Amended  IN  Senate  April 30, 2019
Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  April 22, 2019
Amended  IN  Senate  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 476

Introduced by Senator Stone

February 21, 2019

An act to add and repeal Article 20.5 (commencing with Section 4350) of Chapter 9 of Division 2 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 476, as amended, Stone. Pharmacist-in-charge. Pharmacy: Pharmacist Employer Advisory Task Force.
Existing law, the Pharmacy Law, provides for the licensing licensure and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law authorizes the board to appoint an executive officer to perform the duties delegated by the board. 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 pharmacy’s 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.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


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:
Article  20.5. Professional Pharmacist Integrity Act

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.

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 board’s 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 Governor’s 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.

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.