It takes several years of education and hard work to acquire the necessary credentials and skills to secure a pharmacist technician's or pharmacist’s license. When allegations of professional misconduct arise against you, your future and livelihood might be at risk. Hiring a skilled pharmacist license defense lawyer is key to defending and keeping your license during investigations or disciplinary proceedings by the California Board of Pharmacy (BOP).

At Fresno License Attorney, we can assist. We provide compelling legal representation to professional license holders, including pharmacists and pharmacist technicians. We always strive to ensure our clients continue to perfect their careers and protect their livelihoods by retaining their licenses. Call us now for a consultation.

BOP Roles and Functions

The BOP licenses California pharmacist technicians and pharmacists; it is a branch of the DCA (Department of Consumer Affairs). It is responsible for protecting Californians' welfare, safety, and health. Consequently, it licenses, monitors, regulates, and disciplines pharmacist technicians and pharmacists practicing in California. Besides pharmacist technicians and pharmacists, the board regulates interns in the pharmaceutical industry and drug distributors and manufacturers.

The board comprises 13 members. Among these members, seven are registered pharmacists, while four are members of the public. As implied above, the board is not on the pharmacists’ and pharmacist technicians’ side. Instead, it protects public interests. As provided on its website, the board:

  • Advocates for high-quality and affordable medical care
  • Provides the public with information on pharmaceutical care
  • Promotes education, wellness, and quality of life.

The BOP has an Enforcement Unit that investigates alleged professional misconduct. If investigators substantiate the misconduct, the board may initiate administrative prosecution and discipline.

Common Allegations that Trigger Disciplinary Action

Prevalent accusations against pharmacist technicians or pharmacists include the following:

  • Failure to advise a patient on properly taking a new prescription
  • Allowing a non-pharmacist worker to counsel patients about their prescription
  • Errors in filling prescriptions
  • Alleged drug abuse
  • Failure to adhere to mandatory reporting requirements
  • Patient-care violations
  • Confidentiality violations with patient prescriptions
  • Unprofessional conduct and ethics violations

Criminal Convictions

Many pharmacists and pharmacy technicians are shocked to find out that even a single DUI can severely impact their license. The BOP will subject you to discipline if found guilty of DUI per Business and Professions Code (BPC) 4301. BPC 4301 does not only impose disciplinary action for DUI offenses but also for other crimes.

The law necessitates that any professional license holders convicted of an offense substantially related to their duties, functions, and qualifications face discipline. A “substantially related” offense is a crime that, to a significant degree, evidences a licensee's current or potential unfitness to perform the duties their license authorizes in a way consistent with public welfare, safety, or health.

DUI, for example, is among the most prevalent crimes considered substantially related to pharmacist duties. A simple narcotic possession conviction could also lead to disciplinary action. This is especially true if you were found guilty of prescription drug possession without a valid prescription. Other substantially related crimes include:

  • Public intoxication
  • Forging prescriptions
  • Theft, including identity, grand, and petty theft
  • Lewd conduct with a child
  • Insurance fraud

The board can review whether other offenses are substantially related to pharmacist duties, qualifications, and functions. Even a conviction of a crime unrelated to pharmacist functions, responsibilities, and qualifications can lead to disciplinary action.

The Board of Pharmacy Disciplinary Process

A formal complaint to the California State Board of Pharmacy initiates the disciplinary process. The complaint could be from:

  • A co-worker
  • A patient
  • A law enforcement agency
  • Other professionals

The disciplinary process may also commence when the board receives notification of criminal proceedings against you. Or it may start as part of a DEA action.

Many mistakes and actions draw the board's attention. This includes the incidents you never thought could hurt your license. The board reviews the acts that might prompt a disciplinary process in the context of the public and consumer's safety, welfare, and health. It assesses the alleged professional misconduct to determine what threat it poses.

Once someone files a complaint against you, the board may decide to conduct a formal investigation. First, before the formal investigation, the board will review the complaint to establish whether it is founded.

If the allegations are unfounded, the board will close the case without you even knowing. If the complaint has merit, the board will determine where it has jurisdiction over the matter. There are matters the board has no jurisdiction over. If the board lacks jurisdiction over the matter, it can send it to the proper authorities and close it. If it does, that is when a formal investigation begins.

The formal investigation will be conducted by board, DEA, or DCA investigators. Often, though not always, the board will notify you of the probe. This happens when an investigator contacts you to request an interview or ask questions. Or the board will send you a letter requesting information.

If an investigator contacts you or you are sent a letter, your instinct might tell you to cooperate. Do not. You are entitled to respectfully decline to respond to any requests or questions from the board or an investigator, and you should. You should then call an expert license defense lawyer immediately. Your lawyer will be the one to contact and deal with the investigator. They will ensure the investigations proceed in a way that safeguards your license and rights.

After the investigations, the board may take one of two actions based on the action. If the investigations reveal the case is minor, the board may close the case confidentially. Or it may impose less severe penalties such as:

  • A fine
  • A citation
  • A warning letter
  • An educational letter
  • Invite you to a voluntary educational review

If the investigations found the matter severe, it may send the case to the Office of the Attorney General. The deputy attorney general may then file a formal Accusation against you if you are a licensee. If you are a license applicant, they will file a statement of issues. Either of these documents initiates a formal administrative hearing process.

