AB 2131, as introduced, Morrell. Pharmacy licenses: letters of reprimand.
Under the Pharmacy Law the California State Pharmacy Board licenses and regulates pharmacists. The board may refuse to license an applicant guilty of unprofessional conduct or issue 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 certificate or require probationary status, and to concurrently issue a public letter of reprimand, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4310.5 is added to the Business and
2Professions Code, to read:
(a) Notwithstanding subdivision (c) of Section 4300,
4the board may issue a license to an applicant who has committed
5minor violations that the board deems, in its discretion, do not
P2 1merit the denial of a certificate or require probationary status under
2Section 4300, and may concurrently issue a public letter of
3reprimand.
4(b) The letter of reprimand shall be in writing and shall describe
5in detail the nature and facts of the violation, including a reference
6to the statutes or regulations violated.
7(c) The letter of reprimand shall inform the licensee that within
830 days of service of the letter of reprimand the licensee may do
9either of the following:
10(1) Submit a written request for an office conference to the
11executive officer of the board to contest the letter of reprimand.
12(A) Upon a timely request, the executive officer, or his or her
13designee, shall hold an office conference with the licensee or the
14licensee’s legal counsel or authorized representative. Unless so
15authorized by the executive officer, or his or her designee, no
16individual other than the legal counsel or authorized representative
17of the licensee may accompany the licensee to the office
18conference.
19(B) Prior to or at the office conference, the licensee may submit
20to the executive officer declarations and documents pertinent to
21the subject matter of the letter of reprimand.
22(C) The office conference is intended to be an informal
23
proceeding and shall not be subject to the provisions of the
24Administrative Procedure Act (Chapter 3.5 (commencing with
25Section 11340), Chapter 4 (commencing with Section 11370),
26Chapter 4.5 (commencing with Section 11400), and Chapter 5
27(commencing with Section 11500) of Part 1 of Division 3 of Title
282 of the Government Code).
29(D) The executive officer, or his or her designee, may affirm,
30modify, or withdraw the letter of reprimand. Within 14 calendar
31days from the date of the office conference, the executive officer,
32or his or her designee, shall personally serve or send by certified
33mail to the licensee’s address of record with the board a written
34decision. This decision shall be deemed the final administrative
35decision concerning the letter of reprimand.
36(E) Judicial review of the decision may be had by filing a
37petition for a writ of mandate in accordance with the provisions
38
of Section 1094.5 of the Code of Civil Procedure within 30 days
39of the date the decision was personally served or sent by certified
40mail. The judicial review shall extend to the question of whether
P3 1or not there was a prejudicial abuse of discretion in the issuance
2of the letter of reprimand.
3(2) The licensee may accept the letter of reprimand without
4challenge. The board shall inform the licensee that the letter of
5reprimand shall be purged after three years if no letter of
6admonishment, citation, notice of correction, or disciplinary action
7is initiated by the board within those three years.
8(d) The letter of reprimand shall be served upon the licensee
9personally or by certified mail at the applicant’s address of record
10with the board. If the applicant is served by certified mail, service
11shall be effective upon deposit in the United States mail.
12(e) A public letter of reprimand issued concurrently with a board
13license shall be purged three years from the date of issuance if no
14letter of admonishment, citation, notice of correction, or
15disciplinary action is initiated by the board during the three-year
16period.
17(f) A public letter of reprimand issued pursuant to this section
18shall be disclosed to an inquiring member of the public and shall
19be posted on the board’s Internet Web site.
20(g) Nothing in this section shall be construed to affect the
21board’s authority to issue an unrestricted license.
O
99