BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 960
                                                                  Page  1

          Date of Hearing:   July 2, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 960 (Morrell) - As Amended:  June 19, 2014 

          Policy Committee:                             Business and  
          Professions  Vote:                            14-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill authorizes the Board of Pharmacy (BOP) to issue a  
          letter of admonishment (LOA) to an applicant who has committed a  
          violation that BOP deems worthy of caution, but does not merit a  
          license denial or probationary status.  

           FISCAL EFFECT 

          Minor, absorbable costs to BOP. BOP estimates that if this bill  
          passes, this option will likely be used less than a dozen times  
          per year.  Of these cases, some may be challenged and require an  
          informal proceeding.

           COMMENTS  

           1)Purpose  . This bill would allow BOP to issue an initial  
            pharmacist or pharmacy technician license and concurrently  
            issue a public LOA for cases in which there have been  
            violations not significant enough to warrant a license denial.  
              This step would allow the BOP to put the licensee, and  
            potential employers, on notice that there was a question about  
            the licensee's qualifications, while still permitting an  
            otherwise qualified applicant to practice.  The letter would  
            remain public for three years and be expunged if there were no  
            interim disciplinary actions.  This bill is sponsored by BOP. 

            According to the BOP, a LOA will protect the public and  
            provide notice to an employer of facts and violations about a  
            new licensee. It would also allow the board to document a  
            licensee's history regarding an event that may have happened  
            many years ago, when considering a disciplinary action for  








                                                                  SB 960
                                                                  Page  2

            misconduct during the first three years of licensure.
             
           2)Related legislation  . AB 2131 (Morrell) of 2014 was a similar  
            measure sponsored by BOP, modeled after the Medical Board of  
            California's letter of reprimand.  However, the bill's author  
            moved to the Senate, and the language of AB 2131 was amended  
            into SB 960 to use a LOA instead of a letter of reprimand.  AB  
            2131 is currently in Senate Business, Professions, and  
            Consumer Protection Committee, with no plans for a hearing.     
               

           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081