Compounding pharmacists and others ask legislature to investigate Board of Pharmacy enforcement and budget practices

Several compounding pharmacists, individual licensees and patient advocates urged the legislature to review the California State Board of Pharmacy’s enforcement practices and budget priorities during the joint sunset hearing.

One pharmacist who said board staff pursued an enforcement case that ultimately resulted in limited cost recovery told the committee that they were not offered an informal conference and that the administrative law judge largely rejected the board’s main accusations. The speaker urged legislative action to increase transparency and suggested the board defer more to judicial findings.

Other commenters said the board’s enforcement actions and public statements have led compounding pharmacies to close or to stop providing certain compounded products. Multiple speakers requested a formal oversight investigation, reinstatement of community compounding expertise on the board, and another sunset review next year to ensure consistency and accountability in enforcement.

Board officials said the board prioritizes prevention, education, licensing, policy development and enforcement, and that its enforcement focuses on imminent threats to public safety. They said public comment and rulemaking are extensive and that the board has made multiple text modifications in response to stakeholder input; however, critics at the hearing contended that enforcement has outpaced rulemaking and that the practical effect has been to curtail access to legal compounded drugs.

No formal oversight action was adopted at the hearing; committee chairs and members said they would continue to receive stakeholder input.