Being a pharmacist or pharmacy technician is incredibly fulfilling because it allows you to make a significant impact on patient care and the larger healthcare system. You directly impact people's health daily when you make sure they have the necessary prescriptions and know how to take them. As a pharmacist, you oversee intricate drug schedules and provide professional advice. As a pharmacy technician, your work directly affects your patients' lives and health as you prepare and dispense prescriptions.

However, this responsibility comes with its challenges. Misunderstandings or mistakes could occur during regular dealings with coworkers, rival businesses, suppliers, and clients. These incidents can lead to accusations of wrongdoing, reported to the California State Board of Pharmacy. You must handle these accusations cautiously since they can potentially ruin your career. An experienced professional license defense lawyer's advice is priceless during these trying times. If you need a professional license defense attorney to handle the legal complexities, protecting your future and reputation in the workplace, we at the San Diego License Attorney are here to help.

The Crucial Role of Pharmacists in Patient Care

Pharmacists and pharmacy technicians play crucial roles in the healthcare system. They guarantee the proper and safe administration of drugs and offer significant assistance with patient care. As a pharmacist, you manage medications. Your actions ensure that patients receive the correct prescriptions and dosages. You ensure patients take their drugs safely by checking prescriptions for accuracy and possible drug interactions. You also give patients comprehensive information about their prescriptions, like how to take them, potential side effects, and how they mix with other medications or foods. Patients can better manage their health conditions and appropriately use over-the-counter drugs with your direction.

In addition to these fundamental duties, pharmacists provide clinical services, including vaccines, health screenings, and chronic illness management. Working with other medical specialists can help pharmacists improve treatment results and patient care.

Medication therapy management is a crucial component of a pharmacist’s job. In this role, you thoroughly examine medications and create individualized treatment regimens to enhance therapeutic results and lower the possibility of side effects.

As a pharmacy technician, you play a critical role in helping pharmacists fill and prepare prescriptions. A pharmacy technician’s responsibility includes measuring, mixing, and labeling medications to ensure precision and adherence to rules. Pharmacy technicians also oversee pharmacy inventory management, which includes ordering, storing, and organizing supplies and medications. This helps maintain proper drug storage and a well-stocked pharmacy.

It is also expected that, as part of your responsibilities as a pharmacy technician, you manage administrative responsibilities, including:

  • Processing insurance claims
  • Keeping track of patient information, and
  • Scheduling prescription refills in addition to your technical obligations

Your efforts guarantee first-rate customer service and smooth pharmacy operations. As the patient's initial point of contact, you frequently respond to inquiries, handle concerns, and provide information regarding prescription drugs and other healthcare items.

All the activities performed by pharmacists and pharmacy technicians require strict regulation to maintain professional standards and ensure patient safety. This is where the California Board of Pharmacy comes in. The California Board of Pharmacy ensures that pharmacists and technicians follow the strictest guidelines on competence and professionalism. The board regulates the sector to ensure patients receive dependable, efficient, and safe care. They establish and uphold rules on ethics, continuing education requirements, licensure, practice, and conduct.

How the California Board of Pharmacy Handles Complaints

When a complainant submits a complaint to the California Board of Pharmacy, the board takes immediate steps to address it effectively. The board initially determines if the complaint pertains to a breach of California Pharmacy Law and whether it involves a pharmacist, drugstore, or corporation under its authority. If the allegation is under the board's purview, an inspector will contact the complainant to receive more details on the complaint. The board could close a complaint without taking any action or forward it to another agency better suited to handle it if it falls outside its purview.

The California Board of Pharmacy launches a comprehensive investigation to look into the claims as soon as it receives a complaint and deems the complaint warranted. Once the board determines that a complaint falls under its jurisdiction, it will send you a formal notification detailing the nature of the complaint and the specific allegations. This notice provides a clear picture of the issues being investigated. The notification could include details of upcoming interviews or requests for more information as part of their investigations. You will be expected to comply and provide any material evidence they require.

The following are some of the key issues that form the basis of the board’s investigations other than violations of the California Pharmacy Law:

  • Problems in dispensing, which include giving the incorrect prescription or dosage
  • People working without a license as pharmacy technicians or pharmacists
  • Prescription fraud, which includes getting prescriptions by dishonest means and forging or modifying them
  • Instances where a pharmacist's or pharmacy technician's impairment interferes with their ability to perform their jobs — This will extend to concerns relating to substance misuse.
  • Vulnerabilities in maintaining complete and correct records for prescription drugs, inventory, or other matters are the primary focus of scrutinizing record-keeping infractions.
  • Unethical behavior, like acting inappropriately around patients or coworkers
  • Cases of drug diversion, which involve the illicit distribution or misuse of prescription drugs
  • Cases of insufficient patient counseling, which occur when pharmacists and technicians fail to provide appropriate pharmaceutical advice or information

Because of the complexities of the case, you should contact an experienced pharmacist and pharmacy technician license attorney. Their experience will help you navigate the legal issues that follow.

The disciplinary hearing, which is presided over by an administrative law judge, relies heavily on the investigation's conclusions. You and the board each have the chance to present your cases. You can submit additional evidence, argue, and respond to the issues raised. Simultaneously, the board will present its evidence to support the complaint.

