The Pharmacy Law requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. The Pharmacy Law authorizes the board, during a declared federal, state, or local emergency, to waive application of any provision of the Pharmacy Law or the regulations adopted pursuant to it, if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Existing law authorizes the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 90 days following the termination of a declared public emergency if, in the boards opinion, the continued waiver will aid in the protection of public health or the provision of patient care.

This bill would instead authorize the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 120 days following the termination of a declared emergency.

The Pharmacy Law requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. The Pharmacy Law authorizes the board, during a declared federal, state, or local emergency, to waive application of any provision of the Pharmacy Law or the regulations adopted pursuant to it, if, in the boards opinion, the waiver will aid in the protection of public health or the provision of patient care. Existing law authorizes the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 90 days following the termination of a declared public emergency if, in the boards opinion, the continued waiver will aid in the protection of public health or the provision of patient care.

This bill would instead authorize the board to elect to continue to waive application of any provision of the Pharmacy Law for up to 120 days following the termination of a declared emergency.

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Angelique Ashby, Chair

2025 - 2026 Regular

Bill No: AB 529 Hearing Date: June 9, 2025

Subject: Pharmacy: declared state of emergency

SUMMARY:

Authorizes the Board of Pharmacy (Board or BOP) to waive the Pharmacy Law for up to 120 days, rather than 90 days, following the end of a declared emergency.

Existing law:

1. Establishes the Pharmacy Law. (Business and Professions Code (BPC) §§ 4000 et seq.)
2. Establishes the Board to administer and enforce the Pharmacy Law. (BPC § 4001)
3. Authorizes the Board to take various actions in a declared federal, state, or local emergency, including waiving any provisions of the Pharmacy Law or Board regulations if, in the Board’s opinion, the waiver will aid in the protection of public health or the provision of patient care. Authorizes the Board to elect to continue to waive application of any provision of the Pharmacy Law for 90 days following the termination of the declared emergency if, in the Board’s opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care (BPC § 4062)
4. Exempts health care practitioners licensed in another state from licensure in California if they provide health care during a state of emergency upon the request of the Director the Emergency Medical Services Authority. (BPC § 900)

This bill authorizes the Board to waive the Pharmacy Law for up to 120 days, rather than 90 days, following the end of a declared emergency.

FISCAL EFFECT:

This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, the bill will result in minor and absorbable costs to the Board to provide education and update the Board’s administrative manual.

COMMENTS:

1. Purpose. The Author is the Sponsor of this bill. According to the Author, “Whether our communities in California are facing devastating wildfires, a global pandemic, or another emergency, it is critical that they maintain access to the medication they need. The Board of Pharmacy has shown its ability to act quickly to waive provisions of law necessary to protect patients and preserve crucial pharmacy services. AB 529 will provide the Board with greater flexibility to keep these waivers in place when they are still needed.”
2. Background. Regulatory programs within the jurisdiction of the Department of Consumer Affairs issue about 3.5 million licenses, certificates, and approvals to individuals and businesses in over 250 categories.

Within the DCA are 38 entities, including 26 boards, eight bureaus, two committees, one program, and one commission (hereafter “boards” unless otherwise noted). Collectively, these boards regulate more than 100 types of businesses and 200 different industries and professions. As regulators, these boards perform two primary functions:

• Licensing—which entails ensuring only those who meet minimum standards are issued a license to practice, and
• Enforcement—which entails investigation of alleged violations of laws and/or regulations and taking disciplinary action, when appropriate.

DCA boards are semiautonomous regulatory bodies with the authority to set their own priorities and policies and take disciplinary action on their licensees. DCA has direct control and authority over bureaus.

On March 30, 2020, the Governor issued Executive Order N-39-20 authorizing the Director of DCA to waive any statutory or regulatory professional licensing relating to healing arts during the duration of the COVID-19 pandemic

Pharmacy Law expressly authorizes the Board to waive provisions of Pharmacy Law during a state of emergency if, in the Board’s opinion, the waiver will aid in the protection of public health or the provision of patient care.

As noted in its 2020 Sunset Oversight Review Supplemental Report, during the initial phase of the pandemic, the Board itself reviewed and approved broad and site-specific waivers but also, to allow more flexibility in responding to waiver requests, the Board delegated authority to the Board’s President to review and make final determination on waiver approvals. The Board’s president was authorized grant a waiver for 90 days, and had the authority to extend waivers for two additional 90-day periods, as appropriate.

Between March 2020 and November 2020, the Board granted approximately 300 site-specific waivers along with 21 broad waivers, which typically included conditions for use and recordkeeping requirements to demonstrate compliance with the conditions. In addition, one broad waiver provided authority for the Board to reinstate a license under specified conditions or extend an intern license that would have otherwise expired. As of July 1, 2020, the Board had extended 692 intern licenses and reinstated 194 licenses.

In addition to the Board’s actions during the COVID-19 pandemic, the Board frequently uses its authority to waive provisions of law during natural disasters. For example, during devastating wildfires such as the Tubbs Fire in 2017, the Camp Fire in 2018, and the Dixie Fire in 2021, the Board issued waivers allowing pharmacists to provide emergency refills, temporary relocation of pharmacies, and mobile pharmacy operations. Similar waivers have been granted during large earthquakes, severe storms and floods, and prolonged power outages.

