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Committee supports broadening CCR §1707 to allow waivers for formally licensed entities
Summary
Members reviewed a staff proposal to amend CCR Title 16 §1707 to extend off‑site records waiver eligibility to formally licensed entities (not only licensees specified elsewhere); public comment sought clarity about 'premises' wording and staff and counsel said the draft aligns with Business and Professions Code references.
The licensing committee reviewed a staff recommendation to amend California Code of Regulations, Title 16, section 1707, to broaden the board's existing waiver authority for off‑site storage of records so the provision clearly applies to entities with formal licenses.
Chair S. Oo told members the draft language is intended to close a regulatory gap and make the waiver authority more explicit. Members asked whether the proposed two‑day production requirement in the draft should remain consistent with existing three‑day document production references in related statutes or regulations. Counsel and staff explained that the conforming language is intended to align the regulation with the cited Business and Professions Code provisions and that subsection H creates the new waiver framework.
A public commenter (Dr. Gray) suggested that replacing the phrase 'area of the pharmacy' with 'premises' could broaden the rule beyond the licensed space; Dr. Gray recommended text such as 'outside the licensed pharmacy premises' to avoid unintentionally including unrelated rooms in a building. Board counsel (DP) and staff explained the intent was to permit contiguous space adjacent to a licensed pharmacy and to conform language to existing BPC references to 'premises.'
The committee took no final regulatory action at the meeting but agreed to include the proposed draft language in the packet to the full board and to move the draft forward for consideration at the full board meeting. Staff will prepare explanatory notes and the rulemaking package for the board's vote on whether to initiate formal rulemaking.
What happens next: Staff will finalize conforming edits and provide the draft rule and supporting materials to the full board for the initiation vote required to begin formal rulemaking.
