It will take years of education and hard work to acquire the skills and credentials required to obtain a pharmacist’s or pharmacist technician’s license. However, your livelihood and future will be at risk if accusations of misconduct arise against you. It is important to hire an experienced, licensed pharmacist defense attorney to fight and keep your license during investigations. Fresno License Attorney has a reputable legal team that can provide compelling legal representation to help you achieve a favorable outcome.
The Duties Of The Board Of Pharmacy (BOP)
The BOP is a branch of the Department of Consumer Affairs that licenses California pharmacists and pharmacist technicians. It is charged with protecting the safety, health, and welfare of Californians. The board also regulates, monitors, licenses, and disciplines pharmacists and pharmacist technicians practicing in California. In addition to pharmacists and pharmacy technicians, the board regulates drug manufacturers, distributors, and interns in the pharmaceutical industry.
BOP often consists of 13 members. Seven among these members are registered pharmacists, while four are drawn from the citizens. The board does not work in the pharmacists’ and pharmacist technicians’ favor. It is mandated to protect the public’s interests. The board achieves this by doing the following:
- Promoting wellness, education, and quality of life
- Giving people information on pharmaceutical care, and
- Advocating for high-quality and cheaper medical care
The board has an Enforcement Department that investigates professional misconduct. It will initiate an administrative hearing and discipline if the alleged misconduct is substantial.
The Violations That Can Attract Disciplinary Measures
Prevalent allegations against pharmacists and pharmacist technicians include:
- Unprofessional behavior and ethics violations
- Confidentiality violation with the prescriptions of the patients
- Patient-care violations
- Failure to comply with mandatory reporting requirements
- Claims of drug abuse
- Mistakes in filling prescriptions
- Permitting a non-pharmacist employee to counsel patients regarding their prescription
- Failure to guide patients on properly taking a new prescription
Criminal Convictions
Even a single DUI can significantly affect your professional license. The licensing board may impose punishment if you are found guilty of DUI, under Business and Professions Code 4301. This law not only imposes punishments for DUI crimes but also for other violations.
The law requires that any professional license holder convicted of a crime closely related to their functions, roles, or qualifications be punished. A closely related crime is one that, to a significant degree, evidences your current or possible unfitness to carry out your duties.
For example, DUI is a common offense considered to be closely related to the duties of a pharmacist. A simple narcotic possession conviction can also attract disciplinary action. This will happen if you are guilty of possessing prescription drugs without a prescription. Other closely related violations include:
- Insurance fraud
- Lewd conduct with a child
- Theft, including petty, grand, and identity theft
- Forging prescriptions, and
- Public intoxication
The board can also review to determine whether other violations are closely related to pharmacists’ functions, qualifications, and duties. Even a conviction for a violation unrelated to your qualifications, duties, and functions can result in punishment by the board.
Disciplinary Process
A formal complaint to the board can trigger a disciplinary process if the board considers the accusation substantial. The accusations can come from a law enforcement agency, a patient, a co-worker, or other professionals. The disciplinary process can also start once the board receives notification of a criminal trial against you. It can also begin as part of a DEA action.
Most violations and actions attract the licensing board’s attention. This includes cases you never believed could affect your professional license. The licensing board will assess the acts that can trigger a disciplinary process in the context of consumer safety, health, and welfare. It will examine the underlying professional misconduct to establish the threat it poses.
The board can choose to carry out a formal investigation once someone reports. It will review the claims before the formal investigation to determine if they are founded. The board will drop your case even without you knowing if the claims are unfounded. If the claims have merit, the board will ascertain if it has jurisdiction over the issue. The licensing board has no jurisdiction over certain cases. In this case, the board will forward the case to the appropriate authorities and close it if it lacks jurisdiction. Formal investigations will only start if the board has jurisdiction over your case.
The board, DCA, or DEA investigators will carry out a formal investigation. Though not often, the board will inform you of the investigation. The investigator will call you to ask you questions or request an interview. He\she can also serve you with a letter requesting information.
Sometimes, you can be convinced to cooperate when an investigator calls you or sends a letter. You have a right under the law to refuse to respond to any questions or requests from an investigator or the board. It is important to consult your license defense attorney immediately. Allow your attorney to call and handle the investigator. Your attorney will ensure the investigations proceed in a manner that protects your rights and license.
The board can take one or two actions after the investigations based on its findings. It will drop your charges confidentially if the investigations show that the accusation is minor. The board can also impose lesser penalties, such as:
- Inviting you to a voluntary educational review
- An educational letter
- A warning letter
- A citation, or
- A fine
Your case will be sent to the office of the Attorney General if the investigation reveals it is serious. If you are a licensee, the deputy attorney general will file a formal accusation against you. A statement of issues will be filed if you are a license applicant. These documents will trigger a formal administrative hearing process. If you have yet to hire a license defense attorney at this level, you should do so fast. You will be given a period of up to 15 days to file your response to the allegations and to request a hearing. The board will make a default ruling maintaining the allegations against you in the formal accusation if you fail to respond. You will then face the punishment recommended in the formal accusation. Often, you will face severe disciplinary measures.
