Bill Text: CA SB1237 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Professions and vocations: regulatory boards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-16 - Set, second hearing. Held in committee and under submission. [SB1237 Detail]

Download: California-2011-SB1237-Introduced.html

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BILL NUMBER: SB 1237	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        FEBRUARY 23, 2012

   An act to amend Sections 4001, 4003, 8000, and 8005 of the
Business and Professions Code, relating to professions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1237, as introduced, Price. Professions: pharmacists and court
reporters: sunset dates.
   (1) Existing law, the Pharmacy Law, provides for the licensure and
regulation of pharmacies, pharmacists, pharmacy technicians,
wholesalers of dangerous drugs or devices, and others by the
California State Board of Pharmacy. Existing law authorizes the board
to appoint an executive officer. Under existing law, the board and
its authority to appoint an executive officer will be repealed on
January 1, 2013. Under existing law, boards scheduled for repeal are
required to be evaluated by the Joint Sunset Review Committee.
   This bill would extend the operation of the California State Board
of Pharmacy and its authority to appoint an executive officer until
January 1, 2017, and would specify that the board is subject to
review by the appropriate policy committees of the Legislature.
   (2) Existing law provides for the licensure and regulation of
court reporters by the Court Reporters Board of California within the
Department of Consumer Affairs. Existing law authorizes this board
to appoint an executive officer and committees as necessary. Existing
law repeals these provisions on January 1, 2013.
   This bill would extend the operation of these provisions until
January 1, 2017, and would specify that the board is subject to
review by the appropriate policy committees of the Legislature.
   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)  In accordance with Sections 101.1 and 473.1, this
  Thi   s  section shall remain in effect
only until January 1,  2013   2017  , and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1,  2013   2017  ,
deletes or extends that date.  The  
Notwithstanding any other provision of law, the  repeal of this
section renders the board subject to  the  review
 required by Division 1.2 (commencing with Section 473)
  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)  In accordance with Sections 101.1 and 473.1, this
  Thi   s  section shall remain in effect
only until January 1,  2013   2017  , and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1,  2013   2017  ,
deletes or extends that date.
  SEC. 3.  Section 8000 of the Business and Professions Code is
amended to read:
   8000.   (a)    There is in the Department of
Consumer Affairs a Court Reporters Board of California, which
consists of five members, three of whom shall be public members and
two of whom shall be holders of certificates issued under this
chapter who have been actively engaged as shorthand reporters within
this state for at least five years immediately preceding their
appointment. 
   This 
    (b)     This  section shall remain in
effect only until January 1,  2013   20 
 17  , and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1,  2013
  2017  , deletes or extends that date. 
   (c) 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. 4.  Section 8005 of the Business and Professions Code is
amended to read:
   8005.  The Court Reporters Board of California is charged with the
executive functions necessary for effectuating the purposes of this
chapter. It may appoint committees as it deems necessary or proper.
The board may appoint, prescribe the duties, and fix the salary of an
executive officer. Except as provided by Section 159.5, the board
may also employ other employees as may be necessary, subject to civil
service and other provisions of law.
   This section shall remain in effect only until January 1, 
2013   2017  , and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1,
 2013   2017  , deletes or extends that
date.