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 to 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 admonishmentbegin insert that is issued to an applicant for licensureend insert 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 4315 of the Business and Professions
2Code is amended to read:
(a) The executive officer, or his or her designee, may
4issue a letter of admonishment to a licensee for failure to comply
5with Section 733, for failure to comply with this chapter or
6regulations adopted pursuant to this chapter, or for failure to
7comply with Division 116 (commencing with Section 150200) of
8the Health and Safety Code, directing the licensee to come into
9compliance.
10(b) The executive officer, or his or her designee, may issue a
11letter of admonishment to an applicant for licensure who has
12committed any violation of law that the board deems, in its
13discretion, does not merit the denial of a license or require
14probationary status
under Section 4300. The letter of admonishment
15may be issued concurrently with a license.
16(c) The letter of admonishment shall be in writing and shall
17describe in detail the nature and facts of the violation, including a
18reference to the statutes or regulations violated.
19(d) The letter of admonishment shall inform the licensee or
20applicant that within 30 days of service of the order of
21admonishment the licensee or applicant may do either of the
22following:
23(1) Submit a written request for an office conference to the
24executive officer of the board to contest the letter of admonishment.
25(A) Upon a timely request, the executive officer, or his or her
26designee, shall
hold an office conference with the licensee or
27applicant or his or her legal counsel or authorized representative.
28Unless so authorized by the executive officer, or his or her
29designee, no individual other than the legal counsel or his or her
30authorized representative may accompany the licensee or applicant
31to the office conference.
32(B) Prior to or at the office conference, the licensee or applicant
33may submit to the executive officer declarations and documents
34pertinent to the subject matter of the letter of admonishment.
35(C) The office conference is intended to be an informal
36proceeding and shall not be subject to the Administrative Procedure
37Act (Chapter 3.5 (commencing with Section 11340), Chapter 4
38(commencing with Section 11370), Chapter 4.5 (commencing with
P3 1Section
11400), or Chapter 5 (commencing with Section 11500)
2of Part 1 of Division 3 of Title 2 of the Government Code).
3(D) The executive officer, or his or her designee, may affirm,
4modify, or withdraw the letter of admonishment. Within 14
5calendar days from the date of the office conference, the executive
6officer, or his or her designee, shall personally serve or send by
7certified mail to the licensee’s or applicant’s address of record
8with the board a written decision. This decision shall be deemed
9the final administrative decision concerning the letter of
10admonishment.
11(E) Judicial review of the decision may be had by filing a
12petition for a writ of mandate in accordance with the provisions
13of Section 1094.5 of the Code of Civil Procedure within 30 days
14of the date the
decision was personally served or sent by certified
15mail. The judicial review shall extend to the question of whether
16or not there was a prejudicial abuse of discretion in the issuance
17of the letter of admonishment.
18(2) Comply with the letter of admonishment and submit a written
19corrective action plan to the executive officer documenting
20compliance. If an office conference is not requested pursuant to
21this section, compliance with the letter of admonishment shall not
22constitute an admission of the violation noted in the letter of
23admonishment.
24(e) The letter of admonishment shall be served upon the licensee
25or applicant personally or by certified mail at his or her address
26of record with the board. If the licensee or applicant is served by
27certified mail, service shall be effective
upon deposit in the United
28States mail.
29(f) The licensee or applicant shall maintain and have readily
30available a copy of the letter of admonishment and corrective action
31plan, if any, for at least three years from the date of issuance of
32the letter of admonishment.
33(g) Nothing in this section shall in any way limit the board’s
34authority or ability to do either of the following:
35(1) Issue a citation pursuant to Section 125.9, 148, or 4067, or
36pursuant to Section 1775 of Title 16 of the California Code of
37Regulations.
38(2) Institute disciplinary proceedings pursuant to Article 19
39(commencing with Section 4300).
P4 1(h) The issuance of a letter of admonishment pursuant to
2subdivision (b) shall not be construed as a disciplinary action or
3discipline for purposes of licensure or the reporting of discipline
4for licensure.
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