While Hollywood and surfing might be the first things that come to mind when people talk about Southern California, locals know the city and region are much more than soundstages and beach bums. Few areas of the U.S. can claim to cover more industries, climates, and communities.
For pharmacists, this means a range of employment opportunities. Workplaces range from major research institutions and hospitals like the Huntington to family-owned pharmacies where most customers speak a language other than English.
Regardless of where they work, all pharmacists must follow the same ethical and professional codes of conduct. Given the trust the public places in the occupation, California holds pharmacists to high ethical and professional standards. When a pharmacist makes a mistake, it can mean permanently endangering someone's health and safety.
What these standards mean is that pharmacists accused of misconduct face stiff disciplinary action. The goal of these penalties is good: To protect the public and the profession from unsafe and unqualified individuals.
The disciplinary system has its problems and can put an excessive burden on pharmacists. Individuals caught in the process may face severe penalties that are inconsistent with their alleged misconduct. They may be facing false or exaggerated accusations. Trusting in the process and assuming investigators will uncover all relevant information can lead to a pharmacist facing serious penalties.
No one benefits from overly harsh disciplinary action or hounding innocent pharmacists. Accusations of misconduct can undermine a pharmacist's reputation and the years they've dedicated to building their career.
The Professional License Defense Team at the Lento Law Firm works with pharmacists in Los Angeles and throughout SoCal to protect their careers, their reputation, and their future. With our focus on assisting professionals accused of misconduct, we're uniquely situated to assist our clients.
You've worked hard to become a pharmacist. Don't let one accusation undo all of that work. Call us at 888-535-3686 or fill out our online form.
Getting Help in Los Angeles
The Professional License Defense Team at the Lento Law Firm has offices in Los Angeles. We know Southern California, and we combine our understanding of this region and its pros and cons with our knowledge of California law and the California State Board of Pharmacy.
Regardless of your employer, we can assist you with licensing issues. We can assist pharmacists who work for organizations such as:
- Nationwide chains such as CVS, Target, and Walmart
- Government agencies, such as Veterans Affairs and county departments
- Large hospitals and healthcare companies such as Cedars Sinai, Kaiser, UCI Medical Center, City of Hope, and Ventura County Medical Center
- Small pharmacies
Allegations of misconduct and other licensing issues are based on California laws and regulations. This means that any pharmacist may face accusations of misconduct.
California State Board of Pharmacy
The California Board of Pharmacy is based in Sacramento and regulates pharmacists within the state. The Board enforces the Lawbook for Pharmacists, which is a collection of policy and regulations.
Some of the board's responsibilities include licensing matters, disciplinary issues, and protecting public safety. Disciplinary actions include investigating complaints and taking disciplinary action when the Board establishes that a pharmacist has violated laws or regulations.
On the Board's website, anyone can look up the record for any licensed pharmacist in California as well as disciplinary action taken against pharmacists. In California, disciplinary action becomes public record. This is one reason why pharmacists should be proactive in challenging allegations.
Potential disciplinary action in California includes:
- Public reprimand
- Fines
- Probation
- Continuing education
- License suspension
- License revocation
Ranging from minor penalties to ending someone's career as a pharmacist, these actions shouldn't be taken lightly.
Factors that may enter into discipline decisions:
- How severe was the misconduct?
- Was anyone hurt? Could anyone have been hurt?
- In some cases, did the pharmacist try to do anything to mitigate the damage?
Does a pharmacist have a history of misconduct?
This isn't an exclusive list, and these aren't mandatory questions. They do, however, highlight what information can be relevant during the process.
Don't Assume
Too often, professionals accused of misconduct don't take the allegations seriously. They don't think they did anything wrong or think the mistake was so minor that it won't be worth pursuing. They assume that an investigation will uncover the truth.
Another similar misconception is that hiring an attorney is an admission of guilt. Hiring an attorney says nothing about someone's guilt or innocence. It's more about having an advocate who understands the rules, the process, and the system.
As a pharmacist, your skill set, among other things, is understanding how to safely dispense medication. A licensed defense attorney's focus is on the license defense process and how to protect their client's interests.
The consequences of a misconduct investigation can be serious. You're the one whose life and career will be affected by the outcome.
You don't put on a seatbelt because you're planning to get into an accident. You wear a seatbelt to prevent the worst-case scenario in case an accident does occur.
In a way, a license defense attorney provides a similar service. By helping pharmacists build a strong defense, they minimize the likelihood of the worst-case scenario.
A license defense attorney, such as the Professional License Defense Team at the Lento Law Firm, helps their clients ensure that the necessary evidence, witnesses, and other information are part of the investigation. They work with clients to avoid investigations that end with incomplete or inaccurate information. Remember that even the most well-meaning investigator can make a mistake.
Sitting back and doing nothing is like heading out to Morongo for the weekend and betting everything on a single roll of the dice. You might get lucky, but a better approach is to prepare and not trust your career and future to chance.
Common Allegations of Misconduct in the Southern California Area
Few regions in the country can lay claim to a larger array of places. In one day, someone can hit up the beach, the mountains, and the desert. You can hike among the trees of the Angeles National Forest or go surfing in Huntington Beach in the morning before having cocktails in the Arts District that night (if you're up for the drive).
