It takes dedication and hard work to obtain the qualifications and skills you need to acquire a pharmacist or pharmacy technician license. If someone files an accusation of alleged misconduct, substance abuse, or negligence to the board against you, your professional license, livelihood, and career could be at significant risk. A seasoned license defense lawyer can guide you during the board’s investigative and disciplinary proceedings. San Bernardino License Attorney can provide legal guidance, communicate with investigators, negotiate favorable disciplinary measures, and represent you at administrative hearings.
What is the Role of Pharmacy Technicians and Pharmacists?
Pharmacy technicians and pharmacists play a significant role in the pharmacy world, partnering to ensure the smooth running of a pharmacy. However, the process of achieving either position is different. Hence, their responsibilities vary.
The primary role of a pharmacy technician includes labeling, packaging, dispensing, and locating prescribed medications. Although pharmacy technicians have no authority to confirm prescriptions or offer clinical guidance to patients, they must comply with stringent regulatory standards and be detail-oriented.
Beyond medication management responsibilities, a pharmacy technician should do the following:
- Help with administrative duties like maintaining patient records, processing insurance claims, and managing inventory
- Engaging in patient awareness by offering essential information regarding the potential adverse effects of medication, proper usage, and dosage
To become a pharmacy technician, you must complete a pharmacy tech training program that takes approximately six months to two years, depending on the program. You must also pass a national certification examination and satisfy continuing education requirements.
On the contrary, pharmacists supervise the overall pharmacy operations, ensuring effective and safe dispensation of medications. Their primary responsibility is filling patients' prescriptions, which entails verifying all orders for proper formulation, accuracy, and safety. Before providing prescription drugs, you should analyze the patient’s medical history to prevent interactions with available treatments.
A pharmacist also does the following:
- Administers vaccines
- Performs basic health exams by monitoring blood pressure, cholesterol, and blood sugar levels
- Partners with other healthcare providers to consult on particular prescriptions to enhance patients’ results
Pharmacists must earn a Doctor of Pharmacy (Pharm.D.) degree and pass the required licensure exam.
California Board of Pharmacy’s Mission
The Board of Pharmacy falls under the California Department of Consumer Affairs. It is authorized to regulate pharmacies, pharmacists, and pharmacy technicians. The board mandate is protecting the public. Consequently, licensees must comply with high professional standards, strict patient confidentiality regulations, and fiduciary and ethical responsibilities, among other state and federal laws governing pharmacy practice.
The board investigates complaints of alleged wrongdoing against licensees and can initiate disciplinary hearings if a complaint is substantiated. In the board’s hearing, you can submit evidence in their defense and have a right to legal representation.
Complaints that the California Board of Pharmacy investigates involve the following:
- Insurance fraud
- License overreach
- Alleged substance abuse
- Patientcare violations
- Violation of drug laws
- Fraudulent billing practices
- Driving under the influence
- An allegation of negligence
- Filling prescriptions violations
- Criminal arrests, charges, or convictions
- Overprescribing controlled drugs
- Ethics breaches and professional misconduct
- Failure to follow mandatory reporting regulations
- Patient privacy breaches relating to prescriptions
- Permitting an unlicensed employee to prescribe medications to patients
Administrative Hearing
Suppose a negotiated settlement between the board and your lawyer is unattainable. In that case, your license defense lawyer will promptly prepare to contest the board’s evidence in an administrative hearing before an administrative law judge (ALJ).
During an administrative hearing, the ALJ will consider various factors before making a ruling, including the following:
- The monetary benefits you gained through an alleged violation and the amount
- If any individual sustained actual harm as a result of your violation
- The count of your alleged breaches
- The seriousness of the charges you are facing
- Whether you demonstrated negligence, incompetence, or recklessness while committing the alleged violation
- Any previous warnings from the licensing board
- The potential damage(s) resulting from the alleged breach
- Whether you knew that a particular individual was engaging in a breach and did not report it to the board. Whether you approved or participated in it
- If you have a previous criminal conviction, the board will seek to know whether you completed all probationary terms for the prior incident and when the sentencing occurred.
The abovementioned factors enable the ALJ to determine whether to issue a licensee with the minimum, intermediate, or maximum disciplinary punishment. However, your attorney can present mitigating proof and persuade the ALJ to impose the least severe disciplinary action. Mitigating evidence can include the following:
- Written testimonies from employers, colleagues
- A psychologist’s report or physical exams to demonstrate your fitness to continue practicing pharmacy
- A report from your probation department claiming you completed your probation terms and conditions
How to Prepare for a Professional License Defense Case
Effective case preparation increases the chances of obtaining a favorable case outcome. Key steps that can strengthen your case include the following:
- Understanding your allegations — Having in-depth knowledge of the specific complaint against you can help you mount a formidable defense.
- Gather documentation — Collect all documents relating to the alleged complaint, like your professional history and anything else that can prove ethical conduct.
- Contact a lawyer — Engage a skilled license defense attorney for expert guidance and legal representation throughout the disciplinary process.
Potential Penalties in Disciplinary Proceedings
If the board finds you guilty of the alleged misconduct, you risk facing any of the penalties below:
Citations and Fines
Citations and fines are the least form of disciplinary action that the board can impose. The penalty can involve paying fines worth hefty amounts that could cause you a tremendous financial burden and signing a written agreement to abide by specific terms.
Public Reprimand
Following a reprimand, the board takes no further disciplinary action against a licensee. Although a reprimand can seem lenient, it shows on your professional history for life. Potential employers could decline hiring you because of this undesirable record. However, your attorney can contest this punishment.
