Madam Chair and members of the Alabama Sunset Committee voted to include a proposed comprehensive rewrite of the State Board of Pharmacy chapter in the committee's sunset legislation after extended discussion of the bill's scope and risks. Representative Underwood and Senator Kelly presented the measure and described multiple structural changes the draft would make to clarify fees, fines and the board's disciplinary procedures.

The bill would add four seats to the board's membershiptwo registered pharmacy technicians, one at-large member and one at-large health-care professionaland limit service to two terms. The draft also would require the newly composed board to appoint a new secretary who may not have served on the board in the preceding five years. Representative Underwood said the changes also resolve redundancies and conflicting code provisions that have led to inconsistent application of fees and fines and that the rewrite clears up inconsistent language in the existing code.

The reason that it's 32 pages is because clearing up the language that provides confusion in there, Representative Underwood said, adding that the draft removes the board's authority to impose non-disciplinary administrative penalties and clarifies when civil penalties and fees may be assessed. The bill also would split general counsel functions into an administrative division and a disciplinary division, with a prohibition on sharing administrative-division information with the disciplinary division except when there is a belief a criminal act has occurred.

Committee members debated whether to attach the rewrite to the sunset bill or handle it as a separate bill. Several members expressed concern that a lengthy, controversial rewrite carried the risk that the entire board could lapse if the legislation did not survive the regular legislative process. Senator Kelly said the committee's recommendation would go through the normal legislative steps and could be amended in either chamber as needed.

After discussion and concern expressed by several members about the bill's length and potential for controversy, the committee voted on Senator Kelly's motion to include the pharmacy rewrite in the sunset package. The roll call and recorded statements in committee show four members voting in favor and three opposed; the chair announced, with Miss Coleman's aye, that's 4 yays and 3 nays, and the motion passed. Committee members asked sponsors to provide talking points and to work the bill through the House and Senate to address concerns raised during the debate.

Several members said they wanted continued oversight of the board if the changes are adopted. Representative Shedd and others said they expect updates and monitoring during the bill's implementation and in the follow-up sunset review period.

The bill as drafted will now be advanced by sponsors into the legislative process; committee members stated they expect the draft to be amended in the normal course of floor and committee debate and urged sponsors to brief other legislators before floor consideration.