Other Health Care Licenses  >  Pharmacy Board Defense

At Ray & Bishop, PLC, our experience license defense attorneys defend pharmacists and pharmacist technicians from accusations filed by the California State Board of Pharmacy, appeals the denial of pharmacy licenses, represents pharmacists and pharmacist technicians in Board of Pharmacy investigations, and guides pharmacists and pharmacist technicians through the disclosure of adverse events on pharmacy license renewals and applications.

California pharmacists and pharmacist technicians are licensed by the California State Board of Pharmacy, a branch of the Department of Consumer Affairs. The California State Board of Pharmacy is charged with protecting the health, safety and welfare of California residents and is therefore responsible for licensing, monitoring, regulating, and disciplining pharmacists and pharmacist technicians. The Pharmacy Board’s Enforcement Unit investigates various violations that are criminal or administrative in nature, which could lead to administrative prosecution if the violations are shown to be substantiated.

When there is alleged wrongdoing or misconduct on the part of a pharmacist or pharmacist technician, the Pharmacy Board may decide that it is in the best interest of the public to conduct an investigation into the licensee’s actions. The investigation is initiated and carried out by the Pharmacy Board’s Enforcement Unit, the section responsible for performing investigations of criminal and administrative violations. When the Pharmacy Board decided to investigate a pharmacist or pharmacist technician, it typically has a Pharmacy Board investigator contact the pharmacist or pharmacist technician to arrange an interview. If you are facing an investigation and your license is at stake, the experienced attorneys at Ray & Bishop, PLC can help you defend your license through careful preparation and counsel.
Once an investigation is concluded and it is established that unlawful activity occurred on the part of the pharmacist of pharmacist technician, the case is filed with the California Office of the Attorney General for administrative prosecution. The Attorney General, or A.G., will file and serve the accusation against the pharmacist or pharmacist technician. The license defense attorneys at Ray & Bishop, PLC defend pharmacy licenses against accusations filed by the A.G. If you receive a Statement to Respondent, an Accusation, a Notice of Defense and other documents, you have a license defense case which has to be defended at an administrative proceeding before the Office of Administrative Hearings. Our license defense attorneys have extensive experience defending pharmacy licenses at administrative hearings and also defending applicants who are applying for their pharmacist or pharmacist technician license but have been denied.

A pharmacist or pharmacist technician may face disciplinary action ranging from a reprimand, a citation and fine, or revocation of the license with loss of the right to practice or operate a pharmacy. Common accusations against pharmacists or pharmacist technicians include misconduct such as the failure of a pharmacist to counsel a patient on how to properly take a new prescription, or a non-pharmacist employee counseling patients regarding their prescription, for example. If you receive an accusation, you have just fifteen (15) days to file the notice of defense with the Attorney General. If the notice of defense is not filed on time, the Attorney General can ask the California State Board of Pharmacy to punish the license by default, which typically means revocation. Therefore, it is critical to file the notice of defense on time to avoid default and request a hearing at the Office of Administrative Hearings.
The defense of a pharmacy license or appeal of a denial of a pharmacy license does not always mean that the licensee or applicant must go to trial. A stipulated settlement may be achieved without ever having to step foot inside a courtroom. At Ray & Bishop, PLC, our well-qualified attorneys strive to settle your license defense case for the best possible outcome prior to any potential hearing. However, if the license case cannot reach a satisfactory outcome by settlement, we are prepared to employ our experience, knowledge and expertise to defend your pharmacy license.