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Board schedules public hearing on petition to clarify ’pharmacist‑in‑charge’ rule
Summary
The California State Board of Pharmacy voted unanimously to authorize staff to set a public hearing on a petition asking the board to clarify Title 16, section 1709.1, which addresses the pharmacist‑in‑charge employment requirement; the petition provided no proposed regulatory language.
The California State Board of Pharmacy voted on Nov. 5 to authorize its executive officer to schedule a public hearing on a petition to amend or clarify the regulation that defines the pharmacist in charge.
The petition, received Oct. 7, asks the board to clarify the first sentence of California Code of Regulations, title 16, section 1709.1 — the provision that states a pharmacist in charge (PIC) “shall be employed at that location.” Because the petitioner did not include proposed regulatory text, staff recommended scheduling a hearing to solicit public comment and suggested language for the board to consider.
“Today, we are required to act on the petition to ensure the board meets its obligation to respond within the time frame established in the government code,” President Sung Oh said before opening discussion. Staff explained the board’s duties under Government Code section 11340.6, which requires agencies to either deny such a petition in writing or schedule a public hearing within 30 days of receipt.
Board member Satinder Sandu moved to authorize the executive officer to set the matter for hearing; Ricardo Sanchez seconded. Satinder noted that clarification would be useful. The board conducted a roll‑call vote and approved the motion unanimously.
Jennifer Robbins, the board’s regulation counsel, was available to answer legal questions during the discussion but did not propose regulatory language during the open session. Staff said comments received at the hearing will be provided to the board for consideration at a future meeting.
Next steps: staff will set and publicly notice the hearing date; comments received during that hearing will be presented to the board for potential regulatory action at a later meeting.