However, the law allows you to deny the claims during the board hearing. At this stage, your license attorney can fight for your license in the following ways:
- Preparing to represent you in court if your charges are subject to an administrative hearing
- Bargain for a stipulated settlement with the board. This is where you will admit to some or all of the allegations in exchange for probation or other lesser disciplinary actions.
- Putting together solid mitigating factors
Your case will be subject to an administrative hearing if you disagree with the board on a stipulated settlement. The hearing will take place before an Administrative Law Judge at one of the administrative hearing offices. It is vital to seek the services of a reputable license attorney in these hearings. On the other hand, the board will be represented by an attorney from the Office of the Attorney General. The judge will give both sides a chance to table their evidence and cross-examine witnesses. Your license will be subject to an interim suspension order during the administrative hearing.
The judge is usually an independent party. He/she is not inclined to serve on the board because the board often seeks to strip accused persons of their professions and licenses. The board must prove that you must not continue practicing.
The judge will consider the evidence submitted during the proceedings and issue a ruling within 30 days. He/she will recommend disciplinary measures if he/she decides that you are subject to discipline. The board has the power to adopt the judge’s recommendations or modify them. It can also reject the recommendations and impose another punishment that it considers suitable.
Disciplinary Measures
The board will follow its published Manual of Disciplinary Guidelines and Model Disciplinary Orders to impose disciplinary measures on you. You will face disciplinary measures based on various factors. The main factors to be considered are the potential or actual harm your offense may cause to patients or the public. Other factors include:
- Aggravating and mitigating evidence
- Your criminal record
- If you have ever faced disciplinary measures from the board before
Your attorney can present the following mitigating factors:
- Rehabilitation evidence
- Attempts to pay victim restitution and remorse
- Your employer’s character reference and other officials involved in the hearings
- The time that elapsed since your conviction and the absence of a new charge within that period
- Participation in relevant therapy or counseling
- Participation in volunteer activities and other forms of philanthropic work
The board will take into account various factors because license discipline is not a punitive action. A license discipline is often an evaluative action to ensure patients do not suffer injuries from your continued practice. Disciplinary measures are imposed based on the levels of violations as follows:
Level One Violations
This level has less dangerous but repeated minor infractions. Some of the infractions are:
- Failing to inform the board about changing your address
- Practicing without a valid license, and
- Failing to keep up-to-date treatment records
Professionals in this category often face license revocation. You will also face probation of up to 2 years.
Level Two Violations
This level covers acts that can cause serious disrespect for the field’s ethics, principles, and safety standards. The violations committed at this level are infractions like:
- Misleading advertisements
- Unlawful release of patient data
- Skipping an administrative hearing
Your license will be revoked if you fall in this category. The board will also impose probation not to exceed 3 years.
Level Three Violations
This level includes serious criminal violations, but less severe than others. The offenses in this category are:
- Unlawful practice of medicine
- Aiding and abetting illegal activities
- Misleading or fraudulent allegations
- Gross negligence
- Sexual misconduct with patients
- Crimes of moral turpitude
Level Four Violations
This level encompasses more serious crimes and involves a single disciplinary measure: license revocation. There are no alternatives for punishment at this level. Some of the crimes in this category include:
- Using your license for sexual purposes
- Sexual misconduct
- Excessive treatment
- Physical assault, and
- Fraudulent activities
The Steps You Should Take If Your License Is Suspended
Some of the steps you should take after the suspension of your license include:
Get To Know Why You Are Suspended
You will be investigated and given a chance to attend an administrative hearing before the board suspends your license. Sometimes, the board can automatically suspend your license for failure to pay your fees and penalties, or for violating your professional probation. You can only rectify your suspension before moving forward once you understand why you were suspended.
Complete The Requirements For Your Suspension
The board could suspend your license for a designated period depending on the nature of your crime. You can face certain conditions when the board suspends your license. Some of the conditions you could face include payment of administrative fines and continued education.
File A Petition For Reinstatement
You can petition BOP to reinstate your license if you have met all the suspension requirements. However, you must prove to the court that you have been rehabilitated from your behavior before your license is reinstated. You must also show the board how you have been earning a living during the suspension period.
A Review Of Your Petition
The board will review your petition and the attached documents to ascertain if you qualify for a license reinstatement. Your license will be reinstated if you meet the criteria.
Find A Skilled License Attorney Near Me
Is your pharmacist’s or pharmacy technician’s license at risk? You should move fast and contact an experienced attorney to help you challenge the allegations against you. A lot is at stake if you are under board investigation. Do not try to handle the board of investigators on your own. Keep in mind that the board investigators are employed by the board and do not prioritize your well-being.
On the other hand, an attorney works for you and will do everything possible to safeguard your interests.
At the Fresno License Attorney, we have compassionate attorneys who can help protect your professional license. We have helped many professionals whose licenses were at risk of suspension or revocation, achieving great outcomes in their cases. Contact us today at 559-388-5402 to speak to one of our attorneys.
