BILL NUMBER: SB 361 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2003
PASSED THE ASSEMBLY AUGUST 28, 2003
AMENDED IN ASSEMBLY JULY 7, 2003
AMENDED IN ASSEMBLY JUNE 23, 2003
AMENDED IN SENATE APRIL 21, 2003
INTRODUCED BY Senator Figueroa
(Coauthors: Senators Aanestad and Vincent)
(Coauthors: Assembly Members Correa, Nation, and Runner)
FEBRUARY 19, 2003
An act to amend Sections 4001, 4002, 4003, 4008, 4062, 4200, 4202,
4312, 4400, and 4403 of, and to add Sections 4083, 4106, 4200.2,
4200.3, 4200.4, 4314, and 4315 to, the Business and Professions Code,
relating to pharmacy.
LEGISLATIVE COUNSEL'S DIGEST
SB 361, Figueroa. Pharmacy: administration and enforcement.
Existing law, the Pharmacy Law, creates the California State Board
of Pharmacy within the Department of Consumer Affairs. Under
existing law, the board is authorized to appoint an executive
director to exercise the powers and perform the duties delegated by
the board. The law makes these provisions inoperative on July 1,
2004, and repeals them on January 1, 2005. Under existing law, the
board consists of 11 members, 2 of whom are public members appointed
by the Governor.
This bill would delete these inoperative and repeal dates and
would extend the operation of these provisions to make them
inoperative on July 1, 2008, and repeal them on January 1, 2009. The
bill would also increase the board membership to 13 by adding 2 more
public members appointed by the Governor. The bill would also
specify that one of the pharmacist appointees be a member of a labor
union representing pharmacists, that one practice in an independent
community pharmacy setting, and that another practice in a chain
community pharmacy setting.
Existing law authorizes the board to employ inspectors of
pharmacy. These inspectors are required to be pharmacists if their
principal duties are either inspecting or investigating pharmacies or
pharmacists or supervising other inspectors of pharmacy.
This bill would delete the requirement that certain inspectors of
pharmacy must be pharmacists. The bill would authorize inspectors to
issue a written order of correction and the executive officer, or
his or her designee, to issue a letter of admonishment, directing a
licensee to comply with the Pharmacy Law or related regulations. The
bill would require an order of correction or a letter of
admonishment to contain certain information, including the process
for a licensee to contest the order or letter. The bill would
require a licensee to have readily available on the pharmacy premises
a copy of any order of correction or letter of admonishment issued
against it in the prior 3 years, and a related corrective plan of
action. The bill would provide that an order of correction would not
be a public record, except as specified.
This bill would authorize the board to issue a citation for a
violation of the Pharmacy Law or related regulations, with a fine of
up to $2,500 and an order of abatement, which may require a person to
demonstrate how future compliance will be accomplished.
Existing law sets forth certain educational, training, and
examination requirements that an applicant for a pharmacist license
must meet.
This bill would revise the examination requirements, as specified,
and would require the board to develop a Multi-State Pharmacy
Jurisprudence Examination for California that meets certain
guidelines and to review the examination process. The bill would
prohibit an applicant who failed the national examination from
retaking it for a designated time period.
Existing law requires an applicant for a pharmacy technician
certification to meet certain education requirements.
This bill would revise those education requirements.
The Pharmacy Law makes a violation of its provisions a crime.
Because this bill would create new requirements for licensees
under that law, the violation of which is a crime, it would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4001 of the Business and Professions Code is
amended to read:
4001. (a) There is in the Department of Consumer Affairs a
California State Board of Pharmacy in which the administration and
enforcement of this chapter is vested. The board consists of 13
members.
(b) The Governor shall appoint seven competent pharmacists who
reside in different parts of the state to serve as members of the
board. The Governor shall appoint four public members, and the
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint a public member who shall not be a licensee of the board, any
other board under this division, or any board referred to in Section
1000 or 3600.
