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 begin delete add end delete begin insert amend end insert Section begin delete 4310.5 to end delete begin insert 4315 of end insert the Business and Professions Code, relating to pharmacy.

LEGISLATIVE COUNSEL’S DIGEST

SB 960, as amended, Morrell. Pharmacy.

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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.

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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.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 4315 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

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.

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(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.

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(b) 

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begin insert (c) end insert begin insert   end insert 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.

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(c) 

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begin insert (d) end insert begin insert   end insert The letter of admonishment shall inform the licensee begin insert or
applicant end insert that within 30 days of service of the order of
admonishment the licensee begin insert or applicant end insert 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 begin insert or
applicant end insert or begin delete the licensee’s end delete begin insert his or her end insert 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 insert his or her end insert authorized representative begin delete of the licensee end delete may accompany
the licensee begin insert or applicant end insert to the office conference.

(B) Prior to or at the office conference, the licensee begin insert or applicant end insert
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 begin delete the provisions of end delete the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340), Chapter 4 (commencing with Section 11370),
Chapter 4.5 (commencing with Section 11400), begin delete and end delete begin insert or end insert 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 begin insert or applicant’s end insert 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.

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(d) 

end delete

begin insert (e) end insert begin insert   end insert The letter of admonishment shall be served upon the licensee
begin insert or applicant end insert personally or by certified mail at begin delete the licensee’s end delete begin insert his
or her end insert address of record with the board. If the licensee begin insert or applicant end insert
is served by certified mail, service shall be effective upon deposit
in the United States mail.

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(e) 

end delete

begin insert (f) end insert begin insert   end insert The licensee begin insert or applicant end insert 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.

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(f) 

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begin insert (g) end insert begin insert   end insert 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 begin insert , end insert 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).

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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.

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