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§ 780-131. Board creation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)
35 P.S. § 780-131
§ 780-131. Board creation
(a) There is hereby created within the Department of Health a departmental administrative board to be known as the “Pennsylvania Drug, Device and Cosmetic Board.”
(b) The board shall consist of the Secretary of Health, his successors in office, and ten additional members whom the Governor shall appoint, by and with the consent of a majority of all the members of the Senate. Of the members: one shall be a physician, one a dentist, one a veterinarian, one a psychologist or psychiatrist and one a pharmacist, each of whom shall be duly licensed in their respective professions by the Commonwealth; one shall be a biochemist and one shall be a pharmacologist, each of whom shall have earned an advanced degree in that field from an institution of higher learning and shall have been engaged as such for three years in this State; one shall be a manufacturer registered to manufacture drugs or an employe thereof; and the two remaining persons shall be members of the general public not engaged in any of the aforementioned but one of whom shall be well informed on the problems caused by the abuse and misuse of drugs or other chemicals. Two members initially shall serve for terms of one, two, three and four years, respectively, the particular term of each to be designated by the Governor at the time of appointment. Any additional member, the appointment of whom is authorized by amending act, shall serve for a term of four years. Thereafter, the term of office of each member shall be four years from his appointment, or until his successor has been appointed and qualified, but no longer than six months beyond the four-year period. In the event that any member shall die or resign or otherwise become disqualified during his term of office, his successor shall be appointed in the same way and with the same qualifications as above set forth and shall hold office for the unexpired term. Any appointed member of the board shall be eligible for reappointment. Each member, who is not otherwise an officer or employe of the Commonwealth, when actually engaged in official meetings or otherwise in the performances of his official duties as directed by the chairman, shall receive sixty dollars ($60) per diem and shall receive, in addition, the amount of reasonable travel, hotel and other necessary expenses incurred in performing his duties for the board.
(b.1) The department shall provide the public members of the board with orientation and training.
(c) The Secretary of Health, or his designate, shall serve as chairman of the board. A majority of the members shall constitute a quorum for the purpose of organizing the board, conducting its business, and exercising all of its powers. A vote of the majority of the members present shall be sufficient for all actions of the board unless the bylaws require a greater number. The board shall meet at least four times yearly. A member of the board who fails to attend three consecutive meetings shall forfeit his seat unless the Secretary of Health, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of an immediate family member.
(d) The board shall have the power to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the body is conducted and the manner in which the powers granted to it are exercised. The board may delegate supervision of the administration of board activities to an administrative secretary and such other employes as the Secretary of Health shall appoint.
(e) The board shall have the power to do all things necessary or convenient to carry out the powers granted to it by this act.
(f) The board may, for the authentication of its records, process and proceedings, adopt, keep and use a common seal of which seal judicial notice shall be taken in all courts of this Commonwealth and any process, writ, notice or other document, which the board may be authorized by law to issue, shall be deemed sufficient if signed by the chairman or secretary of the board and authenticated by such seal. All acts, proceedings, orders, papers, findings, minutes and records of the board, and all reports and documents filed with the board, may be proved in any court of this Commonwealth by a copy thereof certified to by the chairman or secretary of the board with the seal of the board attached.
(g) In order to enable the board to carry out the provisions of this act, including its power to advise the secretary on various matters, it shall have the power to issue subpoenas, requiring the attendance and testimony of, or the production of, pertinent books and papers by persons whom the board believes to have information, books or papers of importance to it in carrying out the purposes and intent of this act. Each member of the board and such officers, employes or others employed in the work of the board designated by the chairman of the board also shall have the power to administer oaths and affirmations, to question witnesses thereunder, and to examine such books and papers. The board may issue commissions, letters rogatory, or other appropriate processes outside the Commonwealth.
(h) Any person who refuses to obey a subpoena issued hereunder, or to be sworn or affirmed, or to testify, or who is guilty of any contempt after summons to appear, may be punished as for contempt of court. For this purpose an application may be made by the board to the court of common pleas within the territorial jurisdiction of which the offense was committed, for which purpose, such court is hereby given jurisdiction.

Credits

1972, April 14, P.L. 233, No. 64, § 31, eff. June 14, 1972. Amended 1985, Dec. 20, P.L. 373, No. 105, § 1, Jan. 1, 1986.
35 P.S. § 780-131, PA ST 35 P.S. § 780-131
Current through 2020 Regular Session Act 77. Some statute sections may be more current, see credits for details.
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