(c) At least five of the seven pharmacist appointees to the board
shall be pharmacists who are actively engaged in the practice of
pharmacy. Additionally, the membership of the board shall include at
least one pharmacist representative from each of the following
practice settings: an acute care hospital, an independent community
pharmacy, a chain community pharmacy, and a long-term health care or
skilled nursing facility. The pharmacist appointees shall also
include a pharmacist who is a member of a labor union that represents
pharmacists. For the purposes of this subdivision, a "chain
community pharmacy" means a chain of 75 or more stores in California
under the same ownership, and an "independent community pharmacy"
means a pharmacy owned by a person or entity who owns no more than
four pharmacies in California.
(d) Members of the board shall be appointed for a term of four
years. No person shall serve as a member of the board for more than
two consecutive terms. Each member shall hold office until the
appointment and qualification of his or her successor or until one
year shall have elapsed since the expiration of the term for which
the member was appointed, whichever first occurs. Vacancies
occurring shall be filled by appointment for the unexpired term.
(e) Each member of the board shall receive a per diem and expenses
as provided in Section 103.
(f) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2008, and, as of January 1, 2009,
is repealed, unless a later enacted statute, that becomes effective
on or before January 1, 2009, deletes or extends the dates on which
it becomes inoperative and is repealed. The repeal of this section
renders the board subject to the review required by Division 1.2
(commencing with Section 473).
SEC. 2. Section 4002 of the Business and Professions Code is
amended to read:
4002. (a) The board shall elect a president, a vice president,
and a treasurer. The officers of the board shall be elected by a
majority of the membership of the board.
(b) The principal office of the board shall be located in
Sacramento. The board shall hold a meeting at least once in every
four months. Seven members of the board constitute a quorum.
SEC. 3. Section 4003 of the Business and Professions Code is
amended to read:
4003. (a) The board may appoint a person exempt from civil
service who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board
and vested in him or her by this chapter. The executive officer may
or may not be a member of the board as the board may determine.
(b) The executive officer shall receive the compensation as
established by the board with the approval of the Director of
Finance. The executive officer shall also be entitled to travel and
other expenses necessary in the performance of his or her duties.
(c) The executive officer shall maintain and update in a timely
fashion records containing the names, titles, qualifications, and
places of business of all persons subject to this chapter.
(d) The executive officer shall give receipts for all money
received by him or her and pay it to the Department of Consumer
Affairs, taking its receipt therefor. Besides the duties required by
this chapter, the executive officer shall perform other duties
pertaining to the office as may be required of him or her by the
board.
(e) In accordance with Sections 101.1 and 473.1, this section
shall become inoperative on July 1, 2008, and, as of January 1, 2009,
is repealed, unless a later enacted statute, that becomes effective
on or before January 1, 2009, deletes or extends the dates on which
it becomes inoperative and is repealed.
SEC. 4. Section 4008 of the Business and Professions Code is
amended to read:
4008. (a) Except as provided by Section 159.5, the board may
employ inspectors of pharmacy. The inspectors, whether the
inspectors are employed by the board or the department's Division of
Investigation, may inspect during business hours all pharmacies,
wholesalers, dispensaries, stores, or places where drugs or devices
are compounded, prepared, furnished, dispensed, or stored.
(b) Notwithstanding subdivision (a), a pharmacy inspector may
inspect or examine a physician's office or clinic that does not have
a permit under Section 4180 or 4190 only to the extent necessary to
determine compliance with and to enforce either Section 4080 or 4081.
(c) (1) (A) A pharmacy inspector employed by the board or in the
department's Division of Investigation shall have the authority, as a
public officer, to arrest, without warrant, any person whenever the
officer has reasonable cause to believe that the person to be
arrested has, in his or her presence, violated a provision of this
chapter or of Division 10 (commencing with Section 11000) of the
Health and Safety Code.
(B) If the violation is a felony, or if the arresting officer has
reasonable cause to believe that the person to be arrested has
violated any provision that is declared to be a felony, although no
felony has in fact been committed, he or she may make an arrest
although the violation or suspected violation did not occur in his or
her presence.