Interim Suspension Order (ISO)
Once a person files a complaint against you, depending on the circumstances, the board can issue an ISO to address concerns if it believes you might tamper with ongoing investigations. The board can also impose an ISO to prevent you from committing further violations or participating in behavior that could endanger patients.
The ISO prevents you from practicing until the board concludes its investigation and imposes a disciplinary measure.
The Stipulation’s Adoption
Following the adoption of the stipulation, the board can suspend your pharmacy license and request you satisfy specific requirements before lifting the suspension. You may be required to do the following:
- Undergo psychological assessment
- Complete various tests
- Complete a drug diversion program
License Suspension
The board can suspend your pharmacy license for a stipulated period. The least suspension duration is 30 days.
License Probation
If the board decides not to suspend your pharmacy license, it may impose a probationary term. Probation permits you to keep practicing as a pharmacist or pharmacy technician while abiding by specific probationary terms and conditions.
License Revocation
In severe disciplinary cases, the board can stop your pharmacy practice indefinitely. A revocation is the most severe form of punishment the board can impose. However, your license defense attorney can aggressively fight the revocation.
You should remember that the board works to safeguard consumers and not pharmacists. That does not mean it has an issue against licensees, but the board works to benefit consumers.
The California Board of Pharmacy disciplinary guidelines are flexible to a certain degree. However, license revocation may occur if a licensee fails to file a notice of defense or does not appear at an administrative hearing.
Post-Hearing Legal Procedures
After the administrative hearing, the ALJ will issue a proposed ruling to the licensing board. The decision can be ready 30 days following the hearing but could take longer.
The board then has a hundred (100) days to do any of the following:
- Adopt the ruling of the ALJ
- Reject the ALJ’s decision
- Automatically allow the proposed decision to become the final decision following the lapsing of 100 days.
Your lawyer can request the board to reconsider its decision before it comes into effect.
Filing an Appeal
Despite your license defense lawyer's best efforts, the administrative hearing outcome could still be unfavorable. If that happens, your legal counsel can petition the California Superior Court to rescind the board's decision.
You must file the appeal within 30 days after the board issues its verdict. Otherwise, the unfavorable case outcome could become effective and hurt your career.
Generally, appeals are done with an ex-parte application to pause the board's ruling. Therefore, if an ex-parte petition succeeds, the board cannot enforce the disciplinary decision.
Common Legal Grounds that a Licensee Can Contest the Board’s Decision
Reasons to challenge the board’s disciplinary decision against your professional license can include the following:
- Arbitrary ruling — Your attorney can argue that the board or administrative court was influenced by something other than the presented proof and the case’s facts when arriving at their verdict.
- Procedural errors — If the board did not follow its guidelines while investigating the alleged complaint against you or if there were procedural errors during the disciplinary hearing, these factors could form the basis of your appeal against the board’s disciplinary action.
- Erroneous ruling — Your attorney can demonstrate that the board’s decision went against the presented evidence.
- Insufficient evidence — In disciplinary proceedings, the board must support its ruling with substantial proof that a violation occurred and list reasons for imposing a particular disciplinary measure. If the board does not do so, you might have legal grounds for a successful appeal.
Different Types of Professional License Petitions
There are different petitions that a licensee can file to challenge the board’s disciplinary actions. The petitions focus on various areas of your professional reputation. They include the following:
Reinstatement Petition
You could request reinstatement following the board’s suspension or revocation of your pharmacy license. In the petition, you should prove fulfillment of disciplinary requirements and your readiness to resume your pharmacy practice.
The California Board of Pharmacy will consider your progress and rehabilitation to decide whether you qualify for reinstatement.
Petition for Termination of Probation
With your lawyer's guidance, you could petition for an early termination of your probation. You must prove that you have fulfilled all probationary terms and exhibit reformed behavior by submitting proof of your compliance.
If you have satisfied the conditions of your probation, the California Board of Pharmacy will decide if your petition for early termination is warranted.
Petition for Penalty Reduction
You could petition for a penalty reduction if you believe the board’s disciplinary action is too severe. Your defense lawyer can present compelling proof for reduced punishment, including evidence of compliance with prior conditions or mitigating factors. The board will evaluate if a penalty reduction is justifiable.
Tips for Safeguarding Your Pharmacy License
As a pharmacist or pharmacy technician, your license facilitates earning a livelihood. Therefore, abiding by the California Board of Pharmacy standards can help protect your license and career. Other helpful actions can include the following:
- Prioritizing your patients’ well-being — Avoid conduct that may compromise your patient's health and safety. Always confirm prescriptions and dosages, and ensure you offer clear medication usage instructions to your patients.
- Practice good record-keeping — Filling and maintaining proper documentation ensures you track patients' prescriptions while preserving confidential patient information.
- Practice honesty and transparency — If any mistake occurs, be forthcoming about it. Honesty can work in your favor during a potential hearing.
- Seek legal guidance — Once you learn your licensing board is investigating you, you should immediately consult a licensed defense lawyer specializing in pharmacy law.
Find a Professional License Defense Attorney Near Me
As a pharmacist or pharmacy technician, your professional license is beyond a certification; it is your career and a sign of your dedication. Allegations of professional misconduct or criminal charges could jeopardize everything you have worked for and affect your ability to practice pharmacy. The seasoned lawyers at San Bernardino License Attorney understand the gravity of the matter and the importance of safeguarding your profession and livelihood. Once you contact us at 909-966-4095, we can discuss your case and offer expert legal advice on the appropriate actions that could protect your professional license against potential adverse disciplinary measures by the California Board of Pharmacy.
