The regulations governing California pharmacy technicians and pharmacists are complex and confusing to navigate. Since the California State Board of Pharmacy (BOP) is obligated to safeguard the general public, it vigorously probes allegations of professional misconduct against license holders and aggressively pursues enforcement. Consequently, if the BOP investigator has contacted you in line with the allegations you face, it is crucial to immediately consult an attorney to help safeguard your practice license and career.
At Oakland License Attorney, we help healthcare professionals, including pharmacy technicians and pharmacists, navigate the disciplinary process through effective, compassionate legal representation. Throughout our decades of practice, we have achieved the best possible outcomes for our clients, including case dismissal, closure of the investigation, and lenient disciplinary action that enable them to continue practicing their profession. Contact us today to learn about how our lawyers can effectively fight for you in any BOP matter.
The Role of BOP in the Pharmacy Practice in California
Like other healthcare professionals, pharmacy technicians and pharmacists in California must obtain a license from the relevant agency. The California pharmacy board licenses all qualifying pharmacy technicians and pharmacists and denies licenses to new applicants who have not met the requirements. It also licenses pharmacies, pharmacy distributors, wholesalers, and manufacturers of medical devices and drugs.
The board is also responsible for establishing professional standards for license applicants and holders and enforcing federal and state laws established to ensure the public’s safety and health through medically appropriate pharmaceutical use and quality pharmacy care. The board disciplines violations of regulations and laws governing the practice of pharmacy throughout California.
If a pharmacy technician or pharmacist supposedly committed an administrative or criminal violation, the board investigates those allegations. Based on the results of the investigation and administrative proceedings that follow, the board has the authority to impose disciplinary action. An experienced lawyer can represent you through the entire disciplinary process to safeguard your legal rights and any possible effect on your license.
The BOP holds pharmacy technicians and pharmacists to strict professional standards. That is because these professionals are a critical part of medical care. They serve as the final link between patients or clients and drugs that can be either helpful or harmful. Pharmacists and pharmacy technicians ensure medications will not interact harmfully, guide patients on how to use their drugs safely, and maintain records that impact both legal compliance and patient safety.
Common Allegations Against Pharmacy Technicians and Pharmacy
Pharmacy technicians and pharmacists can face various allegations that, if proven, can subject them to disciplinary action. These allegations can stem from the following:
- Negligence and Incompetence
- Chemical dependency or substance abuse
- Quality of care issues
- Fraud and dishonesty
- Failure to report a criminal conviction
- Professional or workplace misconduct
- Altering prescriptions
- Misleading or false advertising
- Unlicensed practice of pharmacy or aiding and abetting unlicensed practice
- Failure to file prescriptions
- Unauthorized disclosure of prescriptions
- Furnishing dangerous drugs without a prescription
- Exceeding the scope of pharmacy practice
- Diverting medication
- Failure to supervise pharmacy operations
- Forging prescriptions
- Inadequately maintaining patient records
- Compounding unapproved drugs
- Failure to maintain adequate patient records
- Sexual misconduct
- Boundary violations
- Inadequate accounting of medication
The BOP can also discipline pharmacy technicians and pharmacists for criminal convictions. The board imposes discipline for convictions of crimes substantially related to the duties, functions, and responsibilities of a pharmacist or pharmacy technician. Common crimes that can subject you to criminal prosecution as well as BOP disciplinary action include the following:
- Forging or altering a prescription
- DUI
- Domestic violence
- Possession of a controlled substance
- Possession for sale of a controlled substance
- Sale or manufacturing of a controlled substance
- Sex crimes
- Identity theft
- Fraud, including insurance, Medicare, real estate, and mortgage fraud
- Forgery
- Assault or battery
- Diverting a controlled substance
- Child abuse
- Theft
And since prescription drugs are highly controlled under state and federal law, you are looking at stiff penalties if you are found to have violated any regulatory law. It is essential to consult a healthcare professional license defense counsel who is also experienced in criminal defense if you have committed a crime that can also affect your license.
The BOP Complaint Resolution Process
Anybody can lodge a complaint against a pharmacy technician or a pharmacist. However, common sources are pharmacy clients, prescribing physicians, colleagues, and law enforcement agencies. Upon receiving a complaint, the BOP does not rush to impose discipline. The board must follow various steps to resolve that complaint.
The initial step the board will take when it receives a complaint is to determine jurisdiction and merit. If the board has jurisdiction over the complaint and the complaint has merit, the board will investigate and actively pursue the allegations therein. While most investigations start with someone lodging a complaint, some occur through criminal conviction referrals, criminal investigations, and sting operations.
The first time you will learn about an investigation against you is when the board investigator calls you or sends a request to come in for an interview. It is essential to understand that the BOP may use the details acquired during any encounter with the board investigator to corroborate the case against you. Consequently, it is crucial not to speak with the investigator before you retain legal counsel. By hiring a skilled lawyer, you can minimize the implications of the investigation and ensure it includes accurate and complete facts.
When the investigation ends, the board investigator will write their findings and then send them to the BOP’s Enforcement Unit. After it reviews the report, the BOP’s Enforcement Unit will take one of these actions:
- Drop the complaint and close the case altogether due to insufficient evidence.
- Direct the license holder to adhere to pharmacy rules and regulations by issuing an order of correction.
