If you're a pharmacist in California, being arrested can create a lot of uncertainty, not just for its immediate consequences, but for how it might impact your professional future. You've dedicated years to building your career, and your pharmacy license is the foundation of that hard work. Now, with an arrest on your record, you may be left wondering if all of that is suddenly at risk. These concerns are valid, as the California State Board of Pharmacy holds pharmacists to exceptionally high standards of professional and ethical conduct.
The good news is that in California, you can't be penalized by the Board simply for having been arrested, especially if it doesn't result in criminal charges or a conviction. Nor are you legally obligated to report an arrest to the Board. However, if the Board receives word about an arrest (for example, in a complaint filed against you), it can still raise red flags about potential lapses in judgment or questionable behavior. These concerns can trigger an investigation by the Board, one that could lead to outcomes as severe as license suspension or even revocation if they deem the circumstances serious enough. This possibility adds another layer of stress to an already difficult situation--and while your criminal defense attorney may be excellent at defending you in court, they may or may not have the legal knowledge needed to protect your licensure, as well.
At the Lento Law Firm, we understand how much is at stake for you professionally, personally, and financially. Our Professional License Defense Team has extensive nationwide experience representing pharmacists and other licensed professionals navigating challenges like these. Whether you're contending with fallout from an arrest or dealing with the potential consequences of a conviction, we have a proven track record of helping our clients retain their licenses and protect their livelihoods. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.
California Laws and Regulations Concerning Pharmacist Arrests and Criminal Convictions
Pharmacists in California are subject to oversight by the California State Board of Pharmacy, as well as a variety of statutes and rules contained in sections of the California Business and Professions Code (BPC) and California Code of Regulations (which the Board has compiled into a convenient Pharmacy Law Book for reference). This framework ensures that pharmacists uphold high standards of professionalism and ethics, safeguarding patient health and public trust. Among the areas of oversight are criminal convictions and arrests, both of which are addressed by specific provisions in California law. Below is a closer look at how these legal considerations apply to pharmacists.
Criminal Convictions
To ensure fairness and prevent discriminatory practices, state law restricts the types of crimes that the State Board of Pharmacy can penalize. Under Business and Professions Code Section 4301, the Board may specifically take action against your license for the following types of criminal convictions:
- Drug- or Alcohol-Related Offenses: Criminal convictions involving controlled substances, prescription fraud, or driving under the influence (DUI) may raise concerns about a licensee's ability to perform their professional duties safely and ethically. The Board can issue discipline for any felony conviction in this area (or more than one misdemeanor offense).
- Crimes "Substantially Related to the Qualifications and Duties" of a Pharmacist: The Board considers any felony or misdemeanor that reflects on a pharmacist's integrity, responsibility, or professional competence. Convictions for theft, fraud, or similar crimes, for example, may trigger disciplinary review.
Some further limitations to mention: as of January 2020, if you're applying for a pharmacy license, the Board cannot deny you licensure based on a criminal conviction if:
- Your case was dismissed or expunged;
- You have a Certificate of Rehabilitation; or
- Your conviction is more than seven years old (with the exception of sex crimes, serious felonies, and certain financial crimes related to your profession).
Arrests
When it comes to arrests, the news for pharmacists is even better. Under BPC 480, the Board of Pharmacy cannot deny you licensure over any arrest that did not result in a criminal conviction, and they generally do not discipline current licensees over arrests, either. That being said, an arrest can still lead to scrutiny under other provisions of the Business and Professions Code, which deal with “unprofessional conduct.” Specifically, BPC 4301 gives the Board the authority to investigate and discipline behavior underlying arrests if deemed contrary to professional standards.
The following are examples of conduct that the Board may investigate under BPC 4301, even if no conviction occurs:
- Dishonesty or Fraud: Acts such as falsifying prescription records, insurance fraud, or altering pharmacy documents.
- Substance Abuse: Using or being impaired by drugs or alcohol in a way that affects patient safety or public welfare.
- Dangerous Conduct: Any action that endangers the public, including reckless behavior inside or outside the workplace.
- Misrepresentation: Signing or issuing false official documents, such as licensing applications or controlled substance reports.
- Other Acts of "Moral Turpitude," meaning actions that go against accepted standards of honesty, integrity, and morality.
Self-Reporting Requirements for California Pharmacists
California does not require pharmacists to self-report arrests to the State Board of Pharmacy, especially if the arrest does not result in a conviction. While the Board may still investigate an arrest if it learns about it through other means, if you get arrested, you cannot be penalized for not reporting it.
Similarly, even if the arrest results in a conviction, you are not specifically required to report it to the Board unless and until you apply for renewal of your license. Specific self-reporting requirements are as follows.
