Bill Text: CA AB2131 | 2013-2014 | Regular Session | Amended
Bill Title: Pharmacy licenses: letters of reprimand.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-02 - In committee: Hearing postponed by committee. [AB2131 Detail]
Download: California-2013-AB2131-Amended.html
BILL NUMBER: AB 2131 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2014
INTRODUCED BY Assembly Member Morrell
FEBRUARY 20, 2014
An act to add Section 4310.5 to the Business and Professions Code,
relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
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
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 issue
to issue, at its sole discretion, 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 a certificate
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 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 certificate 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) Upon a timely request, Within 30 days
of receipt of the request, the executive officer, or his or her
designee, shall hold an office conference with the licensee
or and the licensee's legal counsel or
authorized representative representative, if
any . Unless so 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 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.
