BILL NUMBER: SB 960 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2014
AMENDED IN SENATE APRIL 7, 2014
INTRODUCED BY Senator Morrell
FEBRUARY 6, 2014
An act to add amend Section
4310.5 to 4315 of the Business and Professions
Code, relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
SB 960, as amended, Morrell. Pharmacy.
Existing law, the Pharmacy Law, provides for the regulation and
licensure of pharmacists by the California State Board of Pharmacy.
Existing law authorizes the executive officer of the board, or his or
her designee, to issue a letter of admonishment to a licensee for
the failure to comply with specified requirements. Existing law
requires a letter of admonishment to be in writing, and sets forth
procedures to contest or comply with a letter of admonishment.
This bill would further authorize the executive officer of the
California State Board of Pharmacy, or his or her designee, to issue
a letter of admonishment to an applicant for licensure who has
committed any violation of law that the board deems, in its
discretion, does not merit the denial of a license or require
probationary status. The bill would authorize a letter of
admonishment to be issued concurrently with a license.
Existing law, the Pharmacy Law, provides for the regulation and
licensure of pharmacists by the California State Pharmacy Board.
Existing law authorizes the board to refuse to license an applicant
guilty of unprofessional conduct or to issue, at its sole discretion,
a probationary license to an applicant who has met all other
licensure requirements.
This bill would authorize the board to issue a license to an
applicant who has committed minor violations that the board deems, in
its discretion, do not merit the denial of a license or require
probationary status, and to concurrently issue a public letter of
reprimand, as specified. The bill would require the letter of
reprimand to, among other things, describe in detail the nature and
facts of the violation and inform the licensee that he or she may
accept the letter of reprimand without challenge or, within 30 days
of service of the letter, submit a written request for an office
conference to contest the letter of reprimand. The bill would require
the executive director of the board, or his or her designee, to hold
an office conference with the licensee and his or her legal counsel
or authorized representative, if any, within 30 days of receipt of
the request, as specified. The bill would authorize the executive
officer, or his or her designee, to affirm, modify, or withdraw the
letter of reprimand and would require the executive officer, or his
or her designee, to provide the licensee with a written decision
within 14 calendar days from the date of the office conference. The
bill would require a letter of reprimand issued concurrently with a
board license to be purged 3 years from the date of issuance, as
specified. The bill would require a letter of reprimand to be
disclosed to an inquiring member of the public and posted on the
board's Internet Web site.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4315 of the Business
and Professions Code is amended to read:
4315. (a) The executive officer, or his or her designee, may
issue a letter of admonishment to a licensee for failure to comply
with Section 733, for failure to comply with this chapter or
regulations adopted pursuant to this chapter, or for failure to
comply with Division 116 (commencing with Section 150200) of the
Health and Safety Code, directing the licensee to come into
compliance.
(b) The executive officer, or his or her designee, may issue a
letter of admonishment to an applicant for licensure who has
committed any violation of law that the board deems, in its
discretion, does not merit the denial of a license or require
probationary status under Section 4300. The letter of admonishment
may be issued concurrently with a license.
(b)
(c) The letter of admonishment shall be in
writing and shall describe in detail the nature and facts of the
violation, including a reference to the statutes or regulations
violated.
(c)
(d) The letter of admonishment shall inform
the licensee or applicant that within 30 days of service
of the order of admonishment the licensee or applicant may
do either of the following:
(1) Submit a written request for an office conference to the
executive officer of the board to contest the letter of admonishment.
(A) Upon a timely request, the executive officer, or his or her
designee, shall hold an office conference with the licensee or
applicant or the licensee's his or her
legal counsel or authorized representative. Unless so
authorized by the executive officer, or his or her designee, no
individual other than the legal counsel or his or her
authorized representative of the licensee may
accompany the licensee or applicant to the office
conference.
(B) Prior to or at the office conference, the licensee or
applicant may submit to the executive officer declarations and
documents pertinent to the subject matter of the letter of
admonishment.
(C) The office conference is intended to be an informal proceeding
and shall not be subject to the provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), Chapter 4.5
(commencing with Section 11400), and or
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code).
(D) The executive officer, or his or her designee, may affirm,
modify, or withdraw the letter of admonishment. Within 14 calendar
days from the date of the office conference, the executive officer,
or his or her designee, shall personally serve or send by certified
mail to the licensee's or applicant's address of record
with the board a written decision. This decision shall be deemed the
final administrative decision concerning the letter of admonishment.
