Criminal Convictions and Pharmacist Discipline in California

The California Board of Pharmacy can discipline licensed pharmacists and pharmacy technicians if they get convicted of certain criminal offenses. These convictions include either misdemeanor or felony convictions that are “substantially related” to pharmaceuticals (examples include convictions for crimes involving fraud, theft, or violence).

Disciplinary action can include license suspension or revocation.

The Board may also withhold pharmacist licenses from aspiring pharmacists and techs if:

• they were convicted of a crime within seven years of the date of their license application, and
• the offense was substantially related to pharmaceuticals.

Further, the Pharmacy Board may bar applicants from getting a pharmaceutical license if the applicants received a conviction, at any time, for either of the following:

• a serious offense (such as murder, rape, or grand theft), or
• a sex offense that requires Tier II or Tier III sex offender registration.

Note that convicted pharmacists and pharmacy technicians can try to challenge proposed disciplinary action.

For example, they can try to settle a case with the Board to minimize whatever discipline is imposed.

Professionals also have the right to challenge a case at an administrative hearing, which is held before an administrative law judge. The hearing is similar to a criminal trial.

The judge will typically recommend discipline if the Board can show, by clear and convincing evidence, that disciple is warranted.

The Board can either

• approve this recommendation,
• modify it, or
• reject it.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Who regulates pharmacists in California?
• 2. What types of criminal convictions trigger Board discipline?
• 3. What does “substantially related” mean?
• 4. Does evidence of rehabilitation help?
• 5. Can a convicted California pharmacist fight a disciplinary action?
• 6. Can I become a pharmacist if I have a criminal history?

1. Who regulates pharmacists in California?

The Board of Pharmacy, a governmental agency within the California Department of Consumer Affairs, regulates pharmacists, pharmacy technicians, and pharmacy interns.

The Board enforces California pharmacy laws and implements regulations in accordance with its mission of protecting public health and public safety.¹

As part of its responsibility, the Board can discipline licensees for unprofessional conduct. “Unprofessional conduct” includes convictions for certain crimes.

In reaction to a conviction, the Pharmacy Board can:

• place the professional on probation, or
• suspend or revoke his/her professional license.²

2. What types of criminal convictions trigger Board discipline?

Criminal convictions that are “substantially related” to the qualifications, functions, or duties of a

• pharmacist,
• pharmacy technician, or
• pharmacy intern can trigger Board discipline.³

The Board of Pharmacy can also deny a license application on the basis of a similar conviction.⁴

The term “conviction” includes:

• felony and misdemeanor convictions secured through either guilty pleas and verdicts or “no contest” pleas, and
• convictions that may later be expunged under California Penal Code Section 1203.4.⁵

Note that the Board can even take disciplinary action if a pharmacist successfully completes a court-ordered diversion program following a conviction.

Generally speaking, the Board can act with respect to a conviction when:

• the time for appeal has passed,
• the judgment has been affirmed on appeal, or
• an order granting probation is made.⁶

The Board can take expedited action when the licensee is incarcerated for a felony.⁷

When pharmacists renew their licenses, they must report any criminal convictions that occurred in the United States. The only exception is for the conviction of an infraction that did not involve:

• alcohol,
• dangerous drugs, or
• controlled substances.⁸

A failure to report a conviction is considered knowingly making a false statement, which on its own, could result in license suspension or revocation.⁹

3. What does “substantially related” mean?

A “substantially related” conviction is one that brings into question the convicted party’s ability to adhere to and uphold the duties, qualifications, and functions of a pharmacist, pharmacy tech, or pharmacy intern.

Note that the Board evaluates every conviction on a case-by-case basis. This means it can label almost any conviction as “substantially related,” depending on the circumstances surrounding the conviction.¹⁰

With that said, examples of convictions that are “substantially related” to pharmaceuticals include convictions involving:

• fraud,
• theft (in violation of Penal Code 484),
• violence,
• prescription drugs, and
• alcohol abuse (including instances of DUI).¹¹

4. Does evidence of rehabilitation help?

Yes. In determining whether and how to discipline a licensed pharmacist or pharmacy tech, the Board is required to consider whether the licensee has been rehabilitated from his or her criminal activity.¹²

“Evidence of rehabilitation” includes, but is not limited to, the following:

• evidence of remorse or restitution,
• evidence of participation in counseling and/or group therapy,
• evidence of volunteer work and community engagement,
• letters of reference from employers and/or probation officials, and
• the length of time since the conviction that involves a clean record.¹³

Note that Board proceedings are not designed to “punish” a licensee like criminal proceedings. Rather, they are designed to help the Board assess whether a licensee poses a danger to the public.

This is where rehabilitative evidence comes into play. It helps the Pharmacy Board determine whether a pharmacist continues to present a danger to the public, post-conviction.

5. Can a convicted California pharmacist fight a disciplinary action?

Yes. A pharmacist can fight a disciplinary action by way of a settlement or an administrative hearing.

If a pharmacist receives an “Accusation” from the Board, the document notifies the professional that the Board seeks to discipline the party by suspending or revoking his/her license.

At this point, the pharmacist or pharmacy technician (or his/her lawyer) can try to negotiate a settlement with the Board to limit the extent of discipline.

If the parties cannot settle the matter, the pharmacist has the right to appear at an administrative hearing before the Board can impose any type of discipline.

The Hearing Process

Administrative hearings are conducted before an administrative law judge (ALJ) and are held at the Office of Administrative Hearings (OAH).

The Pharmacy Board is represented by a lawyer from the California Attorney General’s Office. The convicted pharmacist has the right to be represented by a criminal defense lawyer, at his/her own expense.

The hearing is like a California criminal or civil jury trial. Both sides can present evidence to support their respective cases.

The ALJ typically recommends that some form of discipline be imposed provided that the Board can show, by clear and convincing evidence, that discipline is warranted under the circumstances.

Once the judge makes his/her recommendation, the Board can either approve it, modify it, or reject it.

Note that pharmacists have the right to appeal the Board’s decision by filing a writ with the Superior Court.

If the Board decides to suspend or revoke a professional’s license, the pharmacist can try to petition the Board for the reinstatement of the subject license.¹⁴

6. Can I become a pharmacist if I have a criminal history?

It depends on the date of the conviction and the crime for which the conviction was sustained.

The general rule is that the Board of Pharmacy may not disqualify applicants if they have no criminal convictions within the past seven years of their license application.

Further, if an applicant does have a criminal conviction within the prior seven years, the Board may disqualify them only if the case was substantially related to the qualifications, functions, or duties of being a pharmacist. (The term “substantially related” carries the same definition as described in Section 3 above).

There are exceptions to the above rules though. Mainly, the Board may deny pharmacy licenses to those who have been convicted of any of the following offenses at any time:

• a crime for which the applicant has to register as a Tier II or Tier III sex offender, or
• a serious felony, as defined in Section 1192.7 of the Penal Code.

Examples of a “serious felony” under PC 1192.7 include:

• murder,
• rape,
• kidnapping,
• mayhem,
• forced sodomy, and
• assault with a deadly weapon.¹⁵

The Pharmacy Board does permit rejected applicants to appeal if their denial was based on having a criminal history.

For additional help…

If you are a pharmacist or pharmacy tech, and are under investigation by the Pharmacy Board, we invite you to contact our criminal defense firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.

Our lawyers also represent clients throughout the State of California, including those in Los Angeles, Orange County, Beverly Hills, Corona, Los Angeles County, Sacramento, Riverside, San Diego, San Francisco, and Southern California.

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