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XAVIER BECERRA Attorney General of California KENT D. HARRIS Supervising Deputy Attorney General SETH A. CURTIS Deputy Attorney General State Bar No. 236263 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550

Telephone: (916) 210-6121 Facsimile: (916) 324-5567

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Statement oflssues Against:

BENITA GHEI LEE

Pharmacy Technician Registration Applicant

Respondent.

Case No. 6557

STATEMENT OF ISSUES

Complainant alleges:

PARTIES

1. Virginia Herold (Complainant) brings this Statement of Issues solely in her official

capacity as the Executive Officer of the Board of Pharmacy (Board), Department of Consumer

Affairs.

2. On or about November 30, 2017, the Board received a Pharmacy Technician

Registration Application from Benita Ghei Lee (Respondent). On or about October 11, 2017,

Respondent certified under penalty of perjury to the truthfulness of all statements, answers, and

representations in the application. The Board denied the application on July 18, 2018.

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( BENITA GHEI LEE) STATEMENT OF ISSUES

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JURISDICTION

3. This Statement of Issues is brought before the Board under the authority of the

following laws. All section references are to the Business and Professions Code unless otherwise

indicated.

STATUTORY PROVISIONS

4. Code section 480 states, in pertinent part:

(a) A board may deny a license regulated by this code on the grounds that the

applicant has one of the following:

(1) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203 .4, 1203 .4a, or 1203 .41 of the Penal Code.

(3) (A) Done any act that if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.

5. Code section 4300(c) states, in pertinent part:

The board may refuse a license to any applicant guilty of unprofessional conduct. ...

6. Code section 4301 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.

(k) The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any dangerous drug or alcoholic beverage, or any combination of those substances.

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( BENITA GHEI LEE) STATEMENT OF ISSUES

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([) The conviction of a crime substantially related to the qualifications, functions, and duties of a licensee under this chapter ...

FACTUAL ALLEGATIONS

Case No. 17CM04979

7. On or about May 15, 2018, in the criminal proceeding People v. Benita Ghei Lee,

Butte County Superior Court Case Number l 7CM04979, Respondent was convicted upon her

pleas of nolo contendere of violating Penal Code section 23152(b ), driving with a blood alcohol

level of .08% or higher, a misdemeanor. Respondent was placed on three years' probation,

ordered to serve 96 hours in jail, pay a fine of $4,030.00, and complete the level 1 DUI school.

8. The circumstances of the conviction are as follows: On or about August 24, 2017,

Respondent was observed by an officer of the California Highway Patrol slumped over the

steering wheel of her vehicle in a parking lot with vomit on the ground under the open driver's

side window of the vehicle. Upon contacting Respondent, the officer noticed that she appeared

lethargic and disoriented. Respondent admitted consuming two tall mugs of beer earlier.

Respondent performed poorly on field sobriety tests and the preliminary alcohol test showed her

to have a blood alcohol level of .14% and .13%. Respondent was arrested and transported to the

Oroville station where she submitted to a chemical breath test that identified her blood alcohol

level as .09% and .10%.

Case No. 17CM05702

9. On or about May 15, 2018, in the criminal proceeding People v. Benita Ghei Lee,

Butte County Superior Court Case Number l 7CM05702, Respondent was convicted upon her

pleas of nolo contendere of violating Penal Code section 23152(b ), driving with a blood alcohol

level of .08% or higher, a misdemeanor. Respondent was placed on three years' probation,

ordered to serve 96 hours in jail, pay a fine of $4,030.00, and complete the level 1 DUI school.

Respondent's sentence was ordered to run concurrent with the sentence imposed in Butte County

Superior Court Case No. l 7CM04979.

10. The circumstances of the conviction are as follows: On or about October 4, 2017,

Respondent was observed by an officer of the California Highway Patrol, driving 62 miles per

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(BENITA GHEI LEE) STATEMENT OF ISSUES

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hour in a 45 mile per hour construction zone. Upon conducting an enforcement stop, the officer

could smell alcohol emitting from Respondent's vehicle. Respondent admitted consuming one

beer a short time earlier. Respondent performed poorly on the field sobriety tests and the

preliminary alcohol test showed her to have a blood alcohol level of .12% and .1 2%. Respondent

was taken to Oroville Medical Center for a chemical blood draw before being transported to the

Butte County Jail where she provided breath samples which identified her blood alcohol level as

.09%.

FIRST CAUSE FOR DISCIPLINE

(Conviction of Substantially Related Crime)

11. Respondent's application is subject to denial under Code sections 480(a)(l),

480(a)(3)(A), 4300(c), and 4301 (l) for unprofessional conduct, in that on or about May 15, 2018,

Respondent was convicted in two separate matters of violating Penal Code section 23152(b ),

driving with a blood alcohol level of .08% or higher, as set forth in paragraphs 7-10 above.

SECOND CAUSE FOR DENIAL OF APPLICATION

(Dangerous Use of Alcohol)

12. Respondent's application is subject to denial under Code sections 480 (a)(3)(A),

4300(c), 4301 subdivision (h) for unprofessional conduct, in that she used alcohol in a dangerous

manner, as set forth in paragraphs 7-10 above.

THIRD CAUSE FOR DISCIPLINE

(Conviction of More Than One Misdemeanor Involving Alcohol)

13. Respondent's application is subject to denial under Code sections 480, subdivision

(a)(3)(A) and 4301 , subdivision (k) for unprofessional conduct, in that, as described in paragraphs

7-10 above, she was convicted ore more than one misdemeanor involving the use, consumption or

self-administration of alcohol.

Ill

Ill

Ill

Ill

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( BENITA GHEI LEE) STATEMENT OF ISSUES

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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 of Pharmacy issue a decision:

1. Denying the application of Respondent Benita Ghei Lee to be registered as a

Pharmacy Technician;

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

DATED: VIRGINIA K. HEROLD Executive Officer California State Board of Pharmacy State of California Complainant

SA2018103033 13300423.docx

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( BENITA GHEI LEE) STATEM ENT OF ISSUES