The most expensive city in the United States, San Francisco offers plenty of opportunities for pharmacists. All of these opportunities, however, can mean little for a pharmacist who is facing allegations of misconduct.
Public trust in the profession is crucial for pharmacists to do their jobs. Mistakes can cause serious health issues, up to and including death. It's understandable why California expects the highest standards and ethics from the profession.
The disciplinary system is imperfect. Protecting the public is important, but overly zealous enforcement can put an excessive burden on pharmacists and hurt the profession. These allegations can undermine a pharmacist's reputation and the years they've spent on education and building their career.
Allegations of misconduct can range from legitimate concerns to unfounded accusations and everything in between. Assuming that everything will work out for the best can end with a pharmacist facing serious disciplinary action.
No matter how minor you believe the accusations or how optimistic you are about the truth prevailing, the reality is any pharmacist facing allegations of misconduct needs to hire a professional license defense attorney. These attorneys focus on licensing issues and can help you navigate the process and make informed decisions.
The Professional License Defense Team at the Lento Law Firm works with pharmacists in the Bay Area and nationwide to protect their careers, their reputation, and their future. We assist our clients in understanding their options and making the process less intimidating.
You've worked hard to become a pharmacist. Don't let your years of effort slip away. Call us at 888-535-3686 or fill out our online form.
Getting Help in the Bay Area
The Professional License Defense Team at the Lento Law Firm has offices in San Francisco. We have offices nationwide, including in Los Angeles, but our team lives and works in the Bay Area. We know the region, and we combine that on-the-ground experience with our knowledge of California law and the California State Board of Pharmacy.
We work with pharmacists from an array of employers. We can assist those who work for nationwide chains such as CVS, Target, and Walmart. We can assist those who work for government agencies, such as Veterans Affairs, UCSF, and the San Francisco Department of Public Health. We can help those who work for healthcare companies such as Kaiser and BlueShield.
California State Board of Pharmacy
Based in Sacramento, the California Board of Pharmacy oversees pharmacists within the state. They are responsible for enforcing the Lawbook for Pharmacists, which is a collection of policies and regulations.
The Board of Pharmacy handles licensing matters, disciplinary issues, and protecting public safety. It also allows the public to look up every licensed pharmacist in California. The Board publishes disciplinary action taken against pharmacists.
That disciplinary action becomes public record is one reason why it's so important to be proactive in challenging allegations. The Board is responsible for investigating complaints. When it determines that a pharmacist did engage in misconduct, the Board is responsible for taking disciplinary action.
Disciplinary action can range from minor to major. Potential disciplinary action in California includes:
- Public reprimand
- Fines
- Probation
- Continuing education
- License suspension
- License revocation
What disciplinary action the Board takes can depend on a multitude of factors. The severity of the misconduct, if anyone was hurt (or could have been), and if a pharmacist has a history of misconduct are just a few of the considerations that affect discipline decisions.
The Best Offense is a Good Defense
Even over half a century later, the Bay Area is still known for its hippie, love-everyone persona of the 1960s and '70s. While that sort of open-hearted approach may be beneficial in day-to-day living, it's not a good strategy when contesting accusations of misconduct.
Too often, professionals, including pharmacists, assume that the allegations against them will go away or that they'll be dismissed. They assume that they know they're innocent, so, of course, everyone else will see that they're innocent.
That might be true, but if it isn't, the repercussions are serious and far-reaching. A doctor doesn't prescribe pre-operative antibiotics because they know a patient will get an infection. They prescribe it to prevent the possibility of an infection that could complicate recovery.
For sports fans, the best analogy might be Super Bowl 58. If the Niners' defense had held off one of the Chiefs' scoring drives, the game wouldn't have gone into overtime, and San Francisco would have brought home the Lombardi.
Defending against misconduct allegations is similar. You have a better chance of winning when you have a good defense.
Being proactive in the process means a pharmacist makes sure that their evidence, their witnesses, and their recollection of events are part of an investigation. It means not assuming that an investigator will uncover all relevant information.
Well-meaning investigators can make mistakes. An investigator may be consciously or unconsciously biased against a pharmacist.
There's no reason for a pharmacist to gamble with their license by sitting back and trusting that everything will work out. Building a defense helps increase the likelihood of a better outcome.
Common Allegations of Misconduct in the Bay Area
The Bay Area is an assortment of communities, from the apartments in Oakland and San Francisco to the suburban streets of San Mateo and Mountain View. One commonality is that all of these communities need pharmacists, and more than that, they need to trust their pharmacists.
There's a reason the California State Board of Pharmacy provides resources to the public on avoiding medication errors and safely buying medication online. These types of mistakes can have serious and negative health consequences.
Annoying as the licensing process can be, it's also understandable because it helps to protect the profession. The disciplinary process has a similar underlying reason: to protect not only the health and safety of the public but to maintain the profession's reputation.
