a) On or before January 1, 2021, the California State Board of Pharmacy shall prepare and submit to the Legislature a report on the prevalence of corporate management interference with the ability of pharmacists-in-charge to do their jobs, and, if the board determines this interference is happening, the report shall include recommendations for state intervention. | |
| 48 | 53 | ||
| 49 | 54 | ### SECTION 1. | |
| 50 | 55 | ||
| 51 | - | ||
| 56 | + | (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 52 | 57 | ||
| 53 | - | Article 20.5. Professional Pharmacist Integrity Act4350. (a) This article shall be known, and may be cited, as the Professional Pharmacist Integrity Act.(b) It is the intent of the Legislature in enacting this article to ensure that the California State Board of Pharmacy has sufficient tools to be able to ensure the safe practice of pharmacy in this state.4351. (a) There is hereby created the Pharmacist Employer Advisory Task Force.(b) The task force shall study and submit a report to the Legislature on the prevalence of management interference upon the ability of pharmacists-in-charge to do their jobs and any legislative recommendations for improvement. The report shall include, but not be limited to, all of the following:(1) A survey of pharmacists-in-charge to determine whether they feel they have sufficient authority and autonomy to carry out their statutory mandate.(2) An analysis of the past five years of board discipline to determine the extent to which nonpharmacist management interference contributed to wrongdoing.(3) Recommendations to enhance the boards ability to enforce the Pharmacy Law.(c) The task force shall submit the report to the appropriate policy and fiscal committees of the Legislature before January 1, 2022.(d) The report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.4352. (a) The task force shall be comprised of the following individuals:(1) The executive officer or their designee.(2) A representative appointed by the Governors office.(3) A representative from the State Department of Public Health.(4) A representative appointed by the Senate Committee on Rules.(5) A representative appointed by the Speaker of the Assembly.(6) Two representatives from community pharmacies.(7) Two representatives from retail pharmacies.(b) The executive officer or their designee shall serve as the chairperson of the task force.(c) (1) Notwithstanding any other law, members of the task force shall not receive compensation or any other payment for their service on the task force. All administrative expenses for the task force shall be absorbed by the board.(2) The task force shall serve in an advisory capacity and the legislative recommendations identified in the report shall be subject to enactment by the Legislature.4353. This article shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
| 54 | - | ||
| 55 | - | Article 20.5. Professional Pharmacist Integrity Act | |
| 56 | - | ||
| 57 | - | Article 20.5. Professional Pharmacist Integrity Act | |
| 58 | - | ||
| 59 | - | 4350. (a) This article shall be known, and may be cited, as the Professional Pharmacist Integrity Act.(b) It is the intent of the Legislature in enacting this article to ensure that the California State Board of Pharmacy has sufficient tools to be able to ensure the safe practice of pharmacy in this state. | |
| 58 | + | (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 60 | 59 | ||
| 61 | 60 | ||
| 62 | 61 | ||
| 63 | - | 4350. (a) This article shall be known, and may be cited, as the Professional Pharmacist Integrity Act. | |
| 64 | 62 | ||
| 65 | - | (b) It is the intent of the Legislature in enacting this article to ensure that the California State Board of Pharmacy has sufficient tools to be able to ensure the safe practice of pharmacy in this state. | |
| 66 | 63 | ||
| 67 | - | ||
| 64 | + | (a)The board may deny, suspend, or revoke any license where conditions exist in relation to any person holding 10 percent or more of the ownership interest or where conditions exist in relation to any officer, director, or other person with management or control of the license that would constitute grounds for disciplinary action against a licensee. | |
| 68 | 65 | ||
| 69 | 66 | ||
| 70 | 67 | ||
| 71 | - | 4351. (a) There is hereby created the Pharmacist Employer Advisory Task Force. | |
| 72 | - | ||
| 73 | - | (b) The task force shall study and submit a report to the Legislature on the prevalence of management interference upon the ability of pharmacists-in-charge to do their jobs and any legislative recommendations for improvement. The report shall include, but not be limited to, all of the following: | |
| 74 | - | ||
