Criminal Defense Lawyers

California Criminal Convictions and Pharmacist Discipline

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 Spodek Law Group 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:

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

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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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?

Convictions that can trigger board discipline are those that are “substantially related” to the qualifications, functions, or duties of a pharmacist, pharmacy technician or pharmacy intern.  The Board can also deny a license application on the basis of any substantially related conviction.

What is a “substantially related” conviction?

The term “substantially related” describes a conviction that “evidences present or potential unfitness of a licensee or registrant to perform the functions authorized by his license or registration in a manner consistent with the public health, safety, or welfare.”   Drug crimes are an obvious category, but other offenses include murder, grand theft, rape, and identity theft, among others.

The Board’s Disciplinary Guidelines classify criminal convictions as either Category II or Category III violations, with a recommended minimum discipline of three to five years probation plus possible license suspension and maximum discipline of license revocation.

What Convictions Count?

For the purposes of this discussion, a conviction can include felony and misdemeanor convictions secured by guilty pleas and verdicts, “no contest” pleas and convictions that could later be expunged under California Penal Code Section 1203.4. The Board has the authority to take disciplinary action even in cases where the defendant successfully completes a court-ordered diversion program.  In some cases, the Board will take expedited action.

On top of that, the Board has ways to uncover concealed convictions.  Therefore, it is wise to be upfront about your past. Actually, court clerks are obligated to report to the Board any licensee convictions within 10 days of judgment.

The Role of Rehabilitation

Indeed, people can and should be given the chance to be rehabilitated from their criminal activities and make positive change in their lives.  As such, the Board is required to consider evidence of a person’s efforts at rehabilitation in making discipline decisions.  The Board will look at the whole picture, including:

• proof of remorse or restitution
• proof of participation in counseling and/or group therapy
• proof of engaging in volunteer work and community commitment
• reference letters from employers and/or probation officials

It’s worth noting that the purpose of regulatory proceedings is not meant to be punitive to a licensee like criminal proceedings. Rather, they are designed to assist the Board in assessing whether a licensee poses a threat to the public.

That said, your goal is to show the Board that you are sincere in your remorse and have taken the steps necessary to overcome the past. You want to instill confidence in the Board that you pose no danger to the public if you keep serving them in this capacity.

Pharmacist License Reinstatement in California

Should you end up losing your license anyway, you don’t have to give up.  You will have the right apply to have your license reinstated in the future.  At that point, the Board reviews your evidence of rehabilitation.

For example, a pharmacy technician’s license was revoked after pleading guilty to identity theft.  Although her license was revoked, the administrative law judge gave her hope for the future, pointing out that she was on the right track by demonstrating remorse, complying with her probation terms, doing intermittent work and serving in church activities.

How can I fight for my license?

Have you receive an Accusation from the Board notifying you that the Board seeks to discipline you by suspending or revoking your license?  Worry not.  You, or your attorney, might be able to negotiate with the Board and come to a settlement that limits the extent of discipline.

You also have the option of a hearing in front of an administrative law judge, where you will have the right to discovery, and an opportunity to introduce evidence and cross-examine witnesses.  To exercise this option, you must act quickly. After 15 days have passed since the Accusation was issued, you will be presumed to have waived your right to a hearing.

How does the 7-year rule apply to pharmacist?

The Board has the right to deny pharmacy licenses to applicants who have been convicted of certain crimes at any time.  These include sex offenses, rape, murder, assault and the like.  Applicants who get denied a license on the basis of their criminal history have the right to appeal.

The Attorneys at Spodek Law Group Can Help.  Give us a call today!