Common types of misconduct allegations against pharmacists:
- Professional incompetence
- Inadequate record keeping
- Fraudulent practices
- Substance abuse
- Criminal convictions, even if unrelated to a pharmacist's job responsibilities
- Violations of HIPAA and patient privacy
- Improper Delegation, or allowing unqualified individuals to handle medication or otherwise endanger patient safety
- Acts of moral turpitude, a catch-all category for conduct that doesn't fall into one of the above categories but undercuts the profession. The Disciplinary Process for California Pharmacists
Allegations of conduct that endangers patient health and safety are often treated as the most serious, even if no injury occurs.
Be Proactive
Finding out that someone has leveled misconduct allegations against you can take a moment to process. It can be overwhelming, and it may seem easier to be passive and simply trust that the process will unfold in a positive way.
This wait-and-see approach may seem less stressful in the short term, but it can create stress in the long term. Hiring an attorney as soon as possible allows a pharmacist to take control of the situation. They can become an active, rather than passive, participant in defending their career.
The Professional License Defense Team at the Lento Law Firm works with pharmacists throughout the process. The earlier we're involved, the more time we have to assemble evidence and build a defense. It also may give us the time necessary to consider a wider range of strategies.
California Disciplinary Process
In California, the disciplinary process generally follows these steps:
- Complaint
- Investigation
- Accusation
- Stipulated settlement
- Hearing
- Board determination
- Appeal
A case may be dropped during the process. A pharmacist may decide to accept the findings against them.
Complaint
Anyone can file a complaint in California, and the State Board of Pharmacy has resources, including filing an online complaint, for the public. A complaint is essentially someone alleging that a pharmacist made a mistake or otherwise fell short of their responsibilities.
Investigation
The next step is an initial evidence. The goal of this step is for the Board to find if there's any relevance to the complaint and if they should proceed to a more formal investigation.
If the Board launches an investigation, likely actions include:
- Talking with the accused pharmacist
- Talking with any relevant witnesses or other people
- Subpoena relevant documents
By gathering this information, it allows an investigator to determine the accuracy of the initial complaint and, if misconduct did occur, begin to find evidence to prove it.
Accusation
When an investigation uncovers sufficient evidence to indicate a complaint is accurate, they will then consider one of two paths: a stipulated settlement or a formal hearing.
Stipulated Settlement
Here, the Board and the pharmacist, along with their attorney, negotiate an agreement. A pharmacist will admit to some wrongdoing, and the two sides will negotiate what disciplinary action will be taken against the pharmacist.
The advantage of a stipulated settlement is that it gives a pharmacist some control over what action is taken against them. The downside is it generally requires an admission of wrongdoing and doesn't allow for appeals. Disciplinary action can still be severe, which is one reason to hire an attorney.
Pharmacists shouldn't assume a stipulated settlement will automatically result in minor disciplinary action. The Professional License Defense Team at the Lento Law Firm works with our clients to make sure they understand the long-term implications of a settlement.
Formal Hearing
Similar to a courtroom trial, a formal hearing allows both sides to present their case to a neutral third party. Both parties can have legal representation at a hearing. In California, administrative law judges oversee these hearings.
After the hearing, the judge will make a recommendation to the Board about what, if any, disciplinary action should be taken against a pharmacist.
Office of Administrative Hearings
For cases that go to a formal hearing, an administrative law judge will oversee the proceedings. In California, the Office of Administrative Hearings (OAH) handles these cases.
OAH is based in Sacramento with regional offices. For the Bay Area, OAH Oakland has jurisdiction. The region has two subregions, upper mid-coastal and lower mid-coastal.
The upper mid-coastal region covers the following counties:
- Alameda
- Contra Costa
- Lake
- Marin
- Mendocino
- Napa
- San Francisco
- San Mateo
- Solano
- Sonoma
The lower mid-coastal region covers four counties:
- Monterey
- Santa Clara
- San Benito
- Santa Cruz
Other regional OAH offices are Sacramento, Los Angeles, and San Diego.
Board Decision
This step occurs only after formal hearings. After a hearing, and based on information including the judge's recommendation, the board will decide what disciplinary actions to take against a pharmacist.
Appeal
When a pharmacist disagrees with the Board's decision, they may be able to appeal it. Appeals are made to the California Superior Court and must be made before the given deadline.
Each of California's 58 counties has a superior court. Pharmacists should make sure they submit their appeals to the correct court.
Protect Your Career and Your Future
Pharmacists play an important role in the health and safety of the population. Their work can help people recover from illness, navigate mental problems, and generally improve a person's health.
This isn't a small responsibility, which is why California sets high standards for pharmacists. Protecting the public is important, but these high standards can put a significant burden on pharmacists.
For those facing accusations of misconduct, knowing how to proceed may seem overwhelming. It may seem easier to just accept the accusations or assume that they don't need to do anything, that, of course, an investigation would prove their innocence.
An investigation is only as good as the information it uncovers. This is why it's so important for a pharmacist accused of misconduct to build a defense and help ensure their recollections and information are part of the investigation. By hiring an attorney as soon as possible after learning of the allegations, a pharmacist and their legal team will have more time to collect evidence and build a defense.
If you're a pharmacist who lives or works in the Bay Area and you're facing allegations of misconduct, contact the Professional License Defense Team at the Lento Law Firm. We help pharmacists handle a wide range of misconduct issues, and our goal is to protect our clients' careers. Call us at 888-535-3686 or fill out our online form.
