Pharmacies: license discipline: stipulated settlement and disciplinary order.

Plain English Breakdown

The official summary does not provide detailed conditions for entering into a stipulated settlement beyond mentioning waiver of APA procedures and submission of mitigation information.

Pharmacies: License Discipline Changes

The bill allows pharmacists and the California State Board of Pharmacy to settle disciplinary issues through a stipulated settlement before formal legal action, under certain conditions.

What This Bill Does

• Allows pharmacists and the board to enter into a stipulated settlement for license discipline without filing an agency pleading if specific conditions are met.
• Requires that a committee reviews mitigation and rehabilitation information submitted by the licensee.
• Sets a time limit of 60 days for both sides to agree in writing after the pharmacist waives formal procedures.
• Makes sure the final agreement needs approval from the full board before it becomes official.

Who It Names or Affects

• Pharmacists who might break rules and need discipline from the California State Board of Pharmacy.
• The committee that reviews cases and makes settlement offers.
• The full board that must approve any settlements.

Terms To Know

stipulated settlement

An agreement between two parties to settle an issue before going through formal legal procedures.

disciplinary order

A punishment given by a board or agency for breaking rules.

Limits and Unknowns

• The bill does not specify the exact conditions that must be met for entering into a stipulated settlement.
• It is unclear how much funding will be needed to pay claims against the state and when additional legislation might address this issue.

Official Summary Text

AB 2141, as amended,
Wicks
Patterson.
Claims against the state: appropriation.
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 licensee’s 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.
Under existing law, if sufficient appropriations are not available for the payment of certain claims, settlements, or judgments, the Attorney General is required to report the claims, settlements, and judgments to the chairperson of either the Senate Committee on Appropriations or the Assembly Committee on Appropriations, who is then required to cause introduction of legislation appropriating the funds necessary for payment.
This bill would express the intention of the Legislature to enact subsequent legislation relating to the payment of claims against the state.

Current Bill Text

Download Bill PDF