How do criminal records impact pharmacists in California?

California pharmacists convicted of a misdemeanor or felony “substantially related” to their professional duties will likely face an “accusation of discipline” with the State Board of Pharmacy. At that point, an administrative hearing takes place to determine if the license should be suspended or revoked.

Here are three key things to know:

1. Examples of crimes that are “substantially related” to your professional duties are offenses involving drugs, fraud, theft, or violence.
2. The administrative hearing judge will typically recommend a punishment if the Board can show, by clear and convincing evidence, that discipline is warranted.
3. You can try to settle your case with the Board to minimize whatever discipline is imposed.

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 I fight a disciplinary action?
• 6. Can I become a pharmacist if I have a criminal history?
• Additional resources

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 you (the licensee) for unprofessional conduct. “Unprofessional conduct” includes convictions for certain crimes.

In reaction to a conviction, the Pharmacy Board can:

• place you on probation, or
• suspend or revoke your professional license.²

2. What types of criminal convictions trigger Board discipline?

Criminal convictions which trigger Pharmacy Board discipline 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

What is a “conviction”?

The term “conviction” includes:

• felony and misdemeanor convictions secured through either guilty pleas and verdicts or “no contest” pleas (after judgment has been entered). It does not matter if the conviction is ultimately expungeable through Penal Code 1203.4.⁵

Note that the Board can even take disciplinary action if you successfully complete 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 you are incarcerated for a felony.⁷

Do I have to report my crimes?

When you renew your license, you 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.

A failure to report a conviction is considered knowingly making a false statement, which on its own, could result in license suspension or revocation.⁸

If you neglect to report a conviction to the Pharmacy Board, they will likely find out about it. Judicial court clerks are actually required to report convictions to the Board within 10 days.⁹

3. What does “substantially related” mean?

A “substantially related” conviction is one that brings into question your 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 (including identity theft),
• 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 you, the Pharmacy Board is required to consider whether you have been rehabilitated from your 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” you like criminal proceedings. Rather, they are designed to help the Board assess whether you pose a danger to the public.

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

5. Can I fight a disciplinary action?

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

If you receive an “Accusation” from the Board, that means the Board is seeking to discipline you by suspending or revoking your license.

At this point, you or your lawyer can try to negotiate a settlement with the Board to limit the extent of discipline.

If you cannot settle the matter, you have the right to appear at an administrative hearing before the Board can impose any type of discipline. Note that you must request a hearing within 15 days of the Accusation, or else you waive your right to one.

What is 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. You have the right to be represented by a criminal defense lawyer, at your 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 a recommendation, the Board can either approve it, modify it, or reject it.

Note that you 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 your license, you can try to petition the Board for a reinstatement of your 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 you if you had no criminal convictions within the past seven years of your license application.

Further, suppose you do have a criminal conviction within the prior seven years. In that case, the Board may disqualify you 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 you if you have been convicted of any of the following offenses at any time:

• a crime for which you have 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,
• grand theft,
• mayhem,
• forced sodomy, and
• assault with a deadly weapon.¹⁵

The Pharmacy Board does permit you to appeal if your application denial was based on having a criminal history.

Additional resources

Refer to the following for various pharmacist organizations:

• California Pharmacists Association (CPhA) – The largest state association representing the pharmacy profession in all practice settings.
• California Society of Health-System Pharmacists (CSHP) – State professional membership organization that advocates for pharmacists providing patient care services in hospitals and health systems to advance safe and appropriate medication use.
• American Pharmacist Association (APhA) – The national professional society of pharmacists in the U.S. that advocates for the profession, represents pharmacists’ views to government and other health organizations, advances pharmacists as essential medication experts on patient care teams, and provides professional development opportunities.
• National Community Pharmacists Association (NCPA) – A nonprofit trade association that represents the pharmacist owners, managers, and employees of more than 21,000 independent community pharmacies across the United States.
• National Alliance of State Pharmacy Associations (NASPA) – A nonprofit organization that represents state pharmacy associations and promotes leadership, sharing, learning, and policy exchange among state pharmacy associations nationwide.

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