Bill Text: CA SB960 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 960 (Prior Session Legislation)

Bill Title: Pharmacy.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 247, Statutes of 2014. [SB960 Detail]

Download: California-2013-SB960-Chaptered.html

BILL NUMBER: SB 960	CHAPTERED
	BILL TEXT

	CHAPTER  247
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2014
	APPROVED BY GOVERNOR  AUGUST 22, 2014
	PASSED THE SENATE  AUGUST 11, 2014
	PASSED THE ASSEMBLY  AUGUST 7, 2014
	AMENDED IN ASSEMBLY  JUNE 19, 2014
	AMENDED IN SENATE  MAY 28, 2014
	AMENDED IN SENATE  APRIL 22, 2014
	AMENDED IN SENATE  APRIL 7, 2014

INTRODUCED BY   Senator Morrell

                        FEBRUARY 6, 2014

   An act to amend Section 4315 of the Business and Professions Code,
relating to pharmacy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 960, 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 by which the licensee may 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
admonishment that is issued to an applicant for licensure to be
issued concurrently with a license.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4315 of the Business and Professions Code is
amended to read:
   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.
   (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.
   (c) 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.
   (d) The letter of admonishment shall inform the licensee or
applicant that within 30 days of service of the order of admonishment
the licensee or applicant 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 or
applicant or his or her 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 authorized
representative of the licensee or applicant may accompany the
licensee or applicant to the office conference.
   (B) Prior to or at the office conference, the licensee or
applicant 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 the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing
with Section 11370), Chapter 4.5 (commencing with Section 11400), or
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 the board's
written decision by certified mail to the licensee's or applicant's
address of record. 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, if required,
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.
   (e) The letter of admonishment shall be served upon the licensee
or applicant personally or by certified mail at his or her address of
record with the board. If the licensee or applicant is served by
certified mail, service shall be effective upon deposit in the United
States mail.
   (f) The licensee or applicant 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.
   (g) 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, or
pursuant to Section 1775 of Title 16 of the California Code of
Regulations.
   (2) Institute disciplinary proceedings pursuant to this article.
   (h) The issuance of a letter of admonishment pursuant to
subdivision (b) shall not be construed as a disciplinary action or
discipline for purposes of licensure or the reporting of discipline
for licensure.