New Applications
Under new, more lenient laws, when initially applying for a pharmacy license in California, you are not required by law to disclose any criminal convictions on your application. However, any convictions you've had are likely to show up on your criminal background check and/or other databases the Board might consult when reviewing your application. While you won't be penalized for not self-disclosing, the Board typically reviews every conviction, even if it would not disqualify you from licensure.
To avoid potential delays, the Board recommends self-disclosure of any criminal convictions you've had, along with supporting documentation of rehabilitation or mitigating circumstances. Voluntarily providing this information allows you to address concerns proactively and may streamline the application process by showing accountability and transparency.
Renewals
While pharmacists are not obligated to self-report criminal convictions as they happen, disclosure is mandatory during the license renewal process. Any criminal convictions that occurred since your last renewal must be reported, including misdemeanors and felonies. This includes providing supporting documentation such as court records or evidence of rehabilitation. Failure to disclose this information accurately when renewing your license could lead to additional disciplinary action, including possible fines or investigations. You do not have to report pending criminal charges if you have not yet been convicted.
Remember, not all criminal convictions result in a license denial. With the exception of serious felonies and sex offenses, most convictions must typically be less than seven years old and directly related to the practice of pharmacy to pose a significant risk to your license.
Criminal Background Checks for Pharmacy Licenses
All new applicants for pharmacy licenses in California are required to submit a criminal background check, which includes providing fingerprints as part of the licensing process. For renewal applications, fingerprints must also be submitted if they are not already on file with the State Board of Pharmacy. When criminal records are identified, the Board reviews them thoroughly to determine if they meet the criteria for disqualifying convictions under California law. Convictions are assessed for their relevance to the qualifications, responsibilities, and ethical standards required of a pharmacist. Factors such as the age of the conviction, its connection to pharmacy practice, and evidence of rehabilitation are all considered during the review.
Does California Have an Alternative-to-Discipline Program for Pharmacists?
Yes. California provides an alternative-to-discipline program for pharmacists through the Pharmacist Recovery Program. This voluntary program is designed to support licensed pharmacists struggling with substance abuse or mental health challenges. It offers structured treatment plans, monitoring, and resources to help participants recover while maintaining their professional responsibilities.
Drug or alcohol-related convictions can jeopardize a pharmacist's licensure, as these offenses are considered serious violations under California law. However, by proactively enrolling in the Pharmacist Recovery Program, pharmacists can demonstrate a commitment to addressing the underlying issues contributing to the violation. If an addition played an underlying role in an arrest or conviction, enrolling in this program can deter the State Board of Pharmacy from pursuing disciplinary measures.
Potential Disciplinary Actions for California Pharmacists
If you are facing possible disciplinary action, whether from a criminal conviction or an arrest pointing to alleged unprofessional conduct, you'll still have opportunity to negotiate with the Board for leniency or dismissal of the complaint through an informal settlement--and if that fails, you'll have the chance to defend yourself in a formal hearing.
The Board evaluates each case individually, taking into account the severity of the offense, any history of prior incidents, and your behavior throughout the process. Based on their findings, the Board may impose a range of disciplinary measures, such as:
- Issuing a formal reprimand.
- Requiring payment of fines or other penalties.
- Placing you on probation with specific restrictions on your practice.
- Temporarily suspending your pharmacy license.
- Permanently revoking your license in the most serious cases.
Bear in mind that even minor penalties can become part of the public record, potentially harming your professional reputation and future career opportunities. The Lento Law Firm's Professional License Defense Team can greatly improve your chances for a favorable outcome in these proceedings.
Why a Criminal Defense Attorney Isn't Enough
Being arrested as a pharmacist in California often means navigating two distinct legal systems simultaneously. While criminal defense attorneys are skilled in handling court proceedings, they may lack the legal knowledge needed to defend your professional license in administrative hearings. Without proper representation in both areas, you risk not only a court conviction but also the loss of your career, even if the charges are dismissed or penalties are minimal.
The Board operates under its own legal parameters, using a “preponderance of the evidence” standard rather than the stricter “beyond a reasonable doubt” threshold of criminal courts. This lower standard increases the likelihood of disciplinary action, even without a conviction.
To protect your license and career, it's crucial to work with both a skilled criminal defense attorney to address criminal charges and a professional license defense attorney to minimize the risks to your license.
How the Lento Law Firm Can Help
The Lento Law Firm's Professional License Defense Team has extensive experience assisting pharmacists nationwide with licensure challenges stemming from arrests. Our team can:
- Advise you on self-reporting requirements to ensure compliance with California regulations.
- Represent you in all communications and proceedings with the California State Board of Pharmacy.
- Analyze the allegations against your license to assess potential outcomes.
- Advocate for case dismissal or reduced penalties during negotiations.
- Provide a strong defense during formal administrative hearings, if necessary.
If you're a California pharmacist facing the repercussions of an arrest, you don't have to navigate this alone. The Lento Law Firm is here to help you protect your license and career. Call us today at 888-535-3686 or use our online contact form to schedule a consultation.
