Amended in Assembly June 19, 2014

Amended in Senate May 28, 2014

Amended in Senate April 22, 2014

Amended in Senate April 7, 2014

Senate Bill No. 960

Introduced by Senator Morrell

February 6, 2014

An act to amend Section 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 begin delete to end delete begin insert by which the licensee may end insert 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 that is issued to an applicant for licensure to be issued concurrently with a license.

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.

(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.

(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 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 begin delete his or her end delete
authorized representative begin insert of the licensee or applicant end insert 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 Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), 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 begin insert the
board’s written decision end insert by certified mail to the licensee’s or
applicant’s address of begin delete record with the board a written decision. end delete
begin insert record. end insert 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 begin insert , if required, end insert
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.

(e) The letter of admonishment shall be served upon the licensee
or applicant personally or by certified mail at 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.

(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.

(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 begin delete Article 19
(commencing with Section 4300). end delete begin insert this article. end insert

(h) The issuance of a letter of admonishment pursuant to
subdivision (b) shall not be construed as a disciplinary action or
discipline for purposes of licensure or the reporting of discipline
for licensure.