While the Pharmacy Law only allows these waivers to be granted during a declared emergency, the Board is given discretion to maintain a waiver following the termination of the emergency for up to 90 days “if, in the Board’s opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.” This bill would extend that authority to allow waivers to remain in effect for up to 120 days following the termination of a declared emergency. The author contends that this flexibility has been thoroughly justified throughout the various emergencies that California has faced in recent years, ranging from the COVID-19 pandemic to the catastrophic wildfires that have struck Southern California and other regions of the state over the past year.

1. Related Legislation. SB 641 (Ashby) is an urgency measure that, among other provisions, supports licensed professionals impacted by a wildfire or natural disaster by waiving various licensure requirements during a declared state of emergency. (Status: The bill is pending in the Senate).

AB 1503 (Committee on Business and Professions) is the Board’s current sunset review vehicle. (Status: The bill is pending in the Assembly).

1. Arguments in Support. The Board writes that “its authority to waive provisions of Pharmacy Law and its regulations is vital to aid in the protection of public health and ensure the continued provisions of patient care during declared emergencies.”

HealthNet notes that the extended authority in this bill will allow more time for residents to access care and medications.

According to the Health Officers Association of California, the added flexibility in this bill “ ensures that regulatory relief can better match the realities on the ground when health systems, providers and patients are still experiencing the impacts of an emergency – even after the formal declaration has ended.”

Mental Health America of California states that the extended timeframe in this bill expands access to care and medications as communities transition from crisis intervention to rehabilitation.

SUPPORT AND OPPOSITION:

Support:

California State Board of Pharmacy
Health Net and its Affiliated Companies
Health Officers Association of California
Mental Health America of California

Opposition:

None received

-- END --

Date of Hearing: April 23, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 529

Author:(Ahrens) – As Introduced Ver:February 11, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends, from 90 days to 120 days, the length of time beyond the end of a declared federal, state, or local emergency for which the Board of Pharmacy (Board) may waive application of provisions of the Pharmacy Law and regulations.

FISCAL EFFECT:

Minor and absorbable costs to the Board to provide education and update the Board’s administrative manual.

COMMENTS:

1. Purpose. According to the author:

Whether our communities in California are facing devastating wildfires, a global pandemic, or another emergency, it is critical that they maintain access to the medication they need. The Board of Pharmacy has shown its ability to act quickly to waive provisions of law necessary to protect patients and preserve crucial pharmacy services. [This bill] will provide the Board with greater flexibility to keep these waivers in place when they are still needed.

1. Background. During a declared federal, state, or local emergency, the Pharmacy Law authorizes the Board to “waive application of any provisions of [the Pharmacy Law] or the regulations adopted pursuant to it if, in the Board’s opinion, the waiver will aid in the protection of public health or the provision of patient care.” For example, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency as a result of the COVID-19 pandemic. Following the Governor’s emergency declaration, the Board established a waiver request process through which licensees and members of the public could request a waiver of law. This process enabled the Board to grant either site-specific waivers or more general “broad waivers.” The Board delegated authority to its president to review and make final determinations on all waiver approvals, which could then be granted for up to 90 days with authority to extend waivers for two additional 90-day periods.
   
   Between March 2020 and November 2020, the Board granted approximately 300 site-specific waivers along with 21 broad waivers, which typically included conditions for use and recordkeeping requirements to demonstrate compliance with the conditions. In addition, one broad waiver provided authority for the Board to reinstate a license under specified conditions or extend an intern license that would have otherwise expired. As of July 1, 2020, the Board had extended 692 intern licenses and reinstated 194 licenses.
   
   The Board frequently uses its authority to waive provisions of law during natural disasters. For example, during major wildfires such as the Tubbs Fire in 2017, the Camp Fire in 2018, and the Dixie Fire in 2021, the Board issued waivers allowing pharmacists to provide emergency refills, temporary relocation of pharmacies, and mobile pharmacy operations. Similar waivers have been granted due to large earthquakes, severe storms and floods, and prolonged power outages.
   
2. Prior Legislation.
   
   AB 690 (Aguiar-Curry), Chapter 679, Statutes of 2019 established qualifications for a pharmacy technician working at a remote dispensing site pharmacy and allows for a pharmacy license to be transferred in a declared state of emergency.
   
   SB 569 (Stone), Chapter 705, Statutes of 2019 provided the Board with discretion to authorize pharmacists to fill prescriptions for controlled substances regardless of whether there is a valid prescription form for that drug during a declared emergency.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 529

Author:(Ahrens) – As Introduced Ver:February 11, 2025

SUBJECT: Pharmacy: declared state of emergency.

SUMMARY: Increases the existing statutory duration for which the California State Board of Pharmacy (Board) may extend waivers of pharmacy laws and regulations beyond the termination of a declared emergency from 90 days to 120 days.

