California State Board of Pharmacy
Pharmacist License Defense
Each year, the California State Board of Pharmacy receives thousands of complaints from consumers, insurance companies, healthcare providers, and other interested parties.
If you’re a pharmacist facing a board investigation or disciplinary proceeding, our attorneys have the experience and resources to provide expert representation.
Complaints and investigations
The board may impose discipline on a licensee for errors in filling prescriptions or suspected misconduct. Common examples of misconduct include:
- Failing to counsel a patient about how to take a prescription and its possible side effects.
- Allowing a non-pharmacist employee to counsel a patient regarding a prescription.
- Not being present when a non-pharmacist fills a patient’s prescription.
- Failing to maintain the confidentiality of a patient’s prescription.
- Not functioning safely due to alcohol or drug abuse.
- Maintaining a dirty, cluttered, or unsanitary pharmacy.
Examples of prescription errors include:
- Issuing a prescription container with incorrect information on the container’s label.
- Dispensing the wrong drug or wrong dosage when filling a prescription.
- Refilling a prescription without proper authorization from the prescribing physician.
- Substituting a generic drug for a brand name drug without informing the patient of the substitution.
- Filling a prescription with expired drugs.
If the board’s investigatory process substantiates a claim, the board may initiate disciplinary action against a licensee. Possible disciplinary actions include a reprimand, citation and fine, suspension with or without a period of probation, and license revocation. Disciplinary actions are also public record—the California State Board of Pharmacy posts disciplinary actions on the board’s website along with the names of licensees, license numbers, and other identifying information.
How we can help
Our attorneys will work with you to respond effectively to the board. Oftentimes, we can assist pharmacists in clarifying the facts so that the board closes the investigation without filing an accusation or, in the case of an applicant, a statement of issues, which initiates a formal hearing process under the California Administrative Procedures Act. We help you ensure the board has all relevant information to minimize any disciplinary actions. In many cases, we can assist in negotiating an agreed resolution with the board’s counsel without a hearing, avoiding the risk, time and expense associated with a contested hearing. When required, we can aggressively defend you at a contested hearing.
Whether you have been wrongfully accused of misconduct by a patient or former employee or made an uncharacteristic mistake, our attorneys offer the experience, expertise, and resources to aggressively defend you before the board. We will listen, offer advice, and develop a plan to obtain the best result possible.
Department of Consumer Affairs 2017 Annual Report
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Suspension Orders in Pending Criminal Cases