Pharmacist Diversion of Narcotics California Board of Pharmacy Defense Attorney
California Board of Pharmacy Pharmacist Diversion of Controlled Substances Defense Lawyer
The California Board of Pharmacy, known as the MBC, vigorously investigates and disciplines Pharmacists accused of Diversion of Narcotics. An allegation of Diverting Narcotics against Pharmacists in California can have profound consequences. Consequences can include Pharmacist License revocation by the California Board of Pharmacy and loss of hospital privileges. The following types of Narcotics are often diverted by Pharmacists:
Thus, even Diversion of Narcotics incidents that do not result in criminal prosecution are grounds for disciplinary action against the Pharmacist by the California Board of Pharmacy. California Pharmacists facing Narcotics Diversion allegations should contact an experienced California Board of Pharmacy License Defense Attorney for representation.
California Board of Pharmacy Diversion of Narcotics Conviction Investigation Defense Lawyer
The majority of California Board of Pharmacy Diversion of Narcotics Investigations occur after criminal conviction. However, California Board of Pharmacy Diversion of Narcotics Investigations also occur through consumer Complaints and peer Complaints. The California Board of Pharmacy utilizes non sworn civilian investigators to conduct investigations of criminal convictions against Pharmacists. 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 related to Diversion of Narcotics committed by Pharmacists. 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 issues faced by Pharmacists facing disciplinary action for Diversion of Narcotics. 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 or a Letter of Public Reprimand. 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.
When a California Board of Pharmacy Investigation occurs due to a criminal conviction, the California Board of Pharmacy assigns the matter to an Investigator. A California Board of Pharmacy Investigator will contact the Pharmacist to conduct either an in person interview, or obtain a written statement. The California Board of Pharmacy will also conduct a review of the police and Court records. Discipline may vary according to whether or not the following factors were present (not an all inclusive list):
- Alcohol Abuse
- CURES Violations
- Drug Abuse
- Excessive Treatments
- Forging Prescriptions
- Operation of a Pill Mill
- Overprescribing to Patients
- Past history of Diversion of Narcotics
- Patient Harm
- Substance Abuse
- Use of Fraudulent Prescriptions
- Working Under the Influence of Alcohol or Drugs/Narcotics
If you are a Pharmacist facing a California Board of Pharmacy Investigation for Diversion of Controlled Substances, contact a California Pharmacist License Defense Attorney for representation.
California Pharmacist License Diverting Narcotics Accusation Defense Attorney
A formal Accusation served on a California Pharmacist serves as notice to a Pharmacist that the California Board of Pharmacy intends to revoke the Pharmacist License. A Diversion of Narcotics conviction, misdemeanor or felony, against a Pharmacist almost always results in the filing of a disciplinary Accusation.
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).
Disciplinary Accusations involving Diversion of Controlled Substances against a Pharmacist can result in revocation of a Pharmacist License by the California Board of Pharmacy. Pharmacists facing a California Board of Pharmacy Accusation should contact an experienced California Pharmacist License Defense Attorney for representation.
California Pharmacist License Hearing For Diversion of Narcotics Conviction
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 Narcotics Diversion and California Board of Pharmacy Discipline
The California Board of Pharmacy can discipline Pharmacists for Diversion of Narcotics allegations that rises to the level of criminal activity, but violates an Administrative Law regulation. The California Board of Pharmacy disciplinary process is separate from the Criminal Law process. The California Board of Pharmacy can discipline Pharmacists for certain criminal convictions. California Board of Pharmacy Pharmacist discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Pharmacist. Diversion of Narcotics convictions and incidents are substantially related to the duties, functions and qualifications of a Pharmacist.
The California Board of Pharmacy and other law enforcement agencies often conduct criminal investigations against Pharmacists for the types of Diversion of Controlled Substances violations described above. 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.