board of pharmacy department of consumer affairs … · william garcia 16950 gramercy pl. #39a...

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA

In the Matter of the Accusation Against:

WILLIAM GARCIA 16950 Gramercy Pl. #39A Gardena, CA 90247

Pharmacy Technician Registration No. TCH 134320

Respondent.

Case No. 6388

DECISION AND ORDER

The attached Stipulated Surrender of License and Order is hereby adopted by the Board

of Pharmacy, Department of Consumer Affairs, as its Decision in this matter.

This Decision shall become effective at 5:00 p.m. on July 10, 2018.

It is so ORDERED on June 11, 2018.

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRSSTATE OF CALIFORNIA

ByVictor Law, R.Ph.Board President

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XAVIER BECERRA Attorney General of CaliforniaLINDA K. SCHNEIDER Senior Assistant Attorney GeneralARMANDO ZAMBRANO Supervising Deputy Attorney GeneralState Bar No. 225325

300 So. Spring Street, Suite 1702Los Angeles, CA 90013 Telephone: (213) 269-6322 Facsimile: (213) 897-2804

Attorneys for Complainant


DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA


WILLIAM GARCIA 16950 Gramercy Pl. #39A Gardena, CA 90247 Pharmacy Technician Registration No. TCH 134320

Respondent.

Case No. 6388

STIPULATED SURRENDER OF LICENSE AND ORDER

IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

entitled proceedings that the following matters are true:

PARTIES

1. Virginia Herold (Complainant) is the Executive Officer of the Board of Pharmacy

(Board). She brought this action solely in her official capacity and is represented in this matter by

Xavier Becerra, Attorney General of the State of California, by Armando Zambrano, Supervising

Deputy Attorney General.

2. William Garcia (Respondent) is representing himself in this proceeding and has

chosen not to exercise his right to be represented by counsel.

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Stipulated Surrender of License (Case No. 6388)

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3. On or about August 16, 2013, the Board issued Pharmacy Technician Registration

No. TCH 134320 to William Garcia (Respondent). The Pharmacy Technician Registration was in

full force and effect at all times relevant to the charges brought in Accusation No. 6388 and will

expire on January 31, 2019, unless renewed.

JURISDICTION

4. Accusation No. 6388 was filed before the Board, and is currently pending against

Respondent. The Accusation and all other statutorily required documents were properly served

on Respondent on April 11, 2018. Respondent timely filed his Notice of Defense contesting the

Accusation. A copy of Accusation No. 6388 is attached as Exhibit A and incorporated by

reference.

ADVISEMENT AND WAIVERS

5. Respondent has carefully read, and understands the charges and allegations in

Accusation No. 6388. Respondent also has carefully read, and understands the effects of this

Stipulated Surrender of License and Order.

6. Respondent is fully aware of his legal rights in this matter, including the right to a

hearing on the charges and allegations in the Accusation; the right to be represented by counsel, at

his own expense; the right to confront and cross-examine the witnesses against him; the right to

present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

the attendance of witnesses and the production of documents; the right to reconsideration and

court review of an adverse decision; and all other rights accorded by the California

Administrative Procedure Act and other applicable laws.

7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

every right set forth above.

CULPABILITY

8. Respondent admits the truth of each and every charge and allegation in Accusation

No. 6388, agrees that cause exists for discipline and hereby surrenders his Pharmacy Technician

Registration No. TCH 134320 for the Board's formal acceptance.

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9. Respondent understands that by signing this stipulation he enables the Board to issue

an order accepting the surrender of his Pharmacy Technician Registration without further process.

CONTINGENCY

10. This stipulation shall be subject to approval by the Board. Respondent understands

and agrees that counsel for Complainant and the staff of the Board may communicate directly

with the Board regarding this stipulation and surrender, without notice to or participation by

Respondent. By signing the stipulation, Respondent understands and agrees that he may not

withdraw his agreement or seek to rescind the stipulation prior to the time the Board considers

and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, the

Stipulated Surrender and Disciplinary Order shall be of no force or effect, except for this

paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not

be disqualified from further action by having considered this matter.

11. The parties understand and agree that Portable Document Format (PDF) and facsimile

copies of this Stipulated Surrender of License and Order, including Portable Document Format

(PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.

12. This Stipulated Surrender of License and Order is intended by the parties to be an

integrated writing representing the complete, final, and exclusive embodiment of their agreement.

It supersedes any and all prior or contemporaneous agreements, understandings, discussions,

negotiations, and commitments (written or oral). This Stipulated Surrender of License and Order

may not be altered, amended, modified, supplemented, or otherwise changed except by a writing

executed by an authorized representative of each of the parties.

13. In consideration of the foregoing admissions and stipulations, the parties agree that

the Board may, without further notice or formal proceeding, issue and enter the following Order:

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ORDER

IT IS HEREBY ORDERED that Pharmacy Technician Registration No. TCH 134320,

issued to Respondent William Garcia, is surrendered and accepted by the Board of Pharmacy.

