Maxwell-Jolly

Golden Drugs Co., Inc., doing business as Golden Drugs Pharmacy (Pharmacy), appeals from a judgment denying its petition for a writ of mandamus (Code Civ. Proc., § 1085), which challenged the termination of Pharmacy’s Medi-Cal provisional provider license by defendant Sandra Shewry, as then director of the State Department of Health Care Services (the Department). (Health & Saf. Code, § 20 [name change from Department of Health Services]; Welf. & Inst. Code, § 14043.65. ) Pharmacy disputes that it allowed a pharmacy technician to dispense medication without direct supervision and control of a pharmacist. Pharmacy contends (1) this court should consider extra-record evidence; (2) the evidence is insufficient to support the judgment; and (3) the Department’s actions were arbitrary and capricious and denied due process. We shall affirm the judgment.

STATUTORY AND REGULATORY FRAMEWORK

The Department administers the Medi-Cal program, by which California participates in the federal Medicaid program ( 42 U.S.C. § 1396 et seq.) to provide medical services to eligible persons. (§§ 10720 et seq., 14000 et seq.; Cal. Code Regs., tit. 22, § 51000 et seq.; Marvin Lieblein, Inc. v.…