AB 2141: Pharmacies: license discipline: stipulated settlement and disciplinary order.

Under existing state law, the Pharmacy Law, the California State Board of Pharmacy licenses and regulates the practice of pharmacy in this state. Existing law sets forth various disciplinary actions, including license suspension or revocation, against licensees for offenses committed under those licensing provisions. Existing law requires discipline proceedings to be conducted in accordance with the administrative adjudicative provisions of the Administrative Procedure Act (APA). Existing law authorizes an agency to formulate and issue a decision by settlement, as provided, except in an adjudicative proceeding to determine whether an occupational license should be revoked, suspended, limited, or conditioned, existing law prohibits a settlement from being made before issuance of the agency pleading.

This bill would authorize the board and licensee to enter into a stipulated settlement and disciplinary order to license discipline without and in advance of the filing of an agency pleading, notwithstanding the above-referenced requirement concerning the APA, and if prescribed conditions are met, including, among others, that the licensee willingly waives the administrative adjudicative procedures of the APA and the licensee submitted mitigation and rehabilitation information, as provided. The bill would require a specified committee of the board to consider the mitigation and rehabilitation information and authorize the committee to extend a stipulated settlement and discipline order offer to the licensee, as provided. The bill would require that the stipulated settlement and disciplinary order be agreed to in writing between the committee and the licensee within 60 calendar days of the date of the licensees waiver of the administrative adjudicative procedures of the APA, as provided. The bill would provide that the stipulated settlement and disciplinary order is contingent upon approval by the board, as provided.