After evaluating the evidence, the administrative law judge (ALJ) could recommend various disciplinary measures, depending on the seriousness of the matter. These include the following:

  • Citation and fine —You will receive a citation, a formal notice of the violation, and a fine, a monetary penalty. Although this action does not directly affect your license, it could damage your professional standing and employment opportunities.
  • Public reprimand — The Board will formally record a statement and issue you a public reprimand. The punishment does not impact your professional license. However, like a citation and a fine, there is an adverse impact on your professional reputation.
  • Interim suspension — The board could temporarily suspend your license if there are concerns about your actions during the investigation. This suspension can last for an extended period and significantly disrupt your career. You can often challenge this suspension to reduce its impact.
  • Stipulation — Before the Board lifts the suspension, you must fulfill certain requirements, including passing a drug test or finishing rehabilitation if the ALJ imposes one. Fulfilling these requirements is necessary to address the problems at hand.
  • Stay with probation — Should you be facing suspension, the ALJ could permit you to continue working under your probation's terms. You have to adhere to specific guidelines established by the board to keep your license while resolving the issues at hand.
  • Revocation or suspension — Suspension keeps you from practicing for a predetermined time, whereas revocation permanently revokes your license. Both have dire ramifications for your professional life.

The California Board of Pharmacy makes the final decision about the disciplinary actions. After considering the ALJ's recommendations, it decides whether to accept, modify, or reject them.

Petitions You Can File With The California Board of Pharmacy

You can use various petitions to contest disciplinary measures taken by the California Board of Pharmacy. Each petition focuses on different aspects of your professional standing.

  1. Petition for Reinstatement

You can request reinstatement if the board has suspended or revoked your license. You must demonstrate that you have handled the problems that led to the behavior to accomplish this. You must show that you have fulfilled prior requirements, finished any required rehabilitation, and are prepared to return to practice.

The board will carefully consider your petition and determine whether or not you have advanced enough to be considered for reinstatement.

  1. Petition for Early Termination of Probation

With the help of your attorney, you can request an early end to your probationary period. You must prove you have adhered to all probation terms and exhibited good behavior. Provide evidence of your compliance and advancements in your petition. Depending on how well you followed the terms of your probation, the board will determine if your request for an early termination is appropriate.

  1. Petition for Reduction of Penalty

You can seek a reduction if you believe the disciplinary penalty, like the fine or suspension, is too harsh. You must present compelling evidence for a lesser penalty, including proof of compliance with previous measures or mitigating circumstances. The Board will assess whether a reduction is appropriate in your circumstances and if it is consistent with the objectives of the disciplinary action.

The following are some of the mitigating factors you could present in your petition:

  • Corrective actions you have taken — You demonstrate a commitment to resolving the concerns and averting future issues by finishing rehabilitation programs, receiving more training, or changing your procedures.
  • Good faith efforts — When you cooperate fully with the board and promptly address their concerns, you project yourself as a responsible professional committed to finding a solution. This good faith effort will help your case.
  • First-time offense — Establishing that the violation was an isolated incident rather than a recurring issue supports the claim that this violation was an exception. This context can be critical in advocating for a lighter penalty.
  • Character references — Including letters or declarations from superiors, coworkers, or other experts who attest to your good qualities and contributions helps counterbalance the negative aspects of the violation and provides a more comprehensive picture of your professional behavior.
  • Personal or professional hardships — If you can provide proof of a health condition or a period of extreme stress, it will indicate that other forces, not your carelessness, were the cause of the violation.

How Serious Felonies and Registered Crimes Impact Your License Application

The California Board of Pharmacy is subject to certain restrictions under Business and Professions Code Section 480 when considering felony convictions during licensure. If an applicant has made amends for prior offenses, the Board cannot reject their application based only on those convictions.

The board must disregard convictions dismissed or expunged under:

  • Penal Code 1203.4 — If you successfully finish probation and fulfill additional requirements, you can have a conviction dismissed. Declaring your innocence is permissible under this law.
  • Penal Code 1203.4a — This section is applicable if you have served your time on probation or in jail after being convicted of a felony or misdemeanor. In certain situations, it permits you to set aside your convictions.
  • Penal Code 1203.41 — You can have some convictions dismissed if you can provide proof of your rehabilitation or
  • Penal Code 1203.42 — This clause allows for the discharge of a conviction for a specific sexual offense, provided you have fulfilled probationary terms and other requirements.

For the board to reject an application, the conviction must have happened:

  • More than seven years before the application date or,
  • More than seven years following the applicant's release from jail if you were incarcerated

Nevertheless, there are certain exceptions. The board can reject an application for convictions involving significant felonies. This is according to Penal Code Section 1192.7, which covers major crimes like murder and some violent sexual offenses. Similarly, the board could reject the application no matter how much time has passed if the conviction violates Penal Code Section 290, which requires registration for certain sexual offenses.

Find a Pharmacists and Pharmacy Technicians License Attorney Near Me

If you are a pharmacy technician or pharmacist, even a simple accusation of misconduct could adversely affect your license. Your reputation, career, and professional standing could all be at risk from these accusations. Knowing the fundamentals of rules alone is not enough to navigate the complicated legal system. An experienced pharmacist and pharmacy technician license attorney is invaluable in these circumstances.

At San Diego License Attorney, we will help you navigate the legal system, challenge unfair accusations, and work to get your case resolved. Working with a skilled lawyer will safeguard your reputation and provide a strong defense. Do not risk your future. Instead, contact us at 858-665-2455 and let us defend your career.