THE CALIFORNIA BOARD OF PHARMACY IS DILIGENT AND AGGRESSIVE IN ENFORCING LAWS AND REGULATIONS
On average the California Board of Pharmacy files almost three-hundred (300) new accusations against pharmacists, technicians, and pharmacies a year. That means on average almost twenty-five (25) new cases against pharmacists, technicians, or pharmacies happen each month! If you are one of the unlucky ones, Malakauskas Law APC can help.
COMMON CAUSES OF DISCIPLINE FOR PHARMACISTS AND PHARMACIST TECHNICIANS
Pharmacists and pharmacist technicians can face board discipline based upon a wide variety of conduct. The California Board of Pharmacy has discretion to discipline an individual on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more often than others. Below are common causes of discipline for both pharmacists and pharmacist technicians:
- Driving Under the Influence: The Board of Pharmacy takes driving under the influence very seriously. Driving under the influence is a quick way to be disciplined by the Board and potentially lose your license.
- Working Under the Influence: Even if you have a prescription, if you are working under the influence of a drug, and that drug affects your performance, you can expect to be disciplined.
- Dangerous Use of a Controlled Substance: Whenever the Board of Pharmacy disciplines an individual for driving under the influence, or working under the influence, the Board will often add the accusation of “dangerous use of a controlled substance”. The accusation “dangerous use of a controlled substance” is often added on to another accusation.
- Self-Administration of a Controlled Substance: The Board of Pharmacy disciplines individuals when they personally use a controlled substance in an illegal manner. However, this accusation doesn’t just happen with harder drugs but can be also happen for marijuana. Therefore, even though marijuana can be legal in the state of California, the Board of Pharmacy has still disciplined individuals for using it.
- Dishonest Statements: Making a false statement of fact to a board investigator, or on a license renewal, or application, is a sure way to be disciplined. The board often accuses individuals of dishonesty based upon the statements those individuals make to board investigators or based upon the statements made in license applications or renewals.
COMMON CAUSES OF DISCIPLINE FOR PHARMACISTS-IN-CHARGE
In addition to the conduct above, “pharmacists-in-charge” (those with a more supervisory or managerial position) are disciplined for a much wider variety of conduct. The conduct usually involves administrative tasks or responsibilities. Common causes of discipline for “pharmacists-in-charge” include:
- Failure to Maintain Records: As a “pharmacist-in-charge” you must maintain all records of sale, acquisition, receipt, shipment, and, or, disposition of dangerous drugs or devices according to regulations. Although such records can be tedious at times, it is vital that you keep these records to prevent yourself from being disciplined.
- Expired Drugs in Active Inventory: Selling, dispensing, or keeping expired drugs in active inventory is a sure way to be disciplined by the Board of Pharmacy.
- Deliveries of Dangerous Drugs or Devices Received by a Non-Pharmacist: Having a technician or other employee who is not a pharmacist receive a delivery of a dangerous drug or device can lead to discipline.
- Drug Compounding: Pharmacists have been disciplined for many issues involving the compounding of drugs. Compounding is a complex area of pharmacy with many ways to be disciplined, such as:
- Failure to do Compounding Self-Assessments: Self-Assessments must occur on a regular basis to ensure that all compounding is done according to regulations.
- Inadequate Compounding Policies and Procedures: Every “Pharmacist-In-Charge” must ensure that there are adequate polices and procedures for compounding, including, creating master formula documents.
- Incomplete Records of Compounded Drugs: Similar to other drugs, compounded drugs must be carefully tracked.
- Failure to Product Test Compounded Drugs: Compounded drugs must be tested for quality control after they have been created.
- Distributing Drugs without a Prescription: Failing to properly supervise employees who dispense drugs without a prescription will lead to discipline.
- Distributing Drugs with a Non-Compliant Prescription: Pharmacists must ensure that prescription slips have adequate security features and are properly filled out.
- Failure to Exercise Corresponding Responsibility: Pharmacists are jointly responsible with doctors for the prescriptions they dispense. A pharmacist is not allowed to rely solely on the judgment or direction of a doctor. Therefore, pharmacists are often disciplined when they fail to catch abnormalities in the prescription practices of doctors. Often this manifests in a doctor prescribing a disproportionate number of addictive drugs over a diverse geological area with the pharmacist failing to catch such conduct.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE CALIFORNIA BOARD OF PHARMACY?
You will likely first learn that you are being investigated by the California Board of Pharmacy when you, or your co-workers, are contacted by a “board inspector”. To understand the role of a “board inspector”, think of the matter as a criminal case in court. The “board inspector” would be the police officer, and the “deputy attorney general” would be the prosecutor. Therefore, it is unwise to talk to the “board inspector” without representation.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they will add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAW ARE PHARMACISTS AND PHARMACIST TECHNICIANS DISCIPLINED UNDER?
If a “board inspector” determines that you have violated the law, you will be served with an accusation at a later date. When you are served with an accusation, the accusation most likely will reference California Business and Professions Code §4301. California Business and Professions Code §4301 states that the Board will take action against any holder of a license who engages in professional misconduct. The law then has twenty-one (21) subsections defining the different ways (but not limited to) a pharmacist may engage in professional misconduct. If you have been served with an accusation, your accusation will reference which subsection you are accused of violating.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win/Accusation Withdrawn: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of investigation and enforcement of the accusation.
- Additional Conditions: You may face additional conditions, such as a requirement that you forego any ownership in a Board licensed entity, participate in community service, or take classes among other requirements.
Obviously, the best possible outcome is to win your case and, or, have the accusation withdrawn. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the California Board of Pharmacy can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the California Board of Pharmacy within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC, can get started on filing your notice of defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a notice of defense, you may still be able to have a hearing. The California Board of Pharmacy may “in its discretion” grant you a hearing. Nevertheless, the more prudent action is to file your notice of defense within the fifteen (15) days.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The California Board of Pharmacy will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side. However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §4309 allows you to petition the California Board of Pharmacy for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the California Board of Pharmacy under Government Code §4309 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.