BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 960
Author: Morrell (R)
Amended: 6/19/14
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 9-0, 4/28/14
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 36-0, 5/29/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Leno,
Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,
Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Lara, Wright, Yee
ASSEMBLY FLOOR : 77-0, 8/7/14 (Consent) - See last page for vote
SUBJECT : Pharmacy
SOURCE : Board of Pharmacy
DIGEST : This bill authorizes the Board of Pharmacy (BOP) to
issue a letter of admonishment to applicants for licensures who
have committed violations of law that BOP deems does not merit
license denial or probationary status.
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Assembly Amendments make technical changes.
ANALYSIS :
Existing law:
1. Requires BOP, upon receipt of an application for licensure
and appropriate fee, to thoroughly investigate whether the
applicant is qualified for the license being sought,
including all matters directly related to the issuance of a
license that may affect the public welfare.
2. Provides that immediately upon the denial of any application
for a license BOP must notify the applicant in writing and
authorizes the applicant, within 10 days after BOP sends
notice of denial, to present a written petition for a
license.
3. Authorizes BOP to issue a letter of admonishment to a
licensee for failing to comply with provisions of the
Business and Professions Code, Pharmacy Law, and regulations,
directing the licensee to come into compliance. Sets forth
the requirements for issuance of a letter of admonishment by
BOP and options for a recipient related to an office
conference with BOP staff.
4. Provides that a letter of admonishment inform the licensee
that within 30 days of receipt of the letter of admonishment,
the licensee may either submit a written request for an
office conference to contest the letter or may accept the
letter of admonishment without challenge. Outlines
requirements for the office conference, if requested by a
licensee.
This bill:
1. Authorizes BOP to issue a license to an applicant who has
committed violations of law that BOP deems, in its
discretion, does not merit the denial of a license or require
probationary status and concurrently issue a letter of
admonishment.
2. Specifies that the procedures for issuance of a letter of
admonishment follow those outlined under existing law for
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letters of admonishment as a disciplinary measure for current
licensees. Specifies that all of the procedures for appeals
and due process requirements for letters of admonishment
issued as a disciplinary measure for current licensees also
apply.
3. Provides that the issuance of a letter of admonishment shall
not be construed as a disciplinary action or discipline for
purposes of licensure or the reporting of discipline for
licensure.
Background
In Fiscal Year 2012-13, BOP received more than 15,000
applications for licensure. According to BOP, an average of
less than 1% of these applications were denied, although for
pharmacy technician license applicants, closer to 1.15% of
licenses were denied. BOP currently has a process similar to
that proposed in this bill for issuing a letter of admonishment
in the event of disciplinary action. While the Department of
Consumer Affairs' boards are required to report certain licensee
information and make public disciplinary action, there are no
boards that issue anything similar to disciplinary action
against a licensee for applicants or concurrent with a license
as proposed in this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/28/14) (Unable to reverify at time of
writing)
Board of Pharmacy (source)
ARGUMENTS IN SUPPORT : According to the author's office,
before issuing a license, BOP reviews the background of
applicants which, in some instances, may reveal past legal
violations. When these matters are substantially related to the
duties of the licensee, BOP denies the license but for some
violations, despite their seriousness, licensure denial may not
be warranted. In those cases, BOP believes that by issuing a
letter of admonishment concurrent with a license, the individual
would receive the privilege of the license, while the letter of
admonishment serves to protect the public and provide notice to
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an employer of facts and violations about the new licensee. BOP
also believes that a letter of admonishment would allow BOP to
document a licensee's history regarding an event that may have
happened many years ago, in the event it is ever considering
disciplinary action for misconduct during the first three years
of licensure.
ASSEMBLY FLOOR : 77-0, 8/7/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Fox, Vacancy
MW:d 8/8/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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