(2) In any case in which an arrest authorized by this subdivision
is made for an offense declared to be a misdemeanor, and the person
arrested does not demand to be taken before a magistrate, the
arresting inspector may, instead of taking the person before a
magistrate, follow the procedure prescribed by Chapter 5C (commencing
with Section 853.5) of Title 3 of Part 2 of the Penal Code. That
chapter shall thereafter apply with reference to any proceeding based
upon the issuance of a citation pursuant to this authority.
(d) There shall be no civil liability on the part of, and no cause
of action shall arise against, a person, acting pursuant to
subdivision (a) within the scope of his or her authority, for false
arrest or false imprisonment arising out of an arrest that is lawful,
or that the arresting officer, at the time of the arrest, had
reasonable cause to believe was lawful. An inspector shall not be
deemed an aggressor or lose his or her right to self-defense by the
use of reasonable force to effect the arrest, to prevent escape, or
to overcome resistance.
(e) Any inspector may serve all processes and notices throughout
the state.
SEC. 5. Section 4062 of the Business and Professions Code is
amended to read:
4062. (a) Notwithstanding Section 4059 or any other provision of
law, a pharmacist may, in good faith, furnish a dangerous drug or
dangerous device in reasonable quantities without a prescription
during a federal, state, or local emergency, to further the health
and safety of the public. A record containing the date, name, and
address of the person to whom the drug or device is furnished, and
the name, strength, and quantity of the drug or device furnished
shall be maintained. The pharmacist shall communicate this
information to the patient's attending physician as soon as possible.
Notwithstanding Section 4060 or any other provision of law, a
person may possess a dangerous drug or dangerous device furnished
without prescription pursuant to this section.
(b) During a declared federal, state, or local emergency, the
board may waive application of any provisions of this chapter or the
regulations adopted pursuant to it if, in the board's opinion, the
waiver will aid in the protection of public health or the provision
of patient care.
SEC. 6. Section 4083 is added to the Business and Professions
Code, to read:
4083. (a) An inspector may issue an order of correction to a
licensee directing the licensee to comply with this chapter or
regulations adopted pursuant to this chapter.
(b) The order of correction shall be in writing and shall describe
in detail the nature and facts of the violation, including a
reference to the statute or regulations violated.
(c) The order of correction shall inform the licensee that within
30 days of service of the order of correction, the licensee may do
either of the following:
(1) Submit a written request for an office conference with the
board's executive officer to contest the order of correction.
(A) Upon a timely request, the executive officer, or his or her
designee, shall hold an office conference with the licensee or the
licensee's legal counsel or authorized representative. Unless so
authorized by the executive officer, or his or her designee, no
individual other than the licensee's legal counsel or authorized
representative may accompany the licensee to the office conference.
(B) Prior to or at the office conference, the licensee may submit
to the executive officer declarations and documents pertinent to the
subject matter of the order of correction.
(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 order of correction. 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 order of correction.
(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
order of correction.
(2) Comply with the order of correction and submit a written
corrective action plan to the inspector documenting compliance. If
an office conference is not requested pursuant to this section,
compliance with the order of correction shall not constitute an
admission of the violation noted in the order of correction.
(d) The order of correction shall be served upon the licensee
personally or by certified mail at the licensee's address of record
with the board. If the licensee is served by certified mail, service
shall be effective upon deposit in the United States mail.
(e) The licensee shall maintain and have readily available on the
pharmacy premises a copy of the order of correction and corrective
action plan for at least three years from the date of issuance of the
order of correction.
(f) Nothing in this section shall in any way limit the board's
authority or ability to do any of the following:
(1) Issue a citation pursuant to Section 125.9, 148, or 4067 or
pursuant to Section 1775, 1775.15, 1777, or 1778 of Title 16 of the
California Code of Regulations.
(2) Issue a letter of admonishment pursuant to Section 4315.
(3) Institute disciplinary proceedings pursuant to Article 19
(commencing with Section 4300).
(g) Unless a writ of mandate is filed, a citation issued, a letter
of admonishment issued, or a disciplinary proceeding instituted, an
order of correction shall not be considered a public record and shall
not be disclosed pursuant to a request under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
SEC. 7. Section 4106 is added to the Business and Professions
Code, to read:
4106. For purposes of license verification, a person may rely
upon a printout from the board's Internet Web site that includes the
issuance and expiration dates of any license issued by the board.
