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California State Board of Pharmacy

Pending Regulations (Last Updated 10/16/2017)

To promulgate a regulation, the board must follow the rulemaking procedures specified in the Administrative Procedures Act and regulations adopted by the Office of Administrative Law (OAL). The general process is summarized below (note: the board may stop pursuing a regulation at any point in the process):

  1. Once the board approves the initial proposed text, a “notice of proposed action” is published and disseminated by OAL and the board. This begins a 45-day comment period to allow the public time to submit written comments. At the close of the 45-day comment period, a regulation hearing may be held to allow for oral comments to be submitted.
  2. After the comment period has ended and any testimony taken, the board will review the comments and determine if changes are necessary in the text in response to the comments.
  3. If changes are made, the modified text must be noticed for a 15-day comment period, followed by a board review of the comments, and possible modification of the proposed regulation again (no additional regulation hearing is scheduled).  If significant changes are made, the board may start a new rulemaking process with a new 45-day comment period. 

    Whenever changes are made following a 15-day comment period, the process repeats until no additional changes are made by the board.

  4. After any comment period, when the board declines to modify the regulation, the board adopts the regulation and directs staff to compile the rulemaking file.

Once the Board adopts the final regulation text, board staff prepare a final rulemaking package that is submitted for review and approval by the following agencies, a process that may take six months:

  1. Department of Consumer Affairs (DCA) – Legal Office,
  2. DCA – Legislative and Regulatory Review,
  3. Business, Consumer Services and Housing Agency,
  4. Department of Finance, and
  5. the Office of Administrative Law.

Once approved by OAL, the regulation becomes effective on the first day of the following quarter, unless the board requests and is granted an earlier effective date by OAL. Additional information can be found on OAL’s website at the follow link: http://www.oal.ca.gov/rulemaking_process/regular_rulemaking_process/

Fee Schedule

Title 16, California Code of Regulations
Sections 1749

Chronology and Status

Board Approved Proposed Text for Rulemaking: October 27, 2016

45-Day Comment Period: April 14, 2017 – May 30, 2017

Current Status: Undergoing Review by the Department of Consumer Affairs

Inventory Reconciliation Report of Controlled Substances

Title 16, California Code of Regulations
Sections 1715.65

Chronology and Status

Board Approved Proposed Text for Rulemaking: July 28, 2016

45-Day Comment Period: September 16, 2016 – October 31, 2016

15-Day Comment Period: December 23, 2016 to January 7, 2017

15-Day Comment Period: May 16, 2017 to May 31, 2017

Current Status: Undergoing Review by the Department of Consumer Affairs
Disciplinary Guidelines

Title 16, California Code of Regulations
Sections 1760

Chronology and Status

Board Approved Proposed Text for Rulemaking: July 29, 2015

45-Day Comment Period: September 4, 2015 to October 19, 2015

15-Day Comment Period: December 22, 2015 to January 6, 2016

15-Day Comment Period: April 6, 2016 to April 21, 2016

15-Day Comment Period: March 15, 2017 to March 29, 2017

Current Status: Undergoing Review by the Department of Consumer Affairs