(E) Judicial review of the decision may be had by filing a
petition for a writ of mandate in accordance with the provisions of
Section 1094.5 of the Code of Civil Procedure within 30 days of the
date the decision was personally served or sent by certified mail.
The judicial review shall extend to the question of whether or not
there was a prejudicial abuse of discretion in the issuance of the
letter of admonishment.
(2) Comply with the letter of admonishment and submit a written
corrective action plan to the executive officer documenting
compliance. If an office conference is not requested pursuant to this
section, compliance with the letter of admonishment shall not
constitute an admission of the violation noted in the letter of
admonishment.
(d)
(e) The letter of admonishment shall be
served upon the licensee or applicant personally or by
certified mail at the licensee's his or her
address of record with the board. If the licensee or
applicant is served by certified mail, service shall be
effective upon deposit in the United States mail.
(e)
(f) The licensee or applicant
shall maintain and have readily available a copy of the letter of
admonishment and corrective action plan, if any, for at least three
years from the date of issuance of the letter of admonishment.
(f)
(g) Nothing in this section shall in any way
limit the board's authority or ability to do either of the following:
(1) Issue a citation pursuant to Section 125.9, 148, or 4067
, or pursuant to Section 1775 of Title 16 of the California
Code of Regulations.
(2) Institute disciplinary proceedings pursuant to Article 19
(commencing with Section 4300).
SECTION 1. Section 4310.5 is added to the
Business and Professions Code, to read:
4310.5. (a) Notwithstanding subdivision (c) of Section 4300, the
board may issue a license to an applicant who has committed minor
violations that the board deems, in its discretion, do not merit the
denial of a license or require probationary status under Section
4300, and may concurrently issue a public letter of reprimand.
(b) The letter of reprimand shall be in writing and shall describe
in detail the nature and facts of the violation, including a
reference to the statutes or regulations violated.
(c) The letter of reprimand shall inform the licensee that within
30 days of service of the letter of reprimand the licensee may do
either of the following:
(1) Submit a written request for an office conference to the
executive officer of the board to contest the letter of reprimand.
(A) Within 30 days of receipt of the request, the executive
officer, or his or her designee, shall hold an office conference with
the licensee and the licensee's legal counsel or authorized
representative, if any. Unless authorized by the executive officer,
or his or her designee, no individual other than the legal counsel or
authorized representative of the licensee may accompany the licensee
to the office conference.
(B) Prior to or at the office conference, the licensee may submit
to the executive officer, or his or her designee, declarations and
documents pertinent to the subject matter of the letter of reprimand.
(C) The office conference is intended to be an informal proceeding
and shall not be subject to the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code).
(D) The executive officer, or his or her designee, may affirm,
modify, or withdraw the letter of reprimand. Within 14 calendar days
from the date of the office conference, the executive officer, or his
or her designee, shall personally serve or send by certified mail to
the licensee's address of record with the board a written decision.
This decision shall be deemed the final administrative decision
concerning the letter of reprimand.
(E) Judicial review of the decision may be had by filing a
petition for a writ of mandate in accordance with the provisions of
Section 1094.5 of the Code of Civil Procedure within 30 days of the
date the decision was personally served or sent by certified mail.
The judicial review shall extend to the question of whether or not
there was a prejudicial abuse of discretion in the issuance of the
letter of reprimand.
(2) The licensee may accept the letter of reprimand without
challenge. The board shall inform the licensee that the letter of
reprimand shall be purged after three years if no letter of
admonishment, citation, notice of correction, or disciplinary action
is initiated by the board within those three years.
(d) The letter of reprimand shall be served upon the licensee
personally or by certified mail at the applicant's address of record
with the board. If the applicant is served by certified mail, service
shall be effective upon deposit in the United States mail.
(e) A public letter of reprimand issued concurrently with a board
license shall be purged three years from the date of issuance if no
letter of admonishment, citation, notice of correction, or
disciplinary action is initiated by the board during the three-year
period.
(f) A public letter of reprimand issued pursuant to this section
shall be disclosed to an inquiring member of the public and shall be
posted on the board's Internet Web site.
(g) Nothing in this section shall be construed to affect the board'
s authority to issue an unrestricted license.