BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 960| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 960 Author: Morrell (R) Amended: 6/19/14 Vote: 21 SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 9-0, 4/28/14 AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani, Hernandez, Hill, Padilla SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 36-0, 5/29/14 AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland NO VOTE RECORDED: Calderon, Lara, Wright, Yee ASSEMBLY FLOOR : 77-0, 8/7/14 (Consent) - See last page for vote SUBJECT : Pharmacy SOURCE : Board of Pharmacy DIGEST : This bill authorizes the Board of Pharmacy (BOP) to issue a letter of admonishment to applicants for licensures who have committed violations of law that BOP deems does not merit license denial or probationary status. CONTINUED SB 960 Page 2 Assembly Amendments make technical changes. ANALYSIS : Existing law: 1. Requires BOP, upon receipt of an application for licensure and appropriate fee, to thoroughly investigate whether the applicant is qualified for the license being sought, including all matters directly related to the issuance of a license that may affect the public welfare. 2. Provides that immediately upon the denial of any application for a license BOP must notify the applicant in writing and authorizes the applicant, within 10 days after BOP sends notice of denial, to present a written petition for a license. 3. Authorizes BOP to issue a letter of admonishment to a licensee for failing to comply with provisions of the Business and Professions Code, Pharmacy Law, and regulations, directing the licensee to come into compliance. Sets forth the requirements for issuance of a letter of admonishment by BOP and options for a recipient related to an office conference with BOP staff. 4. Provides that a letter of admonishment inform the licensee that within 30 days of receipt of the letter of admonishment, the licensee may either submit a written request for an office conference to contest the letter or may accept the letter of admonishment without challenge. Outlines requirements for the office conference, if requested by a licensee. This bill: 1. Authorizes BOP to issue a license to an applicant who has committed violations of law that BOP deems, in its discretion, does not merit the denial of a license or require probationary status and concurrently issue a letter of admonishment. 2. Specifies that the procedures for issuance of a letter of admonishment follow those outlined under existing law for CONTINUED SB 960 Page 3 letters of admonishment as a disciplinary measure for current licensees. Specifies that all of the procedures for appeals and due process requirements for letters of admonishment issued as a disciplinary measure for current licensees also apply. 3. Provides that the issuance of a letter of admonishment shall not be construed as a disciplinary action or discipline for purposes of licensure or the reporting of discipline for licensure. Background In Fiscal Year 2012-13, BOP received more than 15,000 applications for licensure. According to BOP, an average of less than 1% of these applications were denied, although for pharmacy technician license applicants, closer to 1.15% of licenses were denied. BOP currently has a process similar to that proposed in this bill for issuing a letter of admonishment in the event of disciplinary action. While the Department of Consumer Affairs' boards are required to report certain licensee information and make public disciplinary action, there are no boards that issue anything similar to disciplinary action against a licensee for applicants or concurrent with a license as proposed in this bill. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/28/14) (Unable to reverify at time of writing) Board of Pharmacy (source) ARGUMENTS IN SUPPORT : According to the author's office, before issuing a license, BOP reviews the background of applicants which, in some instances, may reveal past legal violations. When these matters are substantially related to the duties of the licensee, BOP denies the license but for some violations, despite their seriousness, licensure denial may not be warranted. In those cases, BOP believes that by issuing a letter of admonishment concurrent with a license, the individual would receive the privilege of the license, while the letter of admonishment serves to protect the public and provide notice to CONTINUED SB 960 Page 4 an employer of facts and violations about the new licensee. BOP also believes that a letter of admonishment would allow BOP to document a licensee's history regarding an event that may have happened many years ago, in the event it is ever considering disciplinary action for misconduct during the first three years of licensure. ASSEMBLY FLOOR : 77-0, 8/7/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Bonilla, Fox, Vacancy MW:d 8/8/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED