SB 752: Pharmacy: designated representative-reverse distributors.

The Pharmacy Law provides for the licensure and regulation of pharmacists and other persons involved in the handling, storage, sale, or disposal of drugs and devices by the California State Board of Pharmacy in the Department of Consumer Affairs. That law requires a person acting as a reverse distributor to be licensed by the board as a wholesaler and supervised or managed by a designated representative or pharmacist, as specified. A violation of that law is a crime, unless otherwise provided.

This bill would authorize a wholesaler that only acts as a reverse distributor to operate under the supervision of a designated representative-reverse distributor, as an alternative to operating under the supervision of a designated representative or pharmacist, and would provide for the separate licensure of individuals as designated representative-reverse distributors upon application, payment of an application fee, and completion of certain requirements. The bill would make related and conforming changes, including requiring designated representative-reverse distributors and designated representative-3PLs to notify the executive officer of the board of a change of name or address. The bill would specify that persons who act as agents for pharmacies or other entities by receiving, inventorying, warehousing, and managing the disposition of outdated or nonsaleable dangerous devices are reverse distributors. By modifying the scope of a crime, this bill would impose a state-mandated local program.

Existing law provides that an applicant for a pharmaceutical license who fails the national examination be required to wait at least 90 days before being permitted to retake the examination.

This bill would provide that an applicant who fails either the North American Pharmacist Licensure Examination or the California Practice Standards and Jurisprudence Examination for Pharmacists, be required to wait at least 45 days before being permitted to retake the examination unless the board establishes a different waiting period.

This bill would incorporate additional changes to Section 4059.5 of the Business and Professions Code proposed by AB 401, that would become operative only if AB 401 and this bill are both chaptered and become effective on or before January 1, 2018, and this bill is chaptered last.

This bill would incorporate additional changes to Section 4400 of the Business and Professions Code proposed by SB 351, that would become operative only if SB 351 and this bill are both chaptered and become effective on or before January 1, 2018, and this bill is chaptered last.

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.