Pharmacists are healthcare professionals who specialize in preserving, storing, and dispensing medication. After completing your education, you must obtain a practice license to become a pharmacist or pharmacy technician. The California State Board of Pharmacy issues licenses and regulates licensed professionals.

As a licensed professional, you must follow the board's practice and ethical standards. Violating these standards could result in misconduct allegations and potential disciplinary action. Depending on the nature of your violation, the board can impose various disciplinary actions. They include formal warnings, probation, license suspension, or revocation. Losing your professional license can have devastating impacts on your career and livelihood.

When you undergo the CSBP disciplinary process, you can defend yourself against the allegations. With the guidance of a license defense attorney, you can avoid adverse disciplinary action. You will benefit from our legal expertise at San Francisco License Attorney if you face potential license discipline.

Role of Pharmacy Technicians and Pharmacists in California

Pharmacists and pharmacy technicians play essential roles in healthcare. They ensure the safe, effective, and appropriate use of medications. Their roles include:

  • Dispensing medication. Pharmacists dispense prescription medications to patients to ensure the correct dosage.
  • Patient counseling. Pharmacists and pharmacy technicians guide patients on how to take medications. Additionally, they help patients understand the importance of adherence to prescribed treatments.
  • Drug use review. Pharmacy technicians review the patient's medication therapy to identify potential drug interactions.
  • Drug therapy management. Pharmacists work with healthcare teams to monitor and adjust a patient's therapy.
  • Immunization Administration. California pharmacists are authorized to administer different vaccines to patients. They include flu shots and other immunizations as part of public health initiatives.
  • Health Screenings. Pharmacists perform screenings for health conditions like hypertension, cholesterol, and diabetes.
  • Medication therapy management. Pharmacists provide specialized consultations to help patients manage their medications. These consultations focus on increasing the benefits of drugs and reducing the risks.

Role of the California State Board of Pharmacy (CSBP)

The CSBP is a Department of Consumer Affairs that regulates the practice of pharmacists and pharmacy technicians in California. The board's primary goal is to protect people's health, safety, and well-being. Additionally, it advocates for high-quality services from licensed professionals in the state. The following are some primary roles of the CSBP:

  • Licensing and regulation. The Board ensures that pharmacists, pharmacy technicians, and pharmacies meet state-mandated qualifications. It issues and renews licenses to qualified professionals. Examination ensures that only those who meet educational and ethical standards can practice.
  • Consumer protection is the CSBP's most crucial role in safeguarding the public. It ensures that pharmacies provide safe and effective services. The board also sets the practice and ethical standards that licensed professionals follow.
  • Investigating complaints. The CSBP receives complaints of misconduct by licensed pharmacy technicians and pharmacists. After receiving the complaints, the board investigates them to determine their accuracy.
  • Imposing license discipline. After investigating the complaint, the CSBP holds an administrative hearing. If the board finds the professional violated, it can impose disciplinary action, ranging from a simple reprimand to license revocation.

Common Violations by Pharmacists and Pharmacy Technicians

Licensed pharmacists and pharmacy technicians can face an investigation and disciplinary action for:

Fraud and Misrepresentation

The board can discipline pharmacists for fraud and misrepresentation. These violations occur in fraudulent billing and insurance claims. In addition to license discipline, fraud can result in criminal charges.

Failure to Follow Safety Protocols

The CSBP has set standards of care that licensed professionals must follow. These regulations ensure the safety and well-being of patients. If you are reported for failing to follow the safety protocols, the board can discipline you.

Substance Abuse

The use of alcohol and drugs may seem like a personal choice. Unfortunately, it can impact your practice as a pharmacist or pharmacy technician. If you have a history of substance abuse, the board can suspend or revoke your license. Before the license revocation, the CSBP may offer you treatment and rehabilitation programs.

Criminal Convictions

Facing a criminal conviction can have devastating effects on your professional license. When the board learns of your arrest and conviction, it starts an investigation that can lead to severe disciplinary action. Offenses that could attract license discipline include:

  • Child abuse (PC 273d).
  • Driving under the influence of alcohol or drugs (VC 23152).
  • Drug Trafficking (HSC 11352).
  • Fraud (PC 470).
  • Sexual battery (PC 243.4).

Unlicensed Practice

You must have a valid license to practice as a pharmacist or pharmacy technician in California. You obtain the license after meeting the educational, training, and licensing requirements. You risk severe discipline for practicing with a suspended, revoked, or expired license.

Gross Negligence

Licensed pharmacists must exercise reasonable caution when dispensing and handling medication. Gross negligence involves actions that put patients at risk of harm. You can face allegations of gross negligence when your actions result in a patient's injury or death.

The California State Board of Pharmacy Disciplinary Process

The following are steps involved in the disciplinary process by the CSBP:

Filing a Complaint

The disciplinary process starts when a complaint is filed against you. Patients, your employer, colleagues, or other entities can submit complaints against you to the CSBP. Complaints are forwarded to the board through emails or the CSBP websites. They can involve substance abuse, negligence, fraud, or other ethical standards.

Complaint Review

When the board receives a complaint against you, it appoints an official to review it. The review helps determine the complaint's legitimacy. Additionally, the board can decide if the complaint falls within its jurisdiction. If the complaint does not fall under CSBP jurisdiction, the board transfers it to relevant authorities.

Investigation

The board conducts investigations of complaints that fall within its jurisdiction. A complaint investigation may involve:

  • Gathering evidence.
  • Interviewing witnesses.
  • Reviewing pharmacy records.
  • Consulting experts.