1. Respondent surrenders license number TCH 134320 as of the effective date of this

decision. Respondent shall relinquish his license, including any indicia of licensure issued by the

Board, to the Board within ten (10) days of the effective date of this decision.

2. The surrender of respondent's license and the acceptance of the surrendered license by

the Board shall constitute the imposition of discipline against respondent. This decision

constitutes a record of discipline and shall become a part of respondent's license history with the

Board.

3. Respondent may only seek a new or reinstated license from the Board by way of a

new application for licensure. Respondent understands and agrees that if he ever files an

application for licensure or a petition for reinstatement in the State of California, the Board shall

treat it as a new application for licensure shall not be eligible to petition for reinstatement of

licensure.

4. Respondent may not apply for any license, permit, or registration from the Board for

three (3) years from the effective date of this decision. Respondent stipulates that should he apply

for any license from the Board on or after the effective date of this decision, all allegations set

forth in the Accusation No. 6388 shall be deemed to be true, correct and admitted by respondent

when the Board determines whether to grant or deny the application. Respondent shall satisfy all

requirements applicable to that license as of the date the application is submitted to the Board,

including, but not limited to, taking and passing licensing examination(s) as well as fulfilling any

education or experience requirements prior to the issuance of a new license.

5. Respondent is required to report this surrender as disciplinary action.

6. Respondent stipulates that should he apply for any license from the Board on or after

the effective date of this decision the investigation and prosecution costs in the amount of

$898.00 shall be paid to the Board prior to issuance of the new license.

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To: 12138972804 From: 3105385983 5-17-18 !2:12pm p. 1 of 1

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ACCEPTANCE

I have carefully read the Stipulated Surrender of License and Order. Iunde.rstand the

stipubtilon and the effect it will have on my Phannacy Technicim Registration. I enter into this

StipLilai:ed Surrender of License and Order voluntarily, knowingly, and intelligently, and agree to

be l:ound by the Decision and Order of the Board ofPharmacy.

DATED: ----I·

'•

5/o),/co/ 'if ~ ~;!f-0 ·Mt'tf'AMGARi::IA -----Respondent

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StiptJated Surrender ofLicense (Case No. 6388'1

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ENDORSEMENT

The foregoing Stipulated Surrender of License and Order is hereby respectfully submitted

for consideration by the Board of Pharmacy of the Depmiment of Consumer Affairs.

Dated: 5 _1'1>- "2....0 ~ Respectfully submitted,

XAVIER BECERRA .

Attorney General of California LINDA K. SCHNEIDER

~~om;:; ARMANDO ZAI'v1BRANO Supervising Deputy Attorney General Attorneys for Complainant

LA20 18500786 62800687 3.doc

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Exhibit A

Accusation No. 6388

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XAVIER BECERRA Attorney General of California LINDA K. SCHNEIDER Senior Assistant Attorney General ARMANDO ZAMBRANO Supervising Deputy Attorney General State Bar No. 225325

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269-6322 Facsimile: (213) 897-2804

Attorneysfor Complainant


DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA


WILLIAM GARCIA 16950 Gramercy Pl. #39A Gardena, CA 9024 7

Pharmacy Technician Registration No. TCH 134320

Respondent.

Case No. 6388

ACCUSATION

Complainant alleges:

PARTIES

1. Virginia Herold (Complainant) brings this Accusation solely in her official capacity

as the Executive Officer ofthe Board of Pharmacy (Board), Department of Consumer Affairs.

2. On or about August 16, 2013, the Board issued Pharmacy Technician Registration

Number TCH 134320 to William Garcia (Respondent). The Pharmacy Technician Registration

was in full force and effect at all times relevant to the charges brought herein and will expire on

January 31, 2019, unless renewed.

(WILLIAM GARCIA) ACCUSATION

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JURISDICTION

3. Section 4300 of the Code provides in pertinent part, that every license issued by the

Boards is subject to discipline, including suspension or revocation.

4. Section 4300.1 of the Code states:

"The expiration, cancellation, forfeiture, or suspension of a board-issued license by

operation of law or by order or decision of the board or a court of law, the placement of a license

on a retired status, or the voluntary surrender of a license by a licensee shall not deprive the board

ofjurisdiction to commence or proceed with any investigation of, or action or disciplinary

proceeding against, the licensee or to render a decision suspending or revoking the license."

STATUTORY PROVISIONS

5. Section 4301 of the Code states, in pertinent part:

"The board shall take action against any holder of a license who is guilty of unprofessional

conduct or whose license has been issued by mistake. Unprofessional conduct shall include, but is

not limited to, any of the following:

"(h) The administering to oneself, of any controlled substance, or the use of any dangerous

drug or of alcoholic beverages to the extent or in a manner as to be dangerous or injurious to

oneself, to a person holding a license under this chapter, or to any other person or to the public, or

to the extent that the use impairs the ability of the person to conduct with safety to the public the

practice authorized by the license.