| 75 | - | (1) A survey of pharmacists-in-charge to determine whether they feel they have sufficient authority and autonomy to carry out their statutory mandate. | |
| 76 | - | ||
| 77 | - | (2) An analysis of the past five years of board discipline to determine the extent to which nonpharmacist management interference contributed to wrongdoing. | |
| 78 | - | ||
| 79 | - | (3) Recommendations to enhance the boards ability to enforce the Pharmacy Law. | |
| 80 | - | ||
| 81 | - | (c) The task force shall submit the report to the appropriate policy and fiscal committees of the Legislature before January 1, 2022. | |
| 82 | - | ||
| 83 | - | (d) The report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 84 | - | ||
| 85 | - | 4352. (a) The task force shall be comprised of the following individuals:(1) The executive officer or their designee.(2) A representative appointed by the Governors office.(3) A representative from the State Department of Public Health.(4) A representative appointed by the Senate Committee on Rules.(5) A representative appointed by the Speaker of the Assembly.(6) Two representatives from community pharmacies.(7) Two representatives from retail pharmacies.(b) The executive officer or their designee shall serve as the chairperson of the task force.(c) (1) Notwithstanding any other law, members of the task force shall not receive compensation or any other payment for their service on the task force. All administrative expenses for the task force shall be absorbed by the board.(2) The task force shall serve in an advisory capacity and the legislative recommendations identified in the report shall be subject to enactment by the Legislature. | |
| 68 | + | (b)Any person holding 10 percent or more of the ownership interest or any officer, director, or other person with management or control of the licensee shall be subject to a fine of up to fifty thousand dollars ($50,000) for usurping a pharmacist-in-charges authority or otherwise hindering the pharmacist-in-charges ability to carry out their duties under this chapter. | |
| 86 | 69 | ||
| 87 | 70 | ||
| 88 | 71 | ||
| 89 | - | 4352. (a) The task force shall be comprised of the following individuals: | |
| 90 | - | ||
| 91 | - | (1) The executive officer or their designee. | |
| 92 | - | ||
| 93 | - | (2) A representative appointed by the Governors office. | |
| 94 | - | ||
| 95 | - | (3) A representative from the State Department of Public Health. | |
| 96 | - | ||
| 97 | - | (4) A representative appointed by the Senate Committee on Rules. | |
| 98 | - | ||
| 99 | - | (5) A representative appointed by the Speaker of the Assembly. | |
| 100 | - | ||
| 101 | - | (6) Two representatives from community pharmacies. | |
| 102 | - | ||
| 103 | - | (7) Two representatives from retail pharmacies. | |
| 104 | - | ||
| 105 | - | (b) The executive officer or their designee shall serve as the chairperson of the task force. | |
| 106 | - | ||
| 107 | - | (c) (1) Notwithstanding any other law, members of the task force shall not receive compensation or any other payment for their service on the task force. All administrative expenses for the task force shall be absorbed by the board. | |
| 108 | - | ||
| 109 | - | (2) The task force shall serve in an advisory capacity and the legislative recommendations identified in the report shall be subject to enactment by the Legislature. | |
| 110 | - | ||
| 111 | - | 4353. This article shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
| 112 | 72 | ||
| 113 | 73 | ||
| 114 | 74 | ||
| 115 | - | 4353. This article shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
| 75 | + | ||
| 76 | + | If the board disciplines a pharmacist-in-charge for the violation of a state or federal law or regulation committed by another person and the pharmacist-in-charge reported to the board that violation or suspected violation, the board shall use the report as a mitigating factor if all of the following conditions are met: | |
| 116 | 77 | ||
| 117 | 78 | ||
| 118 | 79 | ||
| 119 | - | (a) | |
| 80 | + | (a)The pharmacist-in-charge did not engage, either directly or indirectly, in any conduct that violated any state or federal law or regulation pertaining to the practice of pharmacy. | |
| 120 | 81 | ||
| 121 | 82 | ||
| 122 | 83 | ||
| 123 | - | (b) | |
| 84 | + | (b)The pharmacist-in-charge did not permit, encourage, approve of, either tacitly or implicitly or through willful ignorance, any conduct committed by another person that violated state or federal law or regulation pertaining to the practice of pharmacy. | |
| 124 | 85 | ||
| 125 | 86 | ||
| 126 | 87 | ||
| 127 | - | ( | |
| 88 | + | (c)The pharmacist-in-charge reported the violation, or suspected violation, of any state or federal law or regulation pertaining to the practice of pharmacy |