Studying to become a pharmacist or pharmacy technician and navigating the licensing process requires time and effort. Your license enables you to provide your services as a pharmacist or pharmacy technician in California. However, you can lose this license in suspension or revocation if you violate the California Board of Pharmacy rules.

The board receives allegations about licensed professionals, investigates them, and imposes disciplinary action on the license. You must aggressively fight the allegations to avoid having restrictions on your license or losing it if you are under investigation by the board in Riverside, CA.

At Riverside License Attorney, we are dedicated to protecting your rights and guiding you through the disciplinary process so your case can have a favorable outcome.

Critical Role of Pharmacists and Pharmacy Technicians

Pharmacists are healthcare professionals specializing in dispensing, preserving, and storing medication in hospitals, community pharmacies, and specialty clinics. A pharmacy technician, on the other hand, works closely with a pharmacist to ensure the proper handling and dispensing of medication.

The roles of pharmacists and pharmacy technicians include:

  • Verifying the dosage of medication prescribed by other healthcare professionals

  • Preparing and dispensing prescriptions as indicated by the physicians

  • Ensuring that the patients are not at risk of adverse effects from using the prescribed medication

  • Determining whether the prescribed medications will interact with each other

  • Administering vaccines, which include flu shots

  • Educating patients on the right way to take or administer different medications

  • Basic record-keeping of the drugs dispensed to different patients

  • Answering queries and concerns regarding medicines for sale in pharmacies

The California State Board of Pharmacy

The California State Board of Pharmacy is part of the Department of Consumer Affairs. The board regulates the practice of pharmacists and pharmacy technicians in the state. Additionally, it ensures that pharmaceutical manufacturers and distributors follow the right process. This helps ensure the safety of all patients requiring drugs or medical equipment.

The Board of Pharmacy achieves its goal through:

  • Licensing of professionals. The board sets a standard of education and training for each professional to obtain a license and practice pharmacy in California.

  • Setting practice standards. Even after issuing a pharmacist license, the board has standards each licensed professional must meet, including ethical and safety standards.

  • Receiving and investigating complaints. If you deviate from the required standards of practice, your conduct will be reported to the board. An investigation is then done to dismiss or substantiate the allegations.

  • Imposing discipline. If you are found liable for misconduct after the investigation, the board is responsible for imposing the appropriate disciplinary measures on your license.

Violations Investigated by the California Board of Pharmacy

You could face an investigation and potential discipline by the Board of Pharmacy if you are reported for the following violations:

  • Gross negligence. As a licensed pharmacist, you are responsible for exercising reasonable care to ensure the safety and well-being of your patients. Negligence involves acting in a way that could predispose a patient to severe injury or death. Actions that constitute gross negligence include ignoring potential drug interactions, giving patients the wrong medication, and dispensing excessive doses of medication.

  • Substance abuse. The use of drugs and alcohol can impair your judgment and impact your ability to offer safe services to patients. For this reason, the use of drugs, especially when attending to patients, could result in severe disciplinary measures.

  • Criminal Convictions. If you are arrested and convicted of violating different statutes of California law, the State Board of Pharmacy will be notified of your conviction. This will result in an investigation and disciplinary action. You risk losing your pharmacist license after a conviction for offenses such as DUI (VC 23152), child abuse (PC 273), insurance fraud, and assault (PC 240).

  • Fraudulent billing. Part of a pharmacist's responsibility is billing patients for drugs provided at hospitals or community clinics. Fraudulent billing involves acts that result in unlawful financial gain and loss for another person or insurance company.

  • Excessive prescriptions. If you prescribe more drugs than are necessary to one patient or you furnish a patient with a controlled substance, you can be reported to the board for a violation.

  • Unlicensed practice. You must have a valid practice license to offer your services as a pharmacist or pharmacy technician in California. Practice while your license is suspended or before your application is approved is a violation.

Pharmacist License Disciplinary Process

If your misconduct or violations are reported to the Board of Pharmacy, you must go through the following stages of the disciplinary process:

Complaint

The Board of Pharmacy's disciplinary process begins when a complaint is made against you. A patient, the patient's family, your employer, colleagues, or law enforcement departments can submit a complaint.

Complaints to the board are made through phone calls, emails, or the reporting website. Upon receiving the complaint, the board evaluates it to determine whether it falls within its jurisdiction. If the complaint against you is outside the jurisdiction of the Board of Pharmacy, it can be forwarded to the relevant authorities for resolution.

Interviews and Investigation

The case will continue to the investigation phase for violations within the board's jurisdiction. The board appoints an investigator to handle your case. The investigation kickstarts the evidence collection by reviewing your criminal history, interviewing witnesses, and checking the documents presented to support the allegations against you.

You have a right to be notified if your pharmacy license is under investigation. After receiving notice of the investigation, you are expected to respond. This informs the board of your intentions to admit or defend against the allegations.

While responding to the board, the information you provide can be used against you in the administrative healing. Therefore, you must consult an attorney for guidance on how to proceed.

Stipulated Agreement

If the board has sufficient evidence to support the claims made against you, a stipulated agreement could be offered. Entering this agreement means that you will accept the liability for the violation and accept the disciplinary action that the board will impose.

