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2015 Op. Cal. Att'y Gen. 1 (2015)

handle is hein.sag/sagca0162 and id is 1 raw text is: 




TO BE PUBLISHED IN THE OFFICIAL REPORTS


                    OFFICE OF THE ATTORNEY GENERAL
                               State of California

                            KAMALA D. HARRIS
                               Attorney General




               OPINION                               No. 13-202

                  of                                April 8, 2015

         KAMALA D. HARRIS
           Attorney General

           BRUCE M. SLAVIN
        SUSAN DUNCAN LEE
        Deputy Attorneys General






      VIRGINIA HEROLD, EXECUTIVE OFFICER FOR THE CALIFORNIA
BOARD OF PHARMACY, has requested an opinion on the following questions:

      1. Is the law that prescribes the development and issuance of uniform standards
for healing arts boards to use in dealing with their substance-abusing licensees invalid
either (a) for vagueness or (b) as an improper delegation of legislative authority to the
committee charged with formulating the standards?

      2. To be effective, must the uniform standards be adopted as regulations under
the Administrative Procedure Act, and, if so, by what entities?

      3. May individual healing arts boards adopt regulations defining the term
substance-abusing licensees for purposes of determining which of their licensees are
subject to the uniform standards?



                                                                        13-202

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