1. (a) The executive officer or his/her designee may issue a citation which may contain either or both an administrative fine and an order of abatement for:

   1. (1) A violation of the Pharmacy Law (Business and Professions Code 4000 et seq.).
   2. (2) A violation of a regulation adopted by the board.
   3. (3) A violation of the Confidentiality of Medical Information Act (Civil Code 56 et seq.).
   4. (4) Defaulting on a United States Department of Health and Human Services education loan.
   5. (5) A violation of other statutes or regulations for which the board may issue a citation.
2. (b) Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statute or regulations alleged to have been violated. The citation shall be served upon the individual personally or by certified mail.
3. (c) A citation must inform the cited person or entity that if he/she or it desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the issuance of the citation. If a hearing is not requested pursuant to this article, payment of any fine shall not constitute an admission of the violation charged.

Note: Authority cited: Sections 125.9, 148, 685 and 4005, Business and Professions Code; and Section 56.36, Civil Code. Reference: Sections 125.9, 148 and 685, Business and Professions Code; and Section 56.36, Civil Code.

History

1. New article 9.5 and section filed 5-31-95; operative 6-30-95 (Register 95, No. 22).

2. Amendment of subsection (a) and Note filed 3-1-2000; operative 3-31-2000 (Register 2000, No. 9).

3. Amendment of subsection (a) and new subsection (d) filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).

4. Change without regulatory effect renumbering former article 9.5 heading to new article 9 heading filed 9-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 37).

5. Amendment of section heading, section and Note filed 9-11-2003; operative 10-11-2003 (Register 2003, No. 37).