It takes persistence, dedication, and many years of education and hard work to secure the necessary qualifications and certifications needed to secure a pharmacy technician or pharmacist practice license. If you were recently charged with an offense or are under investigation by the licensing board for an alleged violation or complaint, your income and career could be in jeopardy.

Nonetheless, every human can make a mistake, and your first error or misunderstanding with your client while on duty does not have to lead to license suspension, revocation, or any other disciplinary action. However, when you act fast and hire an attorney, you can prevent these penalties or secure the minimum or least harsh disciplinary action.

At Sacramento License Attorney, we can provide aggressive and effective legal representation to secure the best attainable outcome.

What the Board of Pharmacy (BOP) Is and Their Roles in the Medical Field

BOP is a government agency regulating about 29,000 pharmacists and pharmacy technicians nationwide. The board's primary goal is to protect the safety and health of patients and the general public. Generally speaking, the board protects the health of the public by:

  • Advocating for the best and most reliable pharmaceutical care

  • Supplying the most up-to-date information on pharmaceutical treatment

  • Promoting quality of life, wellness, and education

The board takes its goals very seriously and works tirelessly to achieve them by:

  • Ensuring all applicants who receive pharmacy, pharmacy technician, or pharmacist practice licenses are well-qualified and trained

  • Requiring licensed professionals to meet strict professional and ethical standards

  • Investigating complaints filed by patients, colleagues, or law enforcement authorities

  • Enforcing appropriate disciplinary actions, including license suspension to revocation.

How to Apply for a Pharmaceutical Technician or Pharmacist License

Once you complete your education and secure your pharmaceutical technician or pharmacist certifications, your next move should be to secure a practice license to offer your services legally. However, securing a practice license is not a direct process. The BOP will require you to sit for at least three (3) tests and pass them to qualify for a practice license to offer pharmaceutical services.

You must also be ready to prove that you have received relevant clinical training and internship. To become a registered pharmacist, you must undergo a 5-year course from an accredited medical college or university to secure a pharmacy degree certificate.

To begin offering pharmaceutical services as a pharmacist, you should apply for a practice license online through the BOP's website. You must also be ready to pay the required application fee. If the BOP receives your license application, it will review the document to see whether you are an excellent candidate to secure a pharmacist license.

It is worth noting that there is no assurance you will receive a practice license even though you have all the required academic qualifications to prove you are a trained pharmacist or pharmaceutical technician. While sometimes erroneous information on your application could affect your eligibility for a pharmacist license, other times, the board could unjustly deny you the license.

That is why it is critical to work with an attorney when applying for a pharmacist license. Your attorney will ensure your application is accurately prepared and that all required information is attached to increase your odds of qualifying for a practice license. If the board denies your first application for a practice license, your attorney can also help you file an appeal to revoke the BOP's decision.

Valuable Roles of Licensed Pharmacy Technicians and Pharmacists

Pharmacy technicians and pharmacists are unsung heroes in our communities. Your qualifications and services are vital to ensuring a patient receives the right medicine and advice he/she needs regarding the prescribed medication. Below is a brief overview of the valuable roles of both pharmacists and pharmacy technicians, respectively:

  1. A Pharmacist

Some of your responsibilities as a licensed pharmacist include the following:

Dispensing Prescriptions

Prescription dispensing is a job that requires just as much administrative labor as giving patients their medications. As a pharmacist, you are responsible for counting the number of tablets a patient needs, properly preparing bottle labels, and carefully handling patients' medications.

Communicating With Your Patients Prescribers

Sometimes, prescribers, especially clinicians and doctors, can write a wrong prescription by mistake. When that happens, a reliable and seasoned pharmacist will know and communicate with the prescriber to clarify whether the prescribed medication or dosage suits a patient's health issue.

Ensuring a Patient’s Safety

A patient's safety is one of the most critical duties of a pharmacist and any other medical practitioner. Pharmacists must understand the potential adverse effects of each prescribed medication on their patients' health. If a prescribed medication could cause allergic reactions in a patient, you should inform the patient to ensure these reactions are avoided or mitigated.

Counseling Patients

As a pharmacist, you also must inform your patient of the possible adverse interactions and reactions he/she can experience after taking the prescribed medication. You should also inform them on how and when to take their medication.

Administrative Tasks

As a pharmacist, it is also your work or responsibility to ensure that all patient records are current and all necessary supplies are stocked or restocked.

  1. A Pharmacy Technician

Below is a list of crucial roles of a pharmacy technician in the medical field:

  • Calling doctors or prescribers for a prescription or a refill

  • Managing the cash registers

  • Producing labels for packages

  • Resolving customer complaints

  • Putting labels and instructions on bottles and filling them with prescribed medication

  • Keeping records of medication in stock and out-of-stock

  • Addressing concerns about their patient's insurance coverage

An Overview of the BOP's Disciplinary Process

Generally speaking, the disciplinary process begins when a patient, insurance provider, healthcare entity, or co-worker files a complaint against you with the BOP. A criminal court clerk could also report any criminal charge or conviction against you to the board. Once the board receives a complaint against you, the following disciplinary steps will follow:

Investigation

The BOP must investigate the allegations you are up against to determine whether they are substantial. Once the investigation begins, you will receive a call or an email from the board's investigator to inform you of the allegations you are up against.