"U) The violation of any of the statutes of this state, of any other state, or ofthe United

States regulating controlled substances and dangerous drugs."

6. Section 4060 ofthe Code states:

"No person shall possess any controlled substance, except that furnished to a person upon

the prescription of a physician, dentist, podiatrist, optometrist, veterinarian, or naturopathic doctor

pursuant to Section 3640.7,or furnished pursuant to a drug order issued by a certified

nurse-midwife pursuant to Section 2746.51, a nurse practitioner pursuant to Section 2836.1, or a

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physician assistant pursuant to Section 3502.1, or naturopathic doctor pursuant to Section 3640.5,

or a pharmacist pursuant to either subparagraph (D) of paragraph (4) of, or clause (iv) of

subparagraph (A) of paragraph (5) of, subdivision (a) of Section 4052. This section shall not

apply to the possession of any controlled substance by a manufacturer, wholesaler, pharmacy,

pharmacist, physician, podiatrist, dentist, optometrist, veterinarian, naturopathic doctor, certified

nurse-midwife, nurse practitioner, or physician assistant, when in stock in containers correctly

labeled with the name and address of the supplier or producer.

"Nothing in this section authorizes a certified nurse-midwife, a nurse practitioner, a

physician assistant, or a naturopathic doctor, to order his or her own stock ofdangerous drugs and

devices."

REGULATORY PROVISIONS

7. California Code of Regulations, title 16, section 1770, states:

"For the purpose of denial, suspension, or revocation ofa personal or facility license

pursuant to Division 1.5 (commencing with Section 475) of the Business and Professions Code, a

crime or act shall be considered substantially related to the qualifications, functions or duties of a

licensee or registrant if to a substantial degree it evidences present or potential unfitness ofa

licensee or registrant to perform the functions authorized by his license or registration in a manner

consistent with the public health, safety, or welfare."

COST RECOVERY

8. Section 125.3 of the Code provides, in pertinent part, that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case, with failure of the licentiate to comply subjecting the license to not being

renewed or reinstated. If a case settles, recovery of investigation and enforcement costs may be

included in a stipulated settlement.

CONTROLLEDSUBSTANCEffiANGEROUSDRUG

9. "Adderall" is a Schedule II controlled substance pursuant to Health and Safety Code

section 11 055( d) and is a dangerous drug pursuant to Code section 4022.

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(WI LLIAM G ARCIA) ACCUSATION

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FIRST CAUSE FOR DISCIPLINE

(Dangerous Use of Alcohol)

10. Respondent is subject to disciplinary action under section 4301 (h), in conjunction

with, California Code of Regulations, title 16, section 1770, on the grounds of unprofessional

conduct, in that Respondent used alcoholic beverages to an extent or in a manner dangerous or

injurious to himself, any person, the public, or to the extent that the use impairs the ability of the

person to conduct with safety to the public the practice authorized by the license as follows:

a. On or about September 9, 2017, Redondo Beach Police Department officers

conducted a traffic stop on a vehicle for speeding, driving without headlights, failure to stop at a

flashing red light, and swerving in and out of lanes. Upon contacting the Respondent, the officer

observed a strong odor of alcohol coming from his person, heavy slurred speech, and bloodshot

and watery eyes. Respondent was unable to satisfactory perform any of the Standardized Field

Sobriety Tests and unable to follow basic instructions. Subsequently, Respondent was transported

to Redondo Beach Police Department Jail. During a pre-booking search, an officer found one

200mg Adderall pill inside Respondent's sock wrapped in a napkin. Respondent's blood test

revealed a blood alcohol concentration of 0.24%.

SECOND CAUSE FOR DISCIPLINE

(Illegal Possession of a Controlled Substance and Dangerous Drug)

11. Respondent is subject to disciplinary action under section 4301 (j) in conjunction with

section 4060, on the grounds of unprofessional conduct, in that Respondent was found to be in

possession of Adderall, a controlled substance and dangerous drug, without a valid prescription.

Complainant refers to, and by reference incorporates, the allegations set forth above in paragraph

10, as though set forth fully.

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LA20 18500786 52852633 2.doc

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PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

and that following the hearing, the Board issue a decision:

I. Revoking or suspending Pharmacy Technician Registration Number TCH 134320,

issued to William Garcia;

2. Ordering William Garcia to pay the Board the reasonable costs of the investigation

and enforcement of this case, pursuant to Business and Professions Code section 125.3; and,

3. Taking such other and further action as deemed necessary and proper.

DATED: VIRGINIA HEROLD Executive Officer Board of Pharmacy Department of Consumer Affairs State ofCalifomia Complainant

board of pharmacy department of consumer affairs … · william garcia 16950 gramercy pl. #39a...

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