SEC. 8. Section 4200 of the Business and Professions Code is
amended to read:
4200. (a) The board shall license as a pharmacist, and issue a
certificate to, any applicant who meets all the following
requirements:
(1) Is at least 18 years of age.
(2) (A) Has graduated from a college of pharmacy or department of
pharmacy of a university recognized by the board; or
(B) If the applicant graduated from a foreign pharmacy school, the
applicant has received a grade satisfactory to the board on an
examination designed to measure the equivalency of foreign pharmacy
education with that required of domestic graduates.
(3) Has completed at least 150 semester units of collegiate study
in the United States, or the equivalent thereof in a foreign country.
No less than 90 of those semester units shall have been completed
while in resident attendance at a school or college of pharmacy.
(4) Has earned at least a baccalaureate degree in a course of
study devoted to the practice of pharmacy.
(5) Has had 1,500 hours of pharmaceutical experience in accordance
with regulations adopted by the board.
(A) "Pharmaceutical experience," constitutes service and
experience in a pharmacy under the personal supervision of a
pharmacist, and consists of service and experience predominantly
related to the selling of drugs, compounding physician's
prescriptions, preparing pharmaceutical preparations, and keeping
records and making reports required under state and federal statutes.
(B) To be credited to the total number of hours required by this
subdivision, this experience shall have been obtained in pharmacies
and under conditions set forth by rule or regulation of the board.
(6) Has passed a written and practical examination given by the
board prior to December 31, 2003, or has passed the North American
Pharmacist Licensure Examination and the Multi-State Pharmacy
Jurisprudence Examination for California on or after January 1, 2004.
(b) Proof of the qualifications of an applicant for licensure as a
pharmacist, shall be made to the satisfaction of the board and shall
be substantiated by affidavits or other evidence as may be required
by the board.
(c) Each person, upon application for licensure as a pharmacist
under this chapter, shall pay to the executive officer of the board,
the fees provided by this chapter. The fees shall be compensation to
the board for investigation or examination of the applicant.
SEC. 9. Section 4200.2 is added to the Business and Professions
Code, to read:
4200.2. When developing the Multi-State Pharmacy Jurisprudence
Examination for California, the board shall include all of the
following:
(a) Examination items to demonstrate the candidate's proficiency
in patient communication skills.
(b) Aspects of contemporary standards of practice for pharmacists
in California, including, but not limited to, the provision of
pharmacist care and the application of clinical knowledge to typical
pharmacy practice situations that are not evaluated by the North
American Pharmacy Licensure Examination.
SEC. 10. Section 4200.3 is added to the Business and Professions
Code, to read:
4200.3. (a) The examination process shall be regularly reviewed
pursuant to Section 139.
(b) The examination process shall meet the standards and
guidelines set forth in the Standards for Educational and
Psychological Testing and the Federal Uniform Guidelines for Employee
Selection Procedures. The board shall work with the Office of
Examination Resources of the department or with an equivalent
organization who shall certify at minimum once every five years that
the examination process meets these national testing standards. If
the department determines that the examination process fails to meet
these standards, the board shall terminate its use of the North
American Pharmacy Licensure Examination and shall use only the
written and practical examination developed by the board.
(c) The examination shall meet the mandates of subdivision (a) of
Section 12944 of the Government Code.
(d) The board shall work with the Office of Examination Resources
or with an equivalent organization to develop the state jurisprudence
examination to ensure that applicants for licensure are evaluated on
their knowledge of applicable state laws and regulations.
(e) The board shall annually publish the pass and fail rates for
the pharmacist's licensure examination administered pursuant to
Section 4200, including a comparison of historical pass and fail
rates before utilization of the North American Pharmacist Licensure
Examination.
(f) The board shall report to the Joint Legislative Sunset Review
Committee and the department as part of its next scheduled review,
the pass rates of applicants who sat for the national examination
compared with the pass rates of applicants who sat for the prior
state examination. This report shall be a component of the
evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.
