California Criminal Convictions and Pharmacist Discipline

In California pharmacists and pharmacy technicians face discipline by the Board of Pharmacy — including license revocation — after getting certain types of criminal convictions.

The Board also has the authority to withhold licenses from applicants who have been convicted of a crime in the past seven years that was substantially related to pharmaceuticals. In fact, there are some criminal convictions that might stop an applicant from receiving a pharmaceutical license no matter how old the offense is. These include:

• a serious crime, like rape, murder, or grand theft, or
• a sex crime that requires the applicant to register as a Tier II or Tier III offender

The California Criminal Defense Lawyers at Federal Lawyers represent people accused of crimes and we have experience helping pharmacists keep their licenses in disciplinary actions.

In this article, you will learn more about criminal convictions and pharmacist discipline in California. If you have further questions after reading, feel free to contact us for a consultation.

We will cover:

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Legal Scenario: What Would You Do?

Scenario

A licensed pharmacist in Los Angeles was recently convicted of a misdemeanor for illegally dispensing controlled substances without a valid prescription to a friend. Now the California Board of Pharmacy has initiated disciplinary proceedings and is seeking to revoke her pharmacist license.

Can the Board of Pharmacy really take away my license over a single misdemeanor conviction, and is there anything I can do to save my career?

Attorney's Answer

Under California Business and Professions Code Section 4301, the Board of Pharmacy has broad authority to discipline licensees for any conviction that is substantially related to the qualifications, functions, or duties of a pharmacist. Even a misdemeanor involving controlled substances is considered directly related to pharmacy practice and can serve as grounds for license revocation or suspension. However, under the Board's Disciplinary Guidelines and California Code of Regulations Title 16, Section 1769, you may be eligible for a stayed revocation with probationary terms, which could include supervised practice, continuing education, and community service. An experienced attorney can present mitigating evidence at your administrative hearing and negotiate terms that allow you to retain your license under probation rather than face outright revocation.

This is general information only. Contact us for advice specific to your situation.

• What body regulates pharmacists in California?
• What types of convictions can trigger Board discipline?
• How can I fight for my license?
• How does the 7-year rule apply to pharmacist?

What body regulates pharmacists in California?

Under the auspices of the California Department of Consumer Affairs, The Board of Pharmacy, regulates pharmacists, pharmacy technicians and pharmacy interns Their mission is one of public protection. Their responsibilities include disciplining licensees convicted of certain crimes by placing them on probation or suspending or revoking licenses.

What types of convictions can trigger Board discipline?