California Board of Pharmacy License Defense Lawyer
The California Board of Pharmacy, known as the BOP, licenses approximately 42,000 Pharmacists in the State of California. Most California Pharmacists have minimal or no contact with the enforcement arm of the California Board of Pharmacy. For Pharmacists who become part of the California Board of Pharmacy’s disciplinary process, the consequences are profound. The Pharmacist License disciplinary process is complex, procedural and time consuming. Pharmacists facing the California Board of Pharmacy disciplinary process should seek legal representation from an experienced California Pharmacist License Defense Attorney.
California Board of Pharmacy Investigation Defense Lawyer
The majority of California Board of Pharmacy investigations begin with the filing of a consumer Complaint. However, California Board of Pharmacy Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Pharmacy utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Pharmacists. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the California Board of Pharmacy disciplinary process. At the conclusion of a California Board of Pharmacy investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.
If you are a Pharmacist facing a California Board of Pharmacy investigation, contact a California Pharmacist License Defense Attorney for representation.
California Pharmacist License Accusation Defense Attorney
A formal Accusation served on a California Pharmacist serves as notice to a Pharmacist that the Board intends to revoke the Pharmacist License. The Pharmacist, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Pharmacist. A Default will result in the immediate Revocation of the Pharmacist License.
An Accusation is a serious matter that can result in the suspension or revocation of a Pharmacist License in California. In many cases, it is possible for Pharmacists to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Pharmacy. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).
Pharmacists facing a California Board of Pharmacy Accusation should contact an experienced California Pharmacist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Pharmacists include:
California Pharmacist License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Pharmacy can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Pharmacy’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Pharmacist to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Pharmacist can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.
California Pharmacists facing a California Board of Pharmacy Administrative Law Hearing need effective representation from a California Pharmacist License Defense Lawyer.
California Pharmacist License and Criminal Convictions
The California Board of Pharmacy can discipline Pharmacists for criminal convictions. California Board of Pharmacy discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Pharmacist. Common criminal offenses that can cause Pharmacist License discipline are:
The California Board of Pharmacy and other law enforcement agencies also investigate criminal conduct by Pharmacists in the course and scope of their practice. Criminal investigations often involve Pharmacists engaged in Prescription Pill Fraud, Prescription Narcotics Sales and Theft. In serious criminal cases against Pharmacists pending in Criminal Court, the California Board of Pharmacy and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Pharmacist. A California Penal Code § 23 Order seeks to suspend a Pharmacist License in Criminal Court.
Pharmacists facing criminal charges and Pharmacists who are convicted of criminal offenses need an experienced California Pharmacist License Defense Attorney for representation in disciplinary proceedings before the California Board of Pharmacy.
California Pharmacist License Statement of Issues Attorney
The California Board of Pharmacy thoroughly investigates all applicants for Pharmacist Licenses. The California Board of Pharmacy may deny a California Pharmacist License to Pharmacist students and Pharmacists from other states and countries. Most California Pharmacist License denials occur due to criminal convictions, financial problems or misstatements on the Pharmacist License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Pharmacist License should contact a California Pharmacist License Denial Lawyer for representation in a California Board of Pharmacy Statement of Issues Hearing.
California Pharmacist Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Pharmacists who have received a Pharmacist License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Pharmacist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Pharmacy. A successful Pharmacist License Petition for Reinstatement requires representation by an experienced California Pharmacist License Defense Attorney.