Pending Regulations (Last Updated 11/15/2024)
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):
Once the Board approves the initial proposed text, board staff prepare the initial rulemaking package that is submitted for pre-review and approval by the following agencies, a process that may take six months or longer:
- Department of Consumer Affairs (DCA) – Legal Office,
- DCA – Legislative and Regulatory Review,
- Business, Consumer Services and Housing Agency,
Once the initial rulemaking package is approved, 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. 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.
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.
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 final review and approval by the following agencies, a process that may take six months or longer:
- Department of Consumer Affairs (DCA) – Legal Office,
- DCA – Legislative and Regulatory Review,
- Business, Consumer Services and Housing Agency,
- Department of Finance, and
- 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/
| Discontinuance of Business | Documents |
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Amend section 1708.2 of Title 16, Division 17, Article 2 of the California Code of Regulations Chronology and Status Board Approved Proposed Text for Rulemaking: April 24, 2024 45–Day Comment Period: November 15, 2024 to December 30, 2024 Current Status: Open Comment Period |
| Independent HIV Preexposure Prophylaxis Furnishing - Permanent | Documents |
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Amend section 1747 of Title 16, Division 17, Article 5 of the California Code of Regulations Chronology and Status Board Approved Proposed Text for Rulemaking: April 24, 2024 45–Day Comment Period: September 20, 2024 to November 4, 2024 Current Status: Comments Pending Review by Board |
| Pharmacy Technician Certification Programs Documents | Documents |
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Amend section 1793.65 of Title 16, Division 17, Article 11 of the California Code of Regulations Chronology and Status Board Approved Proposed Text for Rulemaking: February 8, 2024 45–Day Comment Period: August 23, 2024 to October 7, 2024 Current Status: With Board Staff for Final Rulemaking File |
| Quality Assurance Programs | Documents |
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Amend section 1711 of Title 16, Division 17, Article 2 of the California Code of Regulations Chronology and Status Board Approved Proposed Text for Rulemaking: February 7, 2024 45–Day Comment Period: August 9, 2024 to September 23, 2024 15-Day Comment Period: November 15, 2024 to December 2, 2024 Current Status: Comments Pending Review by Board |
| Pharmacy Technician Fee Schedule | Documents |
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Amend section 1749(c) of Title 16, Division 17, Article 6 of the California Code of Regulations Chronology and Status Board Approved Proposed Text for Rulemaking: April 24, 2024 45–Day Comment Period: July 26, 2024 to September 9, 2024 Current Status: Undergoing Final Review by the Office of Administrative Law |
| Compounded Drug Preparations | Documents |
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Repeal sections 1708.3, 1708.4, 1708.5 of Title 16, Division 17, Article 2 of the California Code of Regulations Add new sections 1735 et seq of Title 16, Division 17, Article 4.5 of the California Code of Regulations Chronology and Status Board Approved Proposed Text for Rulemaking: January 28, 2022 45–Day Comment Period: April 19, 2024 to June 3, 2024 Regulation Hearing: June 18, 2024 at 9:00 a.m. Regulation Hearing: https://youtu.be/VDderHcJsEY 30–Day Comment Period: November 8, 2024 to December 9, 2024 Current Status: Open Comment Period |
| Designation of Pharmacist-in-Charge | Documents |
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Amend section 1709.1 of Title 16, Division 17, Article 2 of the California Code of Regulations Chronology and Status Board Approved Proposed Text for Rulemaking: January 28, 2022 45–Day Comment Period: November 17, 2023 to January 2, 2024 15–Day Comment Period: April 29, 2024 to May 14, 2024 15-Day Comment Period: October 17, 2024 to November 1, 2024 Current Status: Undergoing Final Review by the Office of Administrative Law |