As a pharmacy technician or pharmacist, your license is your most valuable asset in this highly regulated field. However, pharmacy technicians and pharmacists may find their career journey filled with uncertainty when the legitimacy of their licenses or practice is questioned. We at the Santa Cruz License Attorney understand how complaints of negligence or malpractice can affect your professional life and reputation. We will support you and offer expert legal counsel to protect your career.
An Overview of the Role Played by the Board of Pharmacy in California
The Board of Pharmacy is responsible for overseeing the professionals working in the pharmacy field within the state. The board was initially established as a state regulatory agency in 1891. In 1971, it was officially integrated into California’s Department of Consumer Affairs.
Thirteen people serve on this board, each for at least eight years. Seven of the thirteen members are certified pharmacists, and six are public members. The Speaker of the Senate appoints these public members, while the State Governor officially names the licensed pharmacists. The executive official, who also serves as the executive director of this board, is chosen by board members. This executive official supervises all of the board's functions and staff.
The California Board of Pharmacy has the following primary responsibilities:
Registration And Licensing
The Board ensures compliance with regulations by renewing, issuing, and supervising registrations and licenses for pharmacy technicians and pharmacists.
Regulatory Compliance and Oversight
The licensing board sets and enforces applicable laws, measures, and practices associated with pharmacy practice. This ensures pharmacy technicians and pharmacists adhere to state regulations.
Protecting the Consumer
The Board ensures public safety and health by overseeing and responding to complaints, investigating possible infringements, and taking corrective measures against license holders whenever necessary.
Audits And Inspections
The board normally executes routine audits and assessments of pharmacies. This ensures the pharmacist complies with state regulations regarding the storage, record-keeping, and dispensation, of prescription drugs.
Continuing Training
The organization supervises continuing training conditions for pharmacy technicians and pharmacists. This ensures these professionals maintain their competence and stay updated with the most current advancements in the sector.
Enforcement Of Pharmacy Laws
The Board executes rules and regulations about pharmacies and investigates instances of professional wrongdoing, including violations of drug rules and regulations.
The Verification Of Licenses
To ensure pharmacy technicians and pharmacists operate lawfully and ethically, the public can verify their license status.
Education For The General Public
To raise awareness and ensure patient safety, the Board enlightens the general public on how to use prescription medications responsibly and safely.
The Formulation Of Rules And Regulations
The Board participates in the process of making rules to set and maintain regulations governing pharmacy practice within the state.
Collaborative Effort
The Board usually works with other California state, medical, and professional organizations to ensure pharmacy practices align with California's healthcare standards.
Occupational Advancements
The Board of Pharmacy protects the general public by:
- Upholding high standards in the pharmacy profession
- Ensuring safe, effective pharmaceutical use
The Board provides resources and recommendations on licensure, laws, and moral conduct. This contributes to the professional development of pharmacy technicians and pharmacists. To maintain their licenses and deliver high-quality patient care, California's pharmacy technicians and pharmacists must comply with the Board's established laws and standards.
Most Common Grounds For Professional License Disputes
Disputes regarding licenses for pharmacy technicians and pharmacists can arise for various reasons. The following are some of the most common causes of such disagreements:
Violations Of The Board Regulations
Dispensing mistakes, record-keeping errors, and infringements of controlled drug regulations are all forms of infractions that can result in license disputes. Failure to comply with state pharmacy statutes and regulations can also lead to such disputes.
Criminal Offenses
Criminal charges, whether connected to professional behavior or personal matters, can initiate investigations and possible license disputes for professionals.
Violations Of Ethical Standards
A license can be jeopardized in several ways. This includes infringements of professional standards such as:
- Violating patient confidentiality
- Conflict of interest
- Displaying unprofessional conduct
Substance Abuse Problems
Substance abuse problems, including the abuse of prescription drugs, can trigger disciplinary measures and licensing disputes among involved parties.
Incompetence Or Negligence
Pharmacists may face license challenges if they:
- Fail to offer the required level of care
- Make mistakes when dispensing medications
- Demonstrate incompetence in professional pharmacy practice
Complaints From Patients
Inquiries into a pharmacy technician's or pharmacist's license can be initiated if patients or coworkers file complaints about the professional's:
- Standard of care
- Professional behavior
- Communication
Unauthorized Billing Or Fraudulent Activity
License disputes may arise when insurance fraud, accusations of deceitful charges, or dishonest financial practices surface.
A Failure To Continue With Your Education
A license may be jeopardized if the holder fails to fulfill their education conditions or keep up with the industry’s standards.
Not Obeying the Orders Issued By the Pharmacy Board
Disputes may arise if an individual fails to comply with the Board's established orders or terms, for example, probationary terms or monitoring conditions. Both pharmacy technicians and pharmacists must be cognizant of common factors leading to licensing conflicts and take preventative measures to avoid or resolve these issues. To successfully go through the issues and defend your license, seek legal counsel promptly.
The California Board of Pharmacy’s Disciplinary Guidelines
These guidelines are available on the Board's website. The Administrative Judge handling your case should point to the guidelines throughout the administrative hearing. Under these guidelines, the ALJ has considerable discretion to penalize you based on the specifics of your matter and its circumstances. These guidelines also include a list of various complaint types that could be filed against you and the parameters governing each type.