Before the investigation begins, the board will notify you of the complaints made against you. After receiving the notice, you will have up to fifteen days to respond. The investigation helps to determine whether the professional violated practice and ethical standards. If the board finds enough evidence of a violation, it can file formal charges. The accusation details the specific violations and the proposed disciplinary actions.

Pre-Hearing Process

Before a formal hearing, you could resolve the matter through settlement or mediation. Sometimes, the board can propose a stipulated agreement.

The agreement involves accepting liability for the violation and proceeding to disciplinary action. You can negotiate for less severe discipline if you enter the stipulated agreement.

Administrative Hearing

If you do not enter a settlement, your case will proceed to a formal hearing. The administrative law judge presides over the administrative hearing. During the hearing, you can present evidence and witnesses. Additionally, you can cross-examine the witnesses presented by the board.

Final Decision

The ALJ must issue a proposed decision within 30 days of the hearing. The ALJ will also recommend disciplinary action based on the facts and law. The board will review, reject, change, or accept the proposed decision.

Appeal

The decision made by the board on your case is not final. If the decision is not in your favor, you can appeal it. You must file an appeal within 60 days of receiving the decision for a chance at reconsideration.

Disciplinary action

The board will impose appropriate disciplinary action if you do not appeal the decision or the court denies your appeal. The severity of the disciplinary case varies depending on the nature of your violations. Standard disciplinary action by the CSBP includes:

  • Public reprimand. A reprimand is a formal warning to a professional. It will not impact your ability to practice as a pharmacist or pharmacy technician. However, it appears on your record and can influence future disciplinary action.
  • Fines. You could face administrative fines if your violation involves causing financial losses.
  • Probation. The CSBP can place you on professional probation for violating practice standards. While on probation, you can continue to practice. However, the board will impose some conditions that you must follow.
  • License suspension. For serious violations, the board can suspend your license. With a license suspension, you cannot practice throughout the suspension period. License suspension can last anywhere between 1 and 5 years. However, license suspension is temporary. You can petition the board to reinstate it after the suspension period ends.
  • License revocation. The most serious disciplinary action by the CSBP is a license revocation. When the board revokes your license, you cannot practice indefinitely.

Pharmacist License Reinstatement

If the board suspends your license, you cannot practice as a pharmacist in California. However, a license suspension is a temporary action. After completing the suspension period, you can petition the board for a reinstatement.

Reinstating a pharmacy license involves a specific process. The steps you will take for your reinstatement vary depending on the reason for the license suspension. The process of pharmacist license reinstatement includes these steps:

Eligibility Check

Before petitioning the CSBP for reinstatement, you must meet the eligibility requirements. They include:

  • Completing the suspension period. The CSBP can suspend your pharmacist's license for one to five years, depending on the circumstances. If the suspension period has elapsed, you are eligible for a reinstatement.
  • Following all the conditions set by the board. During the license suspension period, the board will impose conditions you must follow. These could include rehabilitation, counseling, and continued education. You cannot reinstate your license unless you have completed these conditions.
  • Addressing the issues that resulted in the license suspension. The CSBP can suspend your license for various reasons. They include violating practice or ethical standards, fraud, and criminal conduct. You must address the root cause of your suspension before petitioning for reinstatement. Addressing the issues could include completing your sentence and making rehabilitation efforts.

Complete the Application

You can complete the reinstatement application through the CSBP website. When completing your application, you must provide detailed information about your case. The information will include:

  • Your background.
  • Employment and work history.
  • Evidence of completing a criminal sentence.
  • Any actions you have to remedy the issues that led to the suspension or revocation of your license.

Pay Reinstatement Fees

When petitioning the board to reinstate your professional license, you must pay a reinstatement fee. The amount you pay varies depending on the situation. Fees are usually non-refundable, even when the board denies your application.

Submit Supporting Documents

You may need to submit extra documents if your suspension is part of disciplinary action. For example, you must provide evidence of treatment if substance abuse caused the suspension. You must consult your attorney if you are unsure of the documents to submit for your application.

Review and Approval

When you submit your application, the California State Board of Pharmacy will review it. The review process includes interviews or hearings if disciplinary action prompted the suspension.

License Reinstatement Decision

After a thorough review, the Board will approve or deny your reinstatement request. If denied, the board will provide a reason and any steps you need to take for future consideration. Common reasons for denial of your petition include:

  • Failure to file proper documentation.
  • Failure to complete the requirements of the suspension.
  • Presenting incorrect information during the application.
  • Lack of evidence of rehabilitation.

If the board denies your reinstatement request, you can remedy the errors you made and file another petition.

Find a Competent License Defense Attorney Near Me

Training to become a pharmacy technician or pharmacist requires dedication, time, and money. The California State Board of Pharmacy regulates the practice of pharmacists. The board can issue you a license if you pass the licensing exam.

Your pharmacy license is your ticket to practice in the state. Unfortunately, the board can suspend or revoke the license as part of professional discipline. The CSBP receives complaints of your misconduct or criminal convictions. Patients, your employer, and your colleagues submit the complaints.

If the board finds you liable for a violation, it imposes the appropriate disciplinary action. Facing potential license discipline is nerve-wracking. Therefore, if you are under investigation by the board, you must fight the allegations to keep your license. At San Francisco License Attorney, we offer expert legal guidance for clients facing professional disciplinary proceedings in San Francisco, CA. Call us at 415-919-6594 for much-needed advice.