EXISTING LAW:

1. Establishes the Pharmacy Law. (Business and Professions Code (BPC) §§ 4000 et seq.)
2. Establishes the Board to administer and enforce the Pharmacy Law, comprised of seven pharmacists and six public members. (BPC § 4001)
3. Provides that protection of the public shall be the highest priority for the Board in exercising its licensing, regulatory, and disciplinary functions. (BPC § 4001.1)
4. Authorizes the Board to adopt rules and regulations as may be necessary for the protection of the public. (BPC § 4005)
5. Prohibits a pharmacist from furnishing a dangerous drug without a prescription from a physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic doctor, with certain exceptions. (BPC § 4059)
6. Authorizes the Board to waive application of any provisions of the Pharmacy Law or its own application during a declared federal, state, or local emergency and for up to 90 days following the termination of that declared emergency. (BPC § 4062)

THIS BILL:

1. Extends the period of time that the Board is authorized to continue waiving provisions of the Pharmacy Law or its regulations following the termination of a declared emergency from 90 days to 120 days.

FISCAL EFFECT: Unknown; this bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author:

Whether our communities in California are facing devastating wildfires, a global pandemic, or another emergency, it is critical that they maintain access to the medication they need. The Board of Pharmacy has shown its ability to act quickly to waive provisions of law necessary to protect patients and preserve crucial pharmacy services. AB 529 will provide the Board with greater flexibility to keep these waivers in place when they are still needed.

Background. During a declared federal, state, or local emergency, the Pharmacy Law currently authorizes the Board to “waive application of any provisions of [the Pharmacy Law] or the regulations adopted pursuant to it if, in the Board’s opinion, the waiver will aid in the protection of public health or the provision of patient care.” Section 8558 of the Government Code broadly defines a “state of emergency” as follows:

[The] duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.

For example, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency as a result of the impacts of the COVID-19 pandemic. Following the Governor’s emergency declaration, the Board established a waiver request process through which licensees and members of the public may request a waiver of law. This process enabled the Board to grant either site-specific waivers or more general “broad waivers.” The Board delegated authority to its President to review and make final determinations on all waiver approvals, which could then be granted for up to 90 days with authority to extend waivers for two additional 90-day periods.

Between March 2020 and November 2020, the Board granted approximately 300 site-specific waivers along with 21 broad waivers, which typically included conditions for use and recordkeeping requirements to demonstrate compliance with the conditions. In addition, one broad waiver provided authority for the Board to reinstate a license under specified conditions or extend an intern license that would have otherwise expired. As of July 1, 2020, the Board had extended 692 intern licenses and reinstated 194 licenses.

In addition to the Board’s actions during the COVID-19 pandemic, the Board frequently uses its authority to waive provisions of law during natural disasters. For example, during devastating wildfires such as the Tubbs Fire in 2017, the Camp Fire in 2018, and the Dixie Fire in 2021, the Board issued waivers allowing pharmacists to provide emergency refills, temporary relocation of pharmacies, and mobile pharmacy operations. Similar waivers have been granted during large earthquakes, severe storms and floods, and prolonged power outages.

While the Pharmacy Law only allows these waivers to be granted during a declared emergency, the Board is given discretion to maintain a waiver following the termination of the emergency for up to 90 days “if, in the Board’s opinion, the continued waiver will aid in the protection of the public health or in the provision of patient care.” This bill would extend that authority to allow waivers to remain in effect for up to 120 days following the termination of a declared emergency. The author contends that this flexibility has been thoroughly justified throughout the various emergencies that California has faced in recent years, ranging from the COVID-19 pandemic to the catastrophic wildfires that have struck Southern California and other regions of the state over the past year.

Current Related Legislation. AB 1503 (Committee on Business and Professions) is the Board’s current sunset review vehicle. This bill is pending in this committee.

Prior Related Legislation. AB 690 (Aguiar-Curry), Chapter 679, Statutes of 2019 established qualifications for a pharmacy technician working at a remote dispensing site pharmacy and allows for a pharmacy license to be transferred in a declared state of emergency.

SB 569 (Stone), Chapter 705, Statutes of 2019 provided the Board with discretion to authorize pharmacists to fill prescriptions for controlled substances regardless of whether there is a valid prescription form for that drug during a declared emergency.

ARGUMENTS IN SUPPORT:

Mental Health America of California writes in support of this bill: “A state of emergency can arise in various forms, including epidemics, power outages, extreme weather, and natural disasters such as floods, earthquakes, and wildfires. During such emergencies the availability of resources and public services become scarce, such as access to healthcare services and medication. During times of great stress, Individuals may develop, or experience heightened, mental health challenges increasing the need for these vital services. While the Board of Pharmacy may currently waive provisions of the pharmacy law for up to 90 days after the end of a state of emergency to allow mobile clinics and pharmacies to operate, it can take more than 90 days to rebuild a community and for any sense of normalcy to return. This bill would allow for an additional 30 days for a total of 120 days expanding access to care and medications as communities transition from crisis intervention to rehabilitation.”

ARGUMENTS IN OPPOSITION:

No opposition on file.

REGISTERED SUPPORT:

Mental Health America of California

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Robert Sumner / B. & P. / (916) 319-3301