- Issue a fine, educational letter, citation, or invitation to an educational review for a minor crime.
- Refer the case to the Attorney General’s (AG) Office if it is a severe violation.
- Refer the matter to the D.A.’s office for prosecution if the case involves criminal conduct.
If your case is sent to the AG’s office, the AG will establish whether there is cause to file an official Accusation. An Accusation is an official document stating that the BOP seeks to revoke your license to practice. The Accusation also mentions all the allegations you face. It is a public document, and the BOP will post it on its website, where patients, hospitals, employers, and federal and state governmental agencies can see it.
Once you receive a notice of an Accusation, you have only fifteen days from when you were served the notice (not when you received it, but when you were served the notice) to file your Notice of Defense (NOD) to preserve your legal right to defend your license. The NOD informs the BOP that you are requesting a proceeding and wish to contest the allegations in the formal Accusation. Not filing the NOD leads to a default order, which in turn leads to immediate license revocation.
The Accusation stage of the board disciplinary process often takes months. Within this period, your lawyer has the chance to negotiate to settle your case, saving you the financial and emotional expense of an administrative proceeding. The BOP has discretion to settle a matter before the administrative hearing, and many cases are solved at this point. You will require a knowledgeable lawyer by your side to fight for a favorable settlement for you.
In certain cases, the BOP declines to offer favorable settlement terms. Or, the board instructs the AG to proceed to an administrative hearing. The hearing will be held before an administrative law judge (ALJ). However, the judge does not have the final say. The final say rests only with the BOP.
At the conclusion of the hearing, the ALJ has 30 days to write their recommendations to the board. The board is not mandated to accept these recommendations. The BOP can reject, modify, or adopt it. That means you could win at the administrative proceeding, but the BOP rejects the judge’s decision and issues its own, imposing disciplinary action against you. The board’s action is known as the Final Decision and Order.
You have the right to appeal the board’s final decision. California Government Code 11521 permits you to bring a reconsideration petition before the effective date of the board’s issuance of the final decision. Per California Code of Civil Procedure 1094.5, you can also submit a writ of mandate in the California Superior Court. You must file the writ within thirty days after the effective board’s final decision date.
Possible Disciplinary Action by the BOP
The BOP imposes violations based on the facts of the case and several other factors. The board categorizes violations in 4 groups. It then has disciplinary guidelines that recommend disciplinary action for each group, as follows:
- Category I: Violations under here carry a minimum disciplinary action of license revocation or stayed revocation with two years of probation and a maximum disciplinary action of license revocation. Violations under this category include recordkeeping requirements violations, isolated or minor failures to enforce or abuse refill or prescription requirements, inadequate staff supervision, and improperly compounding narcotic products.
- Category II: A violation under category II carries a minimum disciplinary action of license revocation or stayed revocation with probation for three or five years, and a maximum disciplinary action of license revocation. Some of the violations under category II are failure to obey prohibitions on referral kickbacks or rebates, violations of regulated drug secure prescription conditions, and the illegal possession of harmful controlled substances.
- Category III: These violations attract a minimum disciplinary action of license revocation or a stayed revocation, with a 90-day license suspension and probation for no more than 5 years. Category III includes violations such as failure to obey Drug Supply Chain Security Act requirements, furnishing or dispensing drugs without a legitimate prescription, and failure to ensure appropriate dispensing and prescribing of drugs.
- Category IV: The disciplinary action for all violations under this category is license revocation. That is because this category has the most severe violations. They include violations linked to drug sale, transportation, or possession; serious or repeated category III, II, or I violations; failure to file a NOD; and violations of statutes related to self-administration of drugs that create an infection risk.
In certain cases, you may receive lenient disciplinary action, for example, probation, a letter of reprimand, or license suspension. Or the board may require you to surrender your license rather than revoke it.
Denial of License Application
Apart from disciplinary action against existing pharmacists or pharmacy technicians, the same process applies if the BOP denies a license application. The BOP can deny a licensure request if it determines the applicant failed to satisfy the qualification requirements, has a criminal conviction record, or has perpetrated an act considered professional misconduct. If the board has denied your application for a license, you have little time to respond by filing an NOD to show that you are requesting an administrative hearing and intend to challenge the denial.
License Reinstatement
Licensed pharmacy technicians and pharmacists who surrendered their professional license or had their license revoked following a board disciplinary process may, after a specified period, petition the board for reinstatement. Ensure you seek a lawyer’s help if you plan to petition for reinstatement. The lawyer can help you prepare and file your petition to increase your chances of success.
Contact a Healthcare Professional License Defense Lawyer Near Me
Facing an accusation that you committed a violation can stress you out. However, it becomes less stressful if you have an expert license defense lawyer by your side fighting for you. With a lawyer looking after your best interests and protecting your rights, you will not feel alone and will have a higher chance of the best possible outcome.
At Oakland License Attorney, we will be your advocate throughout the disciplinary process, ensuring your legal rights and license are protected. We represent pharmacy technicians, pharmacists, and other healthcare professionals facing investigations, criminal charges, Accusations, and even Statements of Issues. With decades of experience and knowledge, we are experts at negotiating the best possible deals for professionals and efficiently representing them if their cases proceed to an administrative hearing. For a free consultation with or to learn more about our strategy to help, contact us at 510-250-4709 today.
