(a) Beginning with any vacancies existing on the effective date of this act, and as terms expire or vacancies occur thereafter, the State Board of Pharmacy shall consist of the Commissioner of Professional and Occupational Affairs, the Director of the Bureau of Consumer Protection in the Office of Attorney General, or his designee, two persons representing the public at large, and five persons who are licensed to practice pharmacy in this Commonwealth and who are not teachers or instructors in any educational institution teaching pharmacy. Two pharmacists shall be appointed from independent retail pharmacies, two pharmacists shall be appointed who are employes of retail chain pharmacies which operate five or more pharmacies licensed within this Commonwealth and one pharmacist shall be appointed from an acute care institutional pharmacy. Each pharmacist appointee must have been registered as a pharmacist for at least five years immediately preceding their appointment. All professional and public members of the board shall be appointed by the Governor with the advice and consent of a majority of the members elected to the Senate.

(b) The terms of each professional and public member of the board shall be six years, or until a successor has been appointed and qualified, but not longer than six months beyond the six-year period. In the event that any of said members shall die or resign or otherwise becomes disqualified during his or her term, a successor shall be appointed in the same way and with the same qualifications and shall hold office for the unexpired term. No member shall be eligible for appointment to serve more than two consecutive terms.

(c) A majority of the members of the board serving in accordance with law shall constitute a quorum for purposes of conducting the business of the board. Except for temporary and automatic suspensions under section 7(d.1) and (d.2) of this act,¹ a member may not be counted as a part of a quorum or vote on any issue unless he or she is physically in attendance at the meeting.

(d) The board shall select annually a chairman from among its members.

(e) The board shall select an executive secretary who, with the approval of the Commissioner of Professional and Occupational Affairs, need not be a member of the board but who shall be a registered pharmacist. The executive secretary shall be paid such compensation as determined by the board, after consultation with the Commissioner of Professional and Occupational Affairs. The executive secretary shall establish guidelines and information, with the concurrence of the board, for the training of inspectors within the Department of State who are responsible for inspecting pharmacies, and shall perform such other duties as the board may require.

(f) Each member of the board, except the Commissioner of Professional and Occupational Affairs and the Director of the Bureau of Consumer Protection, shall receive sixty dollars ($60) per diem when actually attending to the work of the board. Members shall also receive the amount of reasonable traveling, hotel and other necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations.

(g) The board is subject to evaluation, review and termination within the time and in the manner provided in the act of December 22, 1981 (P.L. 508, No. 142), known as the “Sunset Act.”²

(h) A member of the board who fails to attend three consecutive meetings shall forfeit his or her seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of a family member.

(i) A public member who fails to attend two consecutive statutorily mandated training seminars in accordance with section 813(e) of the act of April 9, 1929 (P.L. 177, No. 175), known as “The Administrative Code of 1929,”³ shall forfeit his seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the public member, finds that the public member should be excused from a meeting because of illness or the death of a family member.

(j) The board shall meet at least once every two months and at such additional times as may be necessary to conduct the business of the board.

(k) The board shall have the power, and it shall be its duty:

(l) The powers and duties of the board, as enumerated in subsection (k) of this section, shall not be applicable to manufacturers and distributors as defined in “The Controlled Substance, Drug, Device and Cosmetic Act” or to their operations as such.

(m) The board shall have the authority to issue subpoenas, upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before the board, for the purpose of investigating alleged violations of the disciplinary provisions administered by the board. The board shall have the power to subpoena witnesses, to administer oaths, to examine witnesses and to take such testimony or compel the production of such books, records, papers and documents as it may deem necessary or proper in, and pertinent to, any proceeding, investigation or hearing held or had by it. Patient records may not be subpoenaed without consent of the patient or without order of a court of competent jurisdiction on a showing that the records are reasonably necessary for the conduct of the investigation. The court may impose such limitations on the scope of the subpoena as are necessary to prevent unnecessary intrusion into patient confidential information. The board is authorized to apply to Commonwealth Court to enforce its subpoenas.