SEC. 11. Section 4200.4 is added to the Business and Professions
Code, to read:
4200.4. An applicant who fails the national examination may not
retake the examination for at least 90 days or for a period
established by regulations adopted by the board in consultation with
the Office of Examination Resources of the department.
SEC. 12. Section 4202 of the Business and Professions Code is
amended to read:
4202. (a) An applicant for registration as a pharmacy technician
shall be issued a certificate of registration if he or she is a high
school graduate or possesses a general education development
equivalent, and meets any one of the following requirements:
(1) Has obtained an associate's degree in pharmacy technology.
(2) Has completed a course of training specified by the board.
(3) Has graduated from a school of pharmacy accredited by the
American Council on Pharmaceutical Education or a school of pharmacy
recognized by the board. Once licensed as a pharmacist, the pharmacy
technician registration is no longer valid and the pharmacy
technician certificate of registration must be returned to the board
within 15 days.
(4) Is certified by the Pharmacy Technician Certification Board.
(b) The board shall adopt regulations pursuant to this section for
the registration of pharmacy technicians and for the specification
of training courses as set out in paragraph (2) of subdivision (a).
Proof of the qualifications of any applicant for registration as a
pharmacy technician shall be made to the satisfaction of the board
and shall be substantiated by any evidence required by the board.
(c) The board shall conduct a criminal background check of the
applicant to determine if an applicant has committed acts that would
constitute grounds for denial of registration, pursuant to this
chapter or Chapter 2 (commencing with Section 480) of Division 1.5.
(d) The board may suspend or revoke a registration issued pursuant
to this section on any ground specified in Section 4301.
SEC. 13. Section 4312 of the Business and Professions Code is
amended to read:
4312. (a) The board may cancel the license of a wholesaler,
pharmacy, or veterinary food-animal drug retailer if the licensed
premises remain closed, as defined in subdivision (e), other than by
order of the board. For good cause shown, the board may cancel a
license after a shorter period of closure. To cancel a license
pursuant to this subdivision, the board shall make a diligent, good
faith effort to give notice by personal service on the licensee. If
a written objection is not received within 10 days after personal
service is made or a diligent, good faith effort to give notice by
personal service on the licensee has failed, the board may cancel the
license without the necessity of a hearing. If the licensee files a
written objection, the board shall file an accusation based on the
licensee remaining closed. Proceedings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted in that chapter.
(b) In the event that the license of a wholesaler, pharmacy, or
veterinary food-animal drug retailer is cancelled pursuant to
subdivision (a) or revoked pursuant to Article 19 (commencing with
Section 4300), or a wholesaler, pharmacy, or veterinary food-animal
drug retailer notifies the board of its intent to remain closed or to
discontinue business, the licensee shall, within 10 days thereafter,
arrange for the transfer of all dangerous drugs and controlled
substances or dangerous devices to another licensee authorized to
possess the dangerous drugs and controlled substances or dangerous
devices. The licensee transferring the dangerous drugs and
controlled substances or dangerous devices shall immediately confirm
in writing to the board that the transfer has taken place.
(c) If a wholesaler, pharmacy, or veterinary food-animal drug
retailer fails to comply with subdivision (b), the board may seek and
obtain an order from the superior court in the county in which the
wholesaler, pharmacy, or veterinary food-animal drug retailer is
located, authorizing the board to enter the wholesaler, pharmacy, or
veterinary food-animal drug retailer and inventory and store,
transfer, sell, or arrange for the sale of, all dangerous drugs and
controlled substances and dangerous devices found in the wholesaler,
pharmacy, or veterinary food-animal drug retailer.
(d) In the event that the board sells or arranges for the sale of
any dangerous drugs, controlled substances, or dangerous devices
pursuant to subdivision (c), the board may retain from the proceeds
of the sale an amount equal to the cost to the board of obtaining and
enforcing an order issued pursuant to subdivision (c), including the
cost of disposing of the dangerous drugs, controlled substances, or
dangerous devices. The remaining proceeds, if any, shall be returned
to the licensee from whose premises the dangerous drugs or
controlled substances or dangerous devices were removed.
