Californians for Safe Prescriptions v. California State Board of Pharmacy

Plaintiff, a nonprofit corporation comprised of pharmacists throughout California, appeals from a judgment denying its petition for writ of mandamus and for injunctive relief wherein plaintiff challenged various regulations promulgated by defendant California State Board of Pharmacy (Board) pertaining to pharmacy technicians. Plaintiff contends that the regulations are invalid because the Board amended them on June 17, 1992 without a public hearing; it also challenges the validity of several regulations on the ground that they are inconsistent with enabling legislation (Bus. & Prof. Code, § 4008.5), or other statutes, or on the ground that they lack the consistency or clarity required of administrative regulations.

Factual and Procedural Background

In 1991, the Legislature passed Assembly Bill No. 1244, which enacted Business and Professions Code section 4008.5, to authorize the use of pharmacy technicians in the prescription dispensing process. As explained in the Legislative Counsel’s Digest to the bill, “Existing law, with specified exceptions, makes it unlawful for any person to manufacture, compound, sell, or dispense, as defined, any dangerous drug or devices, or…