For some professionals, like pharmacists or pharmacy technicians, a conviction, even for a minor offense like a misdemeanor, can threaten your license and job status when it substantially relates to your duties, qualifications, and functions. The California Pharmacy Board could withdraw your license. When this happens, your employer will lay you off because they risk disciplinary action for working with an unlicensed person. Thankfully, a legal representative with license defense knowledge can help you minimize the impact of a guilty verdict on your career.

Government Board Governing California Pharmacists

The principal government agency that governs and regulates pharmacy practice is the California Board of Pharmacists. The agency was established in 1891 as a regulatory agency and later on, in 1971, incorporated into the Consumer Affairs Department.

The state agency has 13 members, seven of whom are certified pharmacists and four of whom are members of the general public. The California governor appoints the seven licensed pharmacists to the board, while the Senate speaker and the Rules Committee appoint the four members of the general public.

The board members then pick an executive who charges the agency and manages its operations. The agency’s primary mandates include:

  • Honestly and genuinely safeguarding the safety, health, and wellbeing of Californians
  • Championing wellness, life quality, and health
  • Offering adequate and accurate information on pharmaceutical care
  • Advocating for superior pharmaceutical care

The agency protects the public by dispensing safe medical drugs and controlled substances. Additionally, it reviews license applications by pharmacists and pharmacy technicians and grants licenses to qualified candidates. Licensed pharmacy professionals must abide by the board’s guidelines. Otherwise, they risk disciplinary measures. So, by imposing guidelines and consequences for rule violations, the agency safeguards the public from harmful practices by professionals.

In addition to regulating pharmacy professionals, the board regulates drug producers and distributors to ensure the safety of drugs that reach the public.

Roles of Pharmacists

A lucrative career is not always the goal when you decide to become a pharmacist. Although people overlook this profession, pharmacists are responsible for issuing the proper medication per the physician's prescription, counseling patients on the medication’s side effects and interactions with food and alcoholic and non-alcoholic beverages, and conducting follow-ups to discover how the patient is interacting with the medication, whether they are experiencing adverse effects, and the best way to minimize them.

Similarly, you undertake the clerical work of counting tablets, labeling prescription containers, and handling medicine for the patient.

In a clinic or hospital setting, your responsibilities include advising on the most suitable medication for particular illnesses. The doctor can sometimes request that you prepare solutions for an injection or explain to the patient, using layperson's language, the best way to use medication.

To perform your duties, you need a pharmacy technician to assist you in simple tasks like interpreting medical jargon, packaging medications, or performing your roles when unavailable.

Lastly, you must undergo continuing education programs to retain or renew your license. Continuing education ensures you are current with the latest medications, drug approvals, or recalls. You will also learn about medication adjustments in dosage, drug warnings, or interactions. Besides, staying updated minimizes the chances of breaking the ever-changing California pharmacy statutes.

Criminal Convictions that Attract Board Disciplinary

The pharmacy agency can place your license on probation, suspend, or indefinitely withdraw it while reacting to a criminal conviction substantially related to your eligibility, duties, and tasks as a pharmacy practitioner.

Also, the board can use the criminal history to reject your license application.

Legal Definition of Conviction

A conviction encompasses all misdemeanors and felonies whose counts have entered judgment through a guilty plea, no contest, or when a presiding judge issues a verdict. Therefore, when you receive any of these outcomes for an offense with a substantial relationship to your license, you risk disciplinary action even if you qualify for an expungement under PEN 1203.4.

The board’s disciplinary guidelines classify criminal sentences into category two and category three.

Discipline Definition

The everyday disciplinary actions for pharmacists convicted of violations substantially related to their profession include 36 to 60 months of license probation. Even when the court sentences you to a diversion program, the board will still take disciplinary measures for the judgment once you have exhausted your appeal options. Also, the court imposes disciplinary measures after a probation injunction or judgment affirmation. Apart from probation, the court can impose license suspension and, in the worst cases, revocation.

The board's disciplinary measures depend on the category of offense that leads to the conviction.

Convictions belonging to category two attract license cancellation or revocation and license probation lasting for three years. If aggravating circumstances are present in your case, like ingesting or diverting controlled substances, abusing alcohol, or dangerous drugs, you will receive a maximum of 60 months of probationary duration. License cancellation or revocation is the most severe disciplinary action you face after a guilty verdict for a Category II crime.

