AB 2131, as amended, Morrell. Pharmacy licenses: letters of reprimand.
Under the Pharmacy Law the California State Pharmacy Board licenses and regulates pharmacists. The board may
end delete
begin insertExisting law, the Pharmacy Law, provides for the regulation and licensure of pharmacists by the California State Pharmacy Board. Existing law authorizes the board toend insert refuse to license an applicant guilty of unprofessional conduct orbegin delete issueend deletebegin insert to issue, at its sole discretion,end insert
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 abegin delete certificateend deletebegin insert licenseend insert or require probationary status, and to concurrently issue a public letter of reprimand, as specified.begin insert 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 requires 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 authorizes the executive officer, or his or her designee, to affirm, modify, or withdraw the letter of reprimand and requires 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.end insert
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
6merit the denial of abegin delete certificateend deletebegin insert licenseend insert or require probationary
7status under Section 4300, and may concurrently issue a public
8letter of reprimand.
9(b) The letter of reprimand shall be in writing and shall describe
10in detail the nature and facts of the violation, including a reference
11to the statutes or regulations violated.
12(c) The letter of reprimand shall inform the licensee that within
1330 days of service of the letter of reprimand the licensee may do
14either of the following:
15(1) Submit a written request for an office conference to the
16executive officer of the board to contest the letter of reprimand.
17(A) begin deleteUpon a timely request, end deletebegin insertWithin 30 days of receipt of the
18request, end insertthe executive officer, or his or her designee, shall hold an
19office conference with the licenseebegin delete orend deletebegin insert
andend insert the licensee’s legal
20counsel or authorizedbegin delete representativeend deletebegin insert representative, if anyend insert. Unless
21so authorized by the executive officer, or his or her designee, no
22individual other than the legal counsel or authorized representative
23of the licensee may accompany the licensee to the office
24conference.
P3 1(B) Prior to or at the office conference, the licensee may submit
2to the executivebegin delete officerend deletebegin insert officer, or his or her designee,end insert declarations
3and documents pertinent to the subject matter of the letter of
4reprimand.
5(C) The office conference is intended to be an informal
6proceeding and shall not be subject to the provisions of the
7Administrative Procedure Act (Chapter 3.5 (commencing with
8Section 11340), Chapter 4 (commencing with Section 11370),
9Chapter 4.5 (commencing with Section 11400), and Chapter 5
10(commencing with Section 11500) of Part 1 of Division 3 of Title
112 of the Government Code).
12(D) The executive officer, or his or her designee, may affirm,
13modify, or withdraw the letter of reprimand. Within 14 calendar
14days from the date of the office conference, the executive officer,
15or his or her designee, shall personally serve or send by certified
16mail to the licensee’s address of record with the board a written
17decision. This decision shall be deemed the final administrative
18decision concerning the letter of reprimand.
19(E) Judicial review of the decision may be had by filing a
20petition for a writ of mandate in accordance with the provisions
21of Section 1094.5 of the Code of Civil Procedure within 30 days
22of the date the decision was personally served or sent by certified
23mail. The judicial review shall extend to the question of whether
24or not there was a prejudicial abuse of discretion in the issuance
25of the letter of reprimand.
26(2) The licensee may accept the letter of reprimand without
27challenge. The board shall inform the licensee that the letter of
28reprimand shall be purged after three years if no letter of
29admonishment, citation, notice of correction, or disciplinary action
30is initiated by the board within those three years.
31(d) The letter of reprimand shall be served upon the licensee
32personally or by certified mail at the applicant’s address of record
33with the board. If the
applicant is served by certified mail, service
34shall be effective upon deposit in the United States mail.
35(e) A public letter of reprimand issued concurrently with a board
36license shall be purged three years from the date of issuance if no
37letter of admonishment, citation, notice of correction, or
38disciplinary action is initiated by the board during the three-year
39period.
P4 1(f) A public letter of reprimand issued pursuant to this section
2shall be disclosed to an inquiring member of the public and shall
3be posted on the board’s Internet Web site.
4(g) Nothing in this section shall be construed to affect the
5board’s authority to issue an unrestricted license.
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