California Pharmacy Technician License Defense Attorney

California Board of Pharmacy License Defense Lawyer

The California Board of Pharmacy, known as the BOP, licenses approximately 73,000 Pharmacy Technicians in the State of California. Most California Pharmacy Technicians have minimal or no contact with the enforcement arm of the California Board of Pharmacy. For Pharmacy Technicians who become part of the California Board of Pharmacy’s disciplinary process, the consequences are profound. The Pharmacy Technician License disciplinary process is complex, procedural and time consuming. Pharmacy Technicians facing the California Board of Pharmacy disciplinary process should seek legal representation from an experienced California Pharmacy Technician 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 Pharmacy Technicians. 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 Pharmacy Technician facing a California Board of Pharmacy investigation, contact a California Pharmacy Technician License Defense Attorney for representation.

California Pharmacy Technician License Accusation Defense Attorney

A formal Accusation served on a California Pharmacy Technician serves as notice to a Pharmacy Technician that the Board intends to revoke the Pharmacy Technician License. The Pharmacy Technician, 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 Pharmacy Technician. A Default will result in the immediate Revocation of the Pharmacy Technician License.

An Accusation is a serious matter that can result in the suspension or revocation of a Pharmacy Technician License in California. In many cases, it is possible for Pharmacy Technicians 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).

Pharmacy Technicians facing a California Board of Pharmacy Accusation should contact an experienced California Pharmacy Technician License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Pharmacy Technicians include:

California Pharmacy Technician 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 Pharmacy Technician 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 Pharmacy Technician 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 Pharmacy Technicians facing a California Board of Pharmacy Administrative Law Hearing need effective representation from a California Pharmacy Technician License Defense Lawyer.

California Pharmacy Technician License and Criminal Convictions

The California Board of Pharmacy can discipline Pharmacy Technicians for criminal convictions. California Board of Pharmacy discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Pharmacy Technician. Common criminal offenses that can cause Pharmacy Technician License discipline are:

The California Board of Pharmacy and other law enforcement agencies also investigate criminal conduct by Pharmacy Technicians in the course and scope of their practice. Criminal investigations often involve Pharmacy Technicians engaged in Diverting Narcotics, Practicing Pharmacy Without a License, Prescription Pill Fraud, Prescription Narcotics Sales and Theft. In serious criminal cases against Pharmacy Technicians 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 Pharmacy Technician. A California Penal Code § 23 Order seeks to suspend a Pharmacy Technician License in Criminal Court.

Pharmacy Technicians facing criminal charges and Pharmacy Technicians who are convicted of criminal offenses need an experienced California Pharmacy Technician License Defense Attorney for representation in disciplinary proceedings before the California Board of Pharmacy.

California Pharmacy Technician License Statement of Issues Attorney

The California Board of Pharmacy thoroughly investigates all applicants for Pharmacy Technician Licenses. The California Board of Pharmacy may deny a California Pharmacy Technician License to Pharmacy Technician students and Pharmacy Technicians from other states and countries. Most California Pharmacy Technician License denials occur due to criminal convictions, financial problems or misstatements on the Pharmacy Technician 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 Pharmacy Technician License should contact a California Pharmacy Technician License Denial Lawyer for representation in a California Board of Pharmacy Statement of Issues Hearing.

California Pharmacy Technician Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Pharmacy Technicians who have received a Pharmacy Technician 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 Pharmacy Technician License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Pharmacy. A successful Pharmacy Technician License Petition for Reinstatement requires representation by an experienced California Pharmacy Technician License Defense Attorney.