Under this classification, penalties are imposed on misconduct the licensing agency deems severe, could harm the community, or threaten public safety. The crime should relate to violating the Pharmacy Board’s regulations on the distribution of hazardous drugs, devices, or controlled drugs. Also, offenses reflecting on your proficiency, ethics, and attention to detail belong to this class.  These violations include:

  • Controlled substances gross dishonesty or incompetence
  • Illegal supply or dispense of small-scale hazardous drugs or devices
  • Violating controlled drugs’ inventory control, safe prescription, and security measures
  • Violating directions regarding receiving kickbacks on referrals or refunds
  • Violation of compliance requirements like a designated representative
  • Transfer, purchase, or trade of dangerous narcotics to persons without valid prescriptions
  • Violating marketing restrictions like giving misleading information

When your conviction falls under the class three violations, you risk pharmacy license revocation, three to five years of probation, or ninety days of license suspension by the board. Self-administering or diversion of controlled substances attracts the most extended probationary period.

Offenses in this category inflict more severe harm on patients than category two violations. However, the licensing agency's harshest punishment for violations is license cancellation. Besides, crimes involving intentional misconduct or breach of regulations on distribution of controlled drugs belong to this category. These violations entail:

  • Engaging in fraudulent activities relating to your pharmacy license
  • Breach of your duty to ensure proper prescription and distribution of controlled drugs
  • Violation of the Drug Supply Chain Security Act requirements necessary for hazardous drugs or devices
  • Supplying medications without valid prescriptions or to unauthorized parties
  • Illegally acquiring controlled substances or dangerous devices by means including prescription forgery
  • Failure to keep proper records, buying or dispensation of hazardous drugs or devices
  • Severe unlawful possession of controlled substances, syringes, or drug paraphernalia

A suspension means you discontinue your practice for at least thirty days. In contrast, a revocation is indefinite, and sometimes, you could be forced to start afresh in a different field. However, with the help of a license attorney, you can prevent the revocation, saving your career and livelihood.

Reporting Criminal Sentence

When renewing your pharmacy license, your licensing agency expects you to report any conviction for a crime that happened within the country. The only time the board does not impose the obligation to report a criminal conviction is when you commit an infraction that does not involve alcohol or hazardous or controlled drugs.

Refusing to notify the agency of a conviction for an offense amounts to deliberately making an untrue statement. It could lead to the indefinite cancellation or suspension of your professional license.

The law mandates that judicial clerks report criminal convictions within ten days of the verdict. Therefore, even if you do not mention the verdict to the board, they will find out through the clerk, increasing the risk of a suspension.

Also, the DOJ and FBI rely on fingerprints to run criminal background checks on pharmacy license applicants. When they discover a record, your application will undergo review to determine whether it should be rejected or granted. Therefore, if you have a sentence in your record, you should provide the board with these details to help prove you satisfy the requirements for probation and assist the licensing agency in deciding.

During reporting, the details you should provide include:

  • A written account of events leading to the crime
  • Copies of court documents like the charge sheet, court processes, probation injunction, and sentencing
  • Copies of the arrest report
  • Proof of compliance with probation conditions, like completion of community hours, victim restitution, and enrollment in drug or alcohol treatment programs
  • Copies indicating the time you were released from police custody

Substantially Related Violations

A sentence deemed “substantially related” to your practice makes your licensing agency question your capacity to obey and uphold your duties, functions, and qualifications as a pharmacy practitioner.

Sentences are evaluated independently because the circumstances differ even if they are for the same criminal violation. Criminal sentences with substantial relationship to pharmaceuticals include theft, drug offenses, DUI, and fraud.

Rehabilitation Evidence

When deliberating on the appropriate punishment for the sentence, the licensing agency considers the steps you have taken to rehabilitate from your record. So, as part of your mitigating factors, you can present proof of rehabilitation to compel the agency to impose lenient punishment because of the efforts made towards reformation. Rehabilitation evidence includes:

  • Proof of regret of your misconduct or victim reimbursement
  • Proof of enrollment, participation, or completion of counseling or group counseling
  • Evidence of commitment to the community and volunteer job
  • A reference letter from your probation officer (PO) or employer
  • The time that has elapsed since your previous sentence

The administrative hearing by the Pharmacy Board does not intend to punish you for your wrongdoing. Instead, the objective is to evaluate your conviction and establish whether your capacity practice has been compromised. Evidence of reformation instills confidence in the agency that you are taking steps to improve and that continuing to hold the license does not threaten public safety.

Fighting Disciplinary Measures

Can you challenge disciplinary action from the board? Yes. You can contest disciplinary measures from the licensing agency through an administrative proceeding or settlement. You have a right to defend your career and source income.

When they learn of your sentence, the boards will send you an accusation notice informing you that they plan to take disciplinary measures. Immediately after you know of the accusations, contact your defense attorney to answer. Even though the allegations stem from a criminal conviction, you need an attorney who understands medical care license defense, preferably one that has defended pharmacists like you. An experienced legal representative will ensure you respond to the accusations immediately to prevent an automatic suspension or revocation.