If you enter the stipulated agreement, you waive your rights to an administrative hearing, and your case will be taken into disciplinary action. However, you have an opportunity to negotiate a more favorable discipline.

Administrative Hearing

The board will schedule an administrative hearing if you do not enter a stipulated agreement. Before the hearing, you will have a discovery phase of up to thirty days. During this period, you can examine the evidence the board wished to present against you. Additionally, you have the right to the contacts and addresses of the witnesses.

This hearing is presided over by an administrative law judge. At the administrative hearing, the board will present evidence gathered during the investigation process and bring witnesses to testify against you.

In return, you and your attorney can present defenses against the allegation. You have a right to cross-examine the witnesses presented by the boards and present your witnesses. Some of the mitigating factors you could preset in your case include:

  • Written testimony from your employer or colleagues stating that you are a competent pharmacist

  • Presenting evidence to show that you have been rehabilitated from the conduct that resulted in the alleged allegations.

  • Negative results of drug and alcohol testing

  • Physical and mental examination results show you can perform as a pharmacist in California.

  • report from a probation or parole officer showing a successful completion of the program

Final Decision

After assessing the evidence presented, the administrative law judge will rule on your case. When the decision reaches the board, the members can accept, reject, or modify it to serve the intended disciplinary purpose under GC 11517(c)(2).

Writ of Mandate Appeal

The decision made by the administrative law judge is not final. If you are unsatisfied with the outcome of your administrative hearing, you can file an appeal. A writ appeal asks the superior court to review the decisions of the ALJ and determine whether there was an error.

You must file this appeal within thirty days of receiving the ALJ’s decision. If you are considering appealing your case, you will require the guidance of a skilled license defense lawyer.

Disciplinary Actions by the California Board of Pharmacy

After assessing the evidence presented at the administrative hearing, the administrative law judge will decide on the allegations against you. The board will impose disciplinary action against you and your license if you're found liable for misconduct. Some of the factors that the board will consider when determining the appropriate discipline will include:

  • Presence of actual harm or injury to a patient. Pharmacists and pharmacy technicians play critical roles in dispensing medication to patients. If your negligence or unprofessional conduct results in actual harm to a patient, you risk facing more severe discipline.

  • License discipline history. Whether or not you have suffered previous license discipline may be a factor in determining the proper disciplinary action for you. Often, having prior violations may indicate your inability to rehabilitate and result in harsher punishment.

  • Number of violations you committed. You can be reported to the Board of Pharmacy for various reasons, including unlicensed practicum, substance abuse, and negligence. A pharmacist or pharmacy technician facing multiple allegations may face more severe punishment.

  • The severity of your violations. Violations committed by licensed pharmacists range from minor acts of carelessness to severe acts that cause injury or death to patients. The seriousness of the allegations made against you and their potential to cause harm will dictate your disciplinary action.

  • The financial benefit you accrued. The amount you gained or stand to gain from the violation can be a factor in determining the type of disciplinary action applicable in your case.

  • The time that has passed since you committed the violation. Sometimes, violations may be discovered long after they have taken place. For example, in cases of fraudulent billing, the insurance company may take a while to discover the offense. The board will consider this factor when determining your discipline.

Common types of disciplinary action that the board can impose against you include:

  • Citation and fines. For minor violations, the Board of Pharmacy may cite you and order that you pay a fine. Often, the fine will vary depending on the nature of your offense.

  • Public reprimand. A public reprimand serves as a warning for the violation. Although a reprimand will not affect your ability to practice as a pharmacist, it will remain on your record and can be used during subsequent disciplinary processes.

  • License probation. For some professional violations, the board can put your license on probation. License probation means that you will be under constant supervision. Additionally, the board can impose some conditions you must follow through the probation. A violation of your professional probation could result in more severe disciplinary action.

  • License suspension. Unlike a reprimand and probation, a license suspension will prevent you from practicing as a pharmacist. The license suspension period often varies between one and five years, depending on the nature and severity of your violation. After the suspension period has elapsed and you have followed through with all the court-imposed conditions, you can petition the board to reinstate it.

  • License Revocation. A revocation of your professional license is the most severe action the California State Board of Pharmacy can take against you. License revocation may mean the end of your career and is a common disciplinary action for professionals with multiple violations.

Find a Top-notch License Defense Lawyer Near Me

Obtaining a pharmacy license requires years of dedication in school and passing the licensing examination. However, all your efforts could go down the drain if you are reported to the Board of Pharmacy for a violation.

An investigation by the California Board of Pharmacy should not be taken lightly. This is because the potential discipline imposed by the board can devastate your career and livelihood. Common disciplinary actions imposed after violating the board's code of conduct could include citations, license probation, suspension, and revocation.

Interactions with pharmacy inspectors, investigators, and board members could be stressful while you fight to retain your right to practice as a pharmacist. Therefore, you must hire and retain competent attorneys throughout the process. At Riverside License Attorney, we offer expert legal guidance for clients battling potential allegations on their pharmacy license in Riverside, CA. Contact us at 951-404-0569 for a consultation.