If the board finds you guilty, here is a summary of possible disciplinary actions:
Citations and Fines
The California State Board of Pharmacy's least harsh form of punishment involves fines and citations. You may face hefty fines, causing an unwarranted financial burden. Additionally, you might need to sign a citation requiring compliance with specific conditions.
Public Reprimand
The board will only issue a public reprimand to you in this situation, without taking any further action. Although this disciplinary measure may appear less harsh, it will stay on your license record permanently. Your tarnished record may make prospective employers reluctant to hire you in the future. That is why you need to fight against this punishment rather than accept it.
Temporary Suspensions
The board could issue an interim suspension order almost immediately after a complaint is filed against you. This is because the board fears you might interfere with the inquiry process. If you are placed on interim suspension, the objective is to create room for investigations. Inspectors can collect all available proof against you. The secondary aim is to stop you from further violating the law or engaging in actions that could place the public at risk.
You may be able to have the interim suspension order overturned with the help of a license attorney. The suspension order could be damaging for you, as the investigation process might take anywhere from a few months to several years.
Stipulation Adoption
The board could suspend your license and then ask you to complete certain steps before lifting the suspension. You could be required to:
- Undergo a psychological evaluation
- Complete a series of tests
- Attend a rehab program
Probation Term
Your professional license might not be suspended. However, you could be sentenced to a probation term. This means you can continue working as a pharmacy technician or pharmacist in your current practice even though you have to comply with the probation terms.
When disciplining pharmacy technicians and pharmacists, the State Board of Pharmacy primarily uses probation as a form of punishment. Probation duration and conditions vary depending on the specifics of each case. Common conditions include:
- Making frequent appearances before the Pharmacy Board
- Performing duties under direct board supervision
- Completing remedial education programs
- Submitting to drug tests or physical and mental health examinations
License Suspensions
The board could suspend your license for a specified period. The minimum suspension time for a pharmacist or pharmacy technician is thirty days.
License Revocation
The California State Board of Pharmacy can issue an order requiring you to cease practicing as a pharmacy technician or pharmacist indefinitely. A revoked license is the most severe sanction the Board can impose. In spite of the allegation brought against you, you should expect the possibility of license revocation. However, seeking assistance from a defense lawyer can assist you in avoiding this consequence.
Administrative Hearing
At the earliest opportunity, hire a professional license defense attorney. They will immediately begin challenging the state’s evidence. Consequently, your case might not even get to the hearing phase and may be dismissed due to insufficient proof. In some circumstances, your attorney can negotiate a settlement with the state, potentially securing lenient charges for you.
When deciding on appropriate disciplinary action, the ALJ along with the Board will look into several factors, including:
- The potential harm caused by your error to any individual
- Potential damage resulting from the breach
- The extent and value of any financial benefits you gained from the violation
- Any previous warnings from the board
- Your involvement in the violation, including failure to report, approval, or participation
- The total number of current reported infractions
- Whether the violation resulted from negligence, incompetence, or recklessness
- The severity of the alleged charges
- Any prior criminal convictions, compliance with probation conditions, and the conviction date
Appealing the Ruling
Even if your professional license attorney has worked hard to defend you, the administrative hearing's outcome may still be unfair. In such a scenario, your lawyer can assist in filing an appeal with the California Superior Court so that you can overturn the board's judgment. It is advisable to submit this appeal within 30 days of the board's final ruling. The appeal will be filed through a writ of mandamus.
Ex-parte applications are typically combined with appeals to prevent the board's decision from being implemented. When the application succeeds, the board must refrain from enacting its ruling. For example, if the California board had ordered you to revoke your professional license, you would continue practicing while awaiting the administrative hearing and last appeal determination. You must promptly file an appeal after receiving an unfair board ruling to prevent its impact on your career.
Defending Your License Before the Board
Defending professional licenses before the Board is a process that mandates meticulous and strategic planning. Below are steps that could assist you throughout this process:
Seek The Advice Of a Licensed Defense Attorney
You should find a lawyer with experience in California license defense. He or she can take you through this whole process, protect your rights, and help you construct a strong legal defense.
Carefully Examine the Complaint Lodged Against You
Understand the grievance thoroughly. Having a lawyer will assist you in comprehending the exact allegations and possible consequences you may face.
Collect the Evidence
Gather all pertinent evidence supporting your defense with your attorney's assistance. This could include paperwork, records, witness reports, and expert statements.
Devise a Strong Defense Strategy
Devise a strong defense tailored that fits your case and addresses each allegation you might be facing. You and your lawyer can provide persuasive evidence to discredit any allegations against you.
Your attorney will assist you in preparing for the administrative hearings or negotiations. This process may include performing mock hearings, confirming that your testimony will be compelling, and engaging in negotiations with the Pharmacy Board.
Maintaining a professional demeanor throughout the entire process is crucial. Demonstrating your dedication to conducting pharmacy practice ethically and with high quality may work to your advantage. When the Board imposes specific conditions or orders on the license, it is important to follow them. Failing to do so may result in additional consequences.
Find a Professional License Defense Attorney Near Me
Protecting your pharmacy technician or pharmacist license is not only about sustaining your future but also protecting your reputation. We at Santa Cruz License Attorney understand the high stakes and intricacies of defending a professional license. Our dedicated team of professional license attorneys is prepared to offer assistance and guide you through the challenges. Call us today at 831-732-4390.