(1) The licensee shall be notified of his or her right to the
remaining proceeds by personal service or by certified mail, postage
prepaid.
(2) If a statute or regulation requires the licensee to file with
the board his or her address, and any change of address, the notice
required by this subdivision may be sent by certified mail, postage
prepaid, to the latest address on file with the board and service of
notice in this manner shall be deemed completed on the 10th day after
the mailing.
(3) If the licensee is notified as provided in this subdivision,
and the licensee fails to contact the board for the remaining
proceeds within 30 calendar days after personal service has been made
or service by certified mail, postage prepaid, is deemed completed,
the remaining proceeds shall be deposited by the board into the
Pharmacy Board Contingent Fund. These deposits shall be deemed to
have been received pursuant to Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure and shall
be subject to claim or other disposition as provided in that chapter.
(e) For the purposes of this section, "closed" means not engaged
in the ordinary activity for which a license has been issued for at
least one day each calendar week during any 120-day period.
(f) Nothing in this section shall be construed as requiring a
pharmacy to be open seven days a week.
SEC. 14. Section 4314 is added to the Business and Professions
Code, to read:
4314. (a) The board may issue citations containing fines and
orders of abatement for any violation of this chapter or regulations
adopted pursuant to this chapter, in accordance with Sections 125.9,
148, and 4005 and the regulations adopted pursuant to those sections.
(b) Where appropriate, a citation issued by the board, as
specified in this section, may subject the person or entity to whom
the citation is issued to an administrative fine.
(c) Notwithstanding any other provision of law, where appropriate,
a citation issued by the board may contain an order of abatement.
The order of abatement shall fix a reasonable time for abatement of
the violation. It may also require the person or entity to whom the
citation is issued to demonstrate how future compliance with the
Pharmacy Law, and the regulations adopted pursuant thereto, will be
accomplished. A demonstration may include, but is not limited to,
submission of a corrective action plan, and requiring completion of
up to six hours of continuing education courses in the subject matter
specified in the order of abatement. Any continuing education
courses required by the order of abatement shall be in addition to
those required for license renewal.
(d) Nothing in this section shall in any way limit the board from
issuing a citation, fine, and order of abatement pursuant to Section
4067 or Section 56.36 of the Civil Code, and the regulations adopted
pursuant to those sections.
SEC. 15. Section 4315 is added to the Business and Professions
Code, 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 this chapter or regulations adopted pursuant to this chapter,
directing the licensee to come into compliance.
(b) 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.
(c) The letter of admonishment shall inform the licensee that
within 30 days of service of the order of admonishment 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 admonishment.
(A) Upon a
timely request, the executive officer, or his or her designee, shall
hold an office conference with the licensee or the licensee's 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 may
accompany the licensee to the office conference.
(B) Prior to or at the office conference the licensee 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 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 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 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 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 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.
(d) The letter of admonishment shall be served upon the licensee
personally or by certified mail at the licensee's address of record
with the board. If the licensee is served by certified mail, service
shall be effective upon deposit in the United States mail.
(e) The licensee shall maintain and have readily available on the
pharmacy premises a copy of the letter of admonishment and corrective
action plan for at least three years from the date of issuance of
the letter of admonishment.
(f) 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, 1775.15, 1777, or 1778 of Title 16 of the
California Code of Regulations.
(2) Institute disciplinary proceedings pursuant to Article 19
(commencing with Section 4300).
SEC. 16. Section 4400 of the Business and Professions Code is
amended to read:
4400. The amount of fees and penalties prescribed by this
chapter, except as otherwise provided, is that fixed by the board
according to the following schedule:
(a) The fee for a nongovernmental pharmacy license shall be three
hundred forty dollars ($340) and may be increased to four hundred
dollars ($400).
(b) The fee for a nongovernmental pharmacy or medical device
retailer annual renewal shall be one hundred seventy-five dollars
($175) and may be increased to two hundred fifty dollars ($250).
(c) The fee for the pharmacist application and examination shall
be one hundred fifty-five dollars ($155) and may be increased to one
hundred eighty-five dollars ($185).