After filing the answer, your defense lawyer will begin negotiations with the opposing attorney to reach a settlement and avoid involving an Administrative Law Judge (ADL). A favorable settlement should allow and prevent disciplinary measures. And if disciplinary action is imminent, your attorney should negotiate measures enabling you to continue practicing, like a private reprimand letter or citation. Imposing an affordable fine is also a fair settlement outcome. However, any settlement that hurts your reputation, like a public citation, public warning letter, revocation, or suspension, is unfavorable. So, when negotiations fail, you can request a proceeding with the Office of Administrative Hearing (OAH) within fifteen days of the allegations notice, where an ADL presides over the case.

The advantage of having an administrative proceeding is that the ADL is not biased, unlike the Pharmacy Board, which could be prejudiced against you. With proper preparation for the hearing, you can obtain a favorable result.

In the proceeding, your attorney defends the allegations from the Attorney General (AG), who acts as the board’s lawyer. You should know you will pay your lawyer out of pocket because there are no public defenders in these cases.

Like a standard jury or criminal hearing, the opposing sides can make opening statements and present their evidence. The board’s legal representative goes first by submitting the evidence and witnesses they have against you. Your lawyer then takes the stage to poke holes in the evidence presented by cross-examining the board’s witnesses and submitting exculpatory proof. The ALJ evaluates the evidence presented by both sides without any bias and then writes a proposal to the Pharmacy Agency about the appropriate disciplinary action and what warrants the measures based on the case’s circumstances.

There is no clear definition of a favorable outcome in an administrative hearing. Your loss could be someone's win. Therefore, whether or not an outcome in the proceeding is fair is contingent on the case’s facts.

When deliberating on the appropriate disciplinary measures to impose for having a criminal history or record substantially related to your pharmacy practice, the ALJ considers:

  • Whether the purported victim sustained actual harm from your misconduct
  • The potential damage or hurt stemming from your crime
  • The severity or degree of the alleged accusations
  • Whether you have previous reprimands from the board
  • Whether there was financial gain from your violation
  • Whether your misconduct was motivated by recklessness, negligence, or unprofessionalism
  • Any previous sentences relating to your profession

These factors influence the ALJ’s decision on the type of penalties to issue. The ALJ can impose lenient, intermediate, or harsh disciplinary measures or drop the allegations.

However, you will face disciplinary measures when the ALJ finds you responsible for the accusations. However, before these measures, your license defense lawyer will have the opportunity to present mitigating factors to compel the hearing to lower your penalties. The common mitigating factors you can use include:

  • Written testimonials from coworkers, employers, or supervisors about your competency and professionalism. When presenting the testimonials, the attorney must ensure they contain the date of the criminal violation and a signature under the perjury penalty.
  • Letters from your alcohol or drug rehabilitation center, psychologist, counselor, or therapist as proof of rehabilitation
  • Negative alcohol or narcotics test results show stopped abusing drugs
  • Testimonials from your PO showing that you complied with probationary terms
  • An evaluation, physical or psychosomatic, to demonstrate your capacity to resume work

These factors will not necessarily stop disciplinary action. However, they will lead to lenient penalties. Instead of a public reprimand or citation, these mitigating circumstances can compel the ALJ to impose a private warning or citation. Instead of license suspension or cancellation, mitigating circumstances can lead to license probation, which is more favorable as it allows you to continue practicing but under strict restrictions.

Once the judge decides on the appropriate punishment, they write a proposal to the board, which evaluates it for adoption or rejection.

License Application with a Criminal History

Having a criminal past does not mean you have no career dreams. Therefore, if you are considering becoming a pharmacist, you will wonder whether the conviction will affect your license application. Your license eligibility at the time of the sentence and the baseline crime.

If you have not accumulated a criminal history in the last seven years, the Pharmacy Board cannot disqualify your qualification. Besides, the licensing agency will approve the application when the conviction has no substantial relationship to your practice.

However, when you have a sentence for a severe felony like homicide, kidnapping, rape, or sodomy using force, the board will reject your application no matter the time the conviction happened. Also, if the sentence was for a sex offense with an obligation to enlist as a Tier II or III sex predator, your application will be rejected. The problem with an application denied because of a record is that it cannot be renewed.

Find a Competent Healthcare License Defense Attorney Near Me

The pharmacy agency is not always right when it files an allegation against you or pursues disciplinary measures. Therefore, whatever the board's accusation against you, the law allows you to challenge the decision. At The Legal Guardian, we will evaluate the allegations and possible disciplinary action and find the appropriate defenses. Call us at 866-448-6811 for a no-obligation consultation in Long Beach.