The board could ask you to confess or write a statement or response regarding the complaint, but you do not have to do so if you do not have an attorney for legal assistance. Regardless of how friendly the board investigator seems, you do not have to respond to his/her confusing questions during the investigation.

What you choose to disclose to these investigators can apply against you, reducing your chances of winning the case.

Consent Order

When the board investigators find significant evidence against you, they could try to negotiate a consent order with you as an alternative to filing a formal accusation. A consent order is an agreement between you and the board, where you admit the alleged wrongdoing or violation in exchange for the board-recommended sanctions.

Sometimes, if the evidence the board has against you is convincing, a consent order could be a wise idea, especially if it allows you to retain your pharmacy technician or pharmacist license. Your attorney will scrutinize the facts of your unique case to help you determine whether agreeing to a consent order is a wise idea to avoid the uncertainty of the administrative hearing's outcome.

Formal Accusation and Administrative Hearing

If a consent order is not an option or the offense is serious, the board could file a formal complaint against you. As a licensed pharmacist or pharmacy technician, you have a legal right to challenge these accusations through a hearing, which you must request within fifteen (15) days of receiving a call from the board's investigators about the complaints.

The hearing will occur before an ALJ (administrative law judge), who will determine whether disciplinary action is necessary after listening to the prosecutor’s arguments and your attorney's side of the story. Some of the defenses your attorney could apply to challenge the allegations you are up against during this hearing include the following:

  • You are a victim of false allegations

  • The evidence against you is insufficient

  • You compensated the patient

The most common outcome of this hearing is retaining your professional license but under strict probationary terms and conditions. However, in a worst-case scenario, the board could revoke your license, meaning you cannot continue offering your services. The BOP will dismiss your case if your attorney's defense argument works in your favor.

However, if sufficient evidence proves the allegations you are up against are true, the ALJ will decide the disciplinary action you should receive for your violation.

Factors That Could Influence the ALJ’s Decision at the Administrative Hearing

Winning the administrative hearing is not a guarantee and will depend on the facts of your unique case. Some of the facts the ALJ will consider include:

  • The seriousness of the allegations you are up against

  • Whether your conduct or behavior was due to gross negligence

  • Whether you have previously received a disciplinary action

  • The severity of the harm or injury caused by your offense or violation

  • Whether you obtained any financial gain from the violation

  • Whether the patient sustained an actual injury

  • Any criminal history relevant to qualifications as a pharmacy technician or pharmacist

Your attorney's mitigating arguments will also be critical in determining the disciplinary action you should receive for your violation. Examples of common mitigating arguments that could work in your favor to secure the minimum disciplinary action possible include the following:

  • Alcohol and drug screening test results showing you are drug-free

  • Written testimonies from your manager, colleagues, or employer attesting to your reliability and competency

  • A letter from a counselor or psychologist that confirms you completed a rehabilitation program and are rehabilitated

  • Physical or psychological examinations that show your competency

  • A written letter from a parole officer to show that you adhered to all your court-required probation terms

These mitigating arguments could convince the ALJ to impose a license probation or suspension for a certain period. The probation duration will depend on the facts of your unique case.

Examples of Allegations That Could Put Your Pharmacy Technician or Pharmacist License in Jeopardy

The severity of the disciplinary action you could receive at the end of the board's administrative hearing will depend on your unique violation and several other factors mentioned above. Listed below are examples of allegations or offenses that could put your pharmacy technician or pharmacist license at risk of the board's disciplinary actions:

  • Violating packaging requirements

  • Violation of patient record-keeping requirements

  • Drunk driving

  • Being under the influence of drugs while on duty

  • Rape

  • Lewd acts with a minor

  • Murder

  • Prescription forgery

  • Gross negligence or immorality

  • Possession of controlled drug substances

It is worth noting this list is not exhaustive. The board is responsible for examining your behavior or offense to determine whether it substantially relates to your duties or qualifications as a pharmacy technician or pharmacist.

How Your Attorney Can Help When Applying for Reinstatement of Your Pharmacy Technician or Pharmacist License

Even if the BOB has suspended or revoked your pharmacy technician or pharmacist license, your hard-earned career is not over yet. With the help of your attorney, you can apply for license reinstatement after a specific period. During the appeal process, you will rely on your attorney to do the following:

  • Help pay any applicable fee

  • Complete and file your practice license reinstatement petition

  • Provide details of the jobs you worked when your practice license was inactive

  • Help prove that you received rehabilitation and counseling

Generally speaking, a reliable and seasoned attorney can help streamline the appeal process and increase your odds of qualifying for license reinstatement.

Find a Sacramento License Defense Attorney Near Me

Hiring a competent attorney is the best solution if you suspect a patient could file a complaint against you or already have a pending disciplinary case with your licensing board. Our seasoned attorneys at Sacramento License Attorney have what it takes to assist you in securing a desirable outcome if your pharmacy technician or pharmacist license is at risk of suspension or revocation.

We invite you to call us at 279-242-4711 to schedule your first cost-free appointment with our profound license defense attorneys.