If you are yet to retain counsel at this stage, you want to do so immediately. You have a brief period (15 days) to file your response to the accusation and demand a hearing. Failure to which the board will issue a default ruling confirming the allegations in the formal accusation. Then, it will impose the disciplinary action recommended in the formal accusation. Quite often, the disciplinary action will be severe.

You are entitled to deny the allegations against you and a board hearing. At this point, a skilled lawyer can assist in defending your professional license in various ways:

  • Piecing together strong mitigating factors
  • Negotiating for a stipulated settlement with the board. This is whereby you confess to all or some of the accusations in exchange for license probation or other discipline leases harmful to your professional license.
  • Preparing to represent you in case the matter is subject to administrative proceedings

If the board or you disagree on a stipulated settlement, the case is subject to an administrative hearing. The hearing occurs before an administrative law judge (ALJ) at one of the offices of administrative hearings. You have a right to attorney representation in these hearings. On the other hand, a lawyer from the Office of the Attorney General will represent the board. The judge will allow both sides to present evidence and cross-examine witnesses. Remember that during the administrative proceedings, your license may be subject to an interim suspension order.

Remember, an administrative law judge is an independent party. They are not aligned with the BOP. Since the BOP will seek to strip you of your license and career, they have the burden of proving you should not cotinue retaining your license.

After the proceedings, the ALJ considers the evidence submitted during the hearing and renders their decision within thirty days. Should the judge rule that you are subject to discipline, they recommend disciplinary action. The board has the discretion to adopt the judge's recommendation as it is or modify it. They can also reject the recommendation and decide on their disciplinary action. The board then issues a disciplinary order.

Board Disciplinary Actions

The board imposes discipline per its published Manual of Disciplinary Guidelines and Model Disciplinary Orders. There are seventeen factors it considers when determining a disciplinary action to impose. The primary one is the potential or actual harm your violation caused to the general public. Other factors are:

  • Whether the board has imposed disciplinary action against you before
  • Your criminal record
  • Mitigating and aggravating evidence

Some of the mitigating factors your lawyer can present to the board include:

  • Participation in volunteer activities and other forms of philanthropic work
  • Participation in relevant counseling or therapy
  • The period that has passed since your conviction and the absence of any new charge within that period
  • Character references from employers or other officials involved in the legal proceedings
  • Your remorse and attempts to pay victim restitution
  • Evidence of rehabilitation

The board considers several factors because license discipline is not deemed a punitive measure. Instead, it is an evaluative action to ensure the public does not face danger from the licensee’s continued practice.

After considering all the factors, the disciplinary guidelines manual recommends penalties for different violations. These penalties are:

  • Public reproval: The board subjects you to a public admonishment
  • Public reprimand: The board issues you a public letter of reprimand reproving you for violating pharmacy laws.
  • Probation: You may continue practicing or operating under specific conditions.
  • Suspension/probation: The board prohibits you from operating or practicing for a given period, and your right to operate or practice depends on specific terms and conditions during the probation period
  • License suspension: The board prohibits you from operating or practicing for a given period.
  • License revocation: The board cancels the license, ending your right to operate or practice pharmacy. This is the most severe form of discipline.
  • Stay of suspension or revocation: The board stays or postpones the suspension or revocation of your license and puts you on probation
  • Voluntary surrender: You return your license to the board, subject to given conditions of surrender and acceptance by the board. The board cancels the license, ending your right to operate or practice.

Except for the most severe violations, most disciplinary actions allow the pharmacist to continue practicing under probationary terms.

If, after the administrative hearing, you are not content with the ruling or believe the judge committed a legal mistake, you can appeal. Appealing involves filing a writ of mandate with a superior court. Your lawyer can help you with the appeal process. Not that the superior court will not hear new evidence or arguments. It will only review the proceedings by the ALJ to determine whether the proceedings were fair or if the judge committed a mistake.

The court might send the matter back to the board if an error was made. The board may conduct another hearing with the same or different ALJ. If you are not content with the superior court’s decision, you can appeal further to the Court of Appeals and the Supreme Court if you are still not content. The Supreme Court's decision is final.

You may also file a petition requesting relief from the board's imposed discipline. There are particular requirements to qualify for this kind of petition. However, you may successfully obtain early probation termination or a modification of the terms. The board can also reinstate a revoked pharmacy license upon petition. Your lawyer will help you file a compelling petition for reinstatement or relief.

Contact a Reputable Professional License Defense Lawyer Near Me

As a pharmacist or pharmacist technician, you are bound to commit mistakes in your day-to-day duties. However, do not allow those mistakes to jeopardize your life and career, especially if they are genuine. If you learn that you are under investigation by the BOP for a mistake you committed, you want to seek legal help as soon as possible. With a lawyer's help, you stand a greater chance of retaining your license.

At Fresno License Attorney, we know the intricacies of defending a pharmacist technician's or pharmacist’s license. Whether the allegations against you arose from accusations of malpractice, a criminal matter, or an ethics complaint case, we can help protect your interests. We offer a free consultation to assess your case and advise on your legal options. Call us at 559-777-7040 for expert defense.