The region's communities are similarly diverse. From the suburbs of Orange County to the farms of San Bernardino County, to say nothing of Los Angeles's endless urban sprawl, there's a reason Southern California can stand in for just about any place in the world in films.
The population is similarly diverse, mixing fifth-generation Californians with first-generation immigrants and aspiring actors with innovative tech entrepreneurs. For pharmacists, this means they work and serve a wide range of communities.
Whatever their place of employment, pharmacists are in a position of trust for the people they serve. The California State Board of Pharmacy underlines the importance of its job by providing public resources on avoiding medication errors and safely buying medication online. These types of mistakes can have serious and negative health consequences.
For pharmacists who serve communities where Spanish or another language is prevalent, one of the challenges can be ensuring customers still understand directions and warnings.
The California Board of Pharmacy lists the following as examples of common types of misconduct:
- When a pharmacist fails to inform a customer about how to take a new prescription or possible side effects.
- When a pharmacist fails to inform a customer about new instructions for a prescription.
- When a pharmacist allows a non-pharmacist to advise customers about their prescriptions.
- A pharmacist isn't present, and a non-pharmacist fills a prescription.
- A pharmacist doesn't maintain confidentiality about a prescription.
- A pharmacist appears to be under the influence of alcohol or drugs, or otherwise appears unable to safely perform their job.
- A pharmacy is dirty, unsanitary, or otherwise appears to violate health and safety codes.
This isn't an exhaustive list. Failure to keep proper records and criminal convictions may also result in misconduct. California also has a category about acts of moral turpitude. This is a catch-all category that covers any conduct that doesn't fall into a specific category but violates California rules or regulations.
California Disciplinary Process
In California, the disciplinary process follows these steps:
- Complaint
- Investigation
- Accusation
- Stipulated settlement
- Hearing
- Board determination
- Appeal
These are general guidelines, and each case is different. The Board may drop charges at any point. A pharmacist may agree that they did commit the misconduct in question.
Complaint
California allows anyone to file a complaint. The State Board of Pharmacy has an online complaint form. Anyone – a customer or a co-worker – can file a complaint when they believe or have evidence of a pharmacist making a mistake or otherwise falling short of their responsibilities.
Investigation
If an initial review finds there's sufficient basis for the complaint, the next step is an investigation. The purpose of an investigation is to gather a variety of relevant information.
Investigations often involve the following steps:
- Talking with the accused pharmacist
- Talking with any relevant witnesses or other individuals
- Subpoena relevant documents
An investigation shouldn't focus on finding evidence that proves alleged conduct. It should also include any evidence that disproves the alleged complaint.
Accusation
If an investigation finds sufficient evidence to indicate the alleged misconduct likely occurred, the next step is either a stipulated settlement or a formal hearing.
Stipulated Settlement
A stipulated settlement is similar to mediation. A pharmacist will admit to some wrongdoing, and the Board and the pharmacist, along with their attorney, will negotiate what disciplinary action the Board will take against the pharmacist.
A stipulated settlement gives pharmacists the advantage of having some control over the disciplinary action taken against them. The downside is that it usually requires an admission of wrongdoing and bars a pharmacist from appealing.
Hiring an attorney to protect your rights is important as disciplinary action may still be severe. When our clients choose a stipulated settlement, the Professional License Defense Team at the Lento Law Firm makes sure our clients understand the long-term implications of a settlement.
Formal Hearing
A formal hearing is similar to a courtroom trial and gives both sides the opportunity to present their case to a neutral third party. Both parties can choose to have legal representation at a hearing. In California, administrative law judges oversee these hearings.
Following the hearing, the judge will recommend what disciplinary action, if any, the Board should take against the pharmacist. The Board will then decide on how to proceed.
Office of Administrative Hearings
An administrative law judge oversees formal hearings. The Office of Administrative Hearings (OAH) handles these cases.
OAH is based in Sacramento and has regional offices. For the Los Angeles area, either OAH Los Angeles or OAH San Diego has jurisdiction.
OAH Los Angeles has three regions. Its southern region covers the following counties:
- Los Angeles
- Orange
- Ventura
OAH San Diego has two regions. Its southern region covers the following counties:
- Orange
- Riverside
- San Bernardino
Pharmacists in Orange County should confirm which OAH region they fall under, as this will determine whether they attend a hearing in Los Angeles or San Diego. Other regional OAH offices are in Sacramento and Oakland.
Appeal
A Board's decision isn't automatically the final word. Pharmacists can appeal a Board's decision via the California Superior Court. All appeals must be made before the given deadline and through the correct court.
Each of California's 58 counties has a superior court. Pharmacists should make sure they submit their appeal to the correct court.
Protect Your Career and Your Future
Pharmacists are key to protecting and supporting people's health and safety. Their job is important, and the California Board of Pharmacy sets high ethical and professional expectations.
The laws and regulations that govern pharmacists serve an important public purpose, but they aren't perfect. Moreover, navigating the disciplinary process can be overwhelming.
Pharmacists facing allegations of misconduct need to be proactive in defending their license and career. Doing nothing or just assuming everything will work out for the best could have significant and permanent negative impacts on your career.
If you're a pharmacist who lives or works in Southern California and you're facing allegations of misconduct, contact the Professional License Defense Team at the Lento Law Firm. We help pharmacists protect their careers and their reputations and give them the support and guidance to navigate this process. Call us at 888-535-3686 or fill out our online form.