(d) The fee for regrading an examination shall be seventy-five
dollars ($75) and may be increased to eighty-five dollars ($85). If
an error in grading is found and the applicant passes the
examination, the regrading fee shall be refunded.
(e) The fee for a pharmacist license and biennial renewal shall be
one hundred fifteen dollars ($115) and may be increased to one
hundred fifty dollars ($150).
(f) The fee for a wholesaler license and annual renewal shall be
five hundred fifty dollars ($550) and may be increased to six hundred
dollars ($600).
(g) The fee for a hypodermic license and renewal shall be ninety
dollars ($90) and may be increased to one hundred twenty-five dollars
($125).
(h) The fee for application and investigation for an exemptee
license under Section 4053 shall be seventy-five dollars ($75) and
may be increased to one hundred dollars ($100), except for a
veterinary food-animal drug retailer exemptee, for whom the fee shall
be one hundred dollars ($100).
(i) The fee for an exemptee license and annual renewal under
Section 4053 shall be one hundred ten dollars ($110) and may be
increased to one hundred fifty dollars ($150), except that the fee
for the issuance of a veterinary food-animal drug retailer exemptee
license shall be one hundred fifty dollars ($150), for renewal one
hundred ten dollars ($110), which may be increased to one hundred
fifty dollars ($150), and for filing a late renewal fifty-five
dollars ($55).
(j) The fee for an out-of-state drug distributor's license and
annual renewal issued pursuant to Section 4120 shall be five hundred
fifty dollars ($550) and may be increased to six hundred dollars
($600).
(k) The fee for registration and annual renewal of providers of
continuing education shall be one hundred dollars ($100) and may be
increased to one hundred thirty dollars ($130).
(l) The fee for evaluation of continuing education courses for
accreditation shall be set by the board at an amount not to exceed
forty dollars ($40) per course hour.
(m) The fee for evaluation of applications submitted by graduates
of foreign colleges of pharmacy or colleges of pharmacy not
recognized by the board shall be one hundred sixty-five dollars
($165) and may be increased to one hundred seventy-five dollars
($175).
(n) The fee for an intern license or extension shall be sixty-five
dollars ($65) and may be increased to seventy-five dollars ($75).
The fee for transfer of intern hours or verification of licensure to
another state shall be fixed by the board not to exceed twenty
dollars ($20).
(o) The board may, by regulation, provide for the waiver or refund
of the additional fee for the issuance of a certificate where the
certificate is issued less than 45 days before the next succeeding
regular renewal date.
(p) The fee for the reissuance of any license, or renewal thereof,
that has been lost or destroyed or reissued due to a name change is
thirty dollars ($30).
(q) The fee for the reissuance of any license, or renewal thereof,
that must be reissued because of a change in the information, is
sixty dollars ($60) and may be increased to one hundred dollars
($100).
(r) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Pharmacy Board Contingent Fund equal to approximately one year'
s operating expenditures.
(s) The fee for any applicant for a clinic permit is three hundred
forty dollars ($340) and may be increased to four hundred dollars
($400) for each permit. The annual fee for renewal of the permit is
one hundred seventy-five dollars ($175) and may be increased to two
hundred fifty dollars ($250) for each permit.
(t) The board shall charge a fee for the processing and issuance
of a registration to a pharmacy technician and a separate fee for the
biennial renewal of the registration. The registration fee shall be
twenty-five dollars ($25) and may be increased to fifty dollars
($50). The biennial renewal fee shall be twenty-five dollars ($25)
and may be increased to fifty dollars ($50).
(u) The fee for a veterinary food-animal drug retailer license
shall be four hundred dollars ($400). The annual renewal fee for a
veterinary food-animal drug retailer shall be two hundred fifty
dollars ($250).
(v) The fee for issuance of a retired license pursuant to Section
4200.5 shall be thirty dollars ($30).
SEC. 17. Section 4403 of the Business and Professions Code is
amended to read:
4403. The board shall not reissue or renew any license without
the payment of the fees required by this chapter and the payment of
all fees that are delinquent at the time that the application is
made.
SEC. 18. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
