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Medical License Defense

CAN A PHARMACIST, OR PHARMACY TECHNICIAN, LOSE THEIR LICENSE FOR DRIVING UNDER THE INFLUENCE?

As a professional, you are no doubt aware that you are held to a high standard of conduct at work. There are many rules and regulations you must follow. These rules and regulations are to ensure that you follow a certain standard of behavior.

And this makes sense as your behavior at work directly impacts your clients, patients, customers or patrons.

However, many professionals forget that even when they are “off the clock”, in their own private lives, they are still held to a certain standard of behavior.

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California Business and Professions Code §4301 states that “the board [of Pharmacy] shall take action against any holder of a license who is guilty of unprofessional conduct…”. The Code then goes on to then define what behavior constitutes unprofessional conduct with various code sections.

When an accusation is filed against you for driving under the influence, the Board of Pharmacy usually uses two of code sections. Specifically, Business and Professions Code §4301(h) and §4301(l).

Business and Professions Code 4301(h) states that “the administering to oneself…or the use…of alcoholic beverages to the extent or in a manner as to be dangerous…to a person holding a license…or to any other person or to the public…” is unprofessional conduct.

In plain English, it is unprofessional if you consume alcohol in a manner that is dangerous to yourself or the public. However, what is considered dangerous could be open to interpretation.

Therefore, a simpler way to win a case against you for driving under the influence is Business and Professions Code §4301(l) which states that “the conviction of a crime…substantially related to the qualifications, functions, and duties of a licensee…” shall be considered unprofessional conduct. Since driving under the influence is considered substantially related to the qualifications and duties of a licensee, if you are convicted of a DUI in criminal court the Board of Pharmacy will argue that you are automatically also in violation of Business and Professions Code §4301(l), and hence, your license should be revoked.

Nevertheless, you should not assume that you will lose your license if you are convicted of a DUI. A good professional license defense attorney can advocate for you and potentially get your accusation dropped or greatly reduce the effects of any conviction.

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The disciplinary process occur can occur very quickly. You don’t want to lose your case because you didn’t act quickly.

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(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.

These blogposts shall not be constituted as legal advice and are 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. In addition, these blogposts are not updated, or edited, after the date of their initial post, and as such, the information contained within them may be outdated. Consult with your own personal attorney for more information on the subject matters.