The mandate of the California Board of Pharmacy is to monitor, license, discipline, and regulate pharmacists and pharmacy technicians. Whenever the board receives a complaint of your professional misconduct or a criminal nature as a pharmacy technician or a pharmacist, the board will act in the best interest of the public. The board will investigate the case and, if the allegations are substantiated, initiate disciplinary proceedings. Once you are aware of the allegations against you, you should contact the aggressive legal team at San Francisco License Lawyer. We can handle your communication with the board, advise you on the steps to take to protect your livelihood, and represent you before the administrative law judge.
The Crucial Roles of Pharmacists and Pharmacy Technicians
Pharmacists serve communities in different settings, ranging from corner pharmacies to hospital and medical clinic dispensaries. A pharmacist does more than just pick and sell prescribed drugs to clients. In healthcare facilities, they provide advice on the best medications for specific diseases or conditions and prepare intravenous sterile solutions. Pharmacists also offer patients advice on the proper use of medicines, using non-technical language to help everyone understand what they mean.
Pharmacy technicians work under the supervision of assistant pharmacists and are relied on in various capacities, including packaging and handling prescriptions. Other roles include interpreting medical terms, abbreviations, and symbols, and representing pharmacists when welcoming clients or patients.
No matter your role in the pharmaceutical sector, your work exposes you to the constant risk of a career-threatening allegation being filed against your professional license. While some complaints may be unfounded, while others involve unintentional errors, others involve an honest mistake.
The California Pharmacy Board regulates pharmacists to ensure they practice in a manner that protects the public. The board could impose discipline if it proves you have engaged in misconduct, such as
- Engaging in insurance fraud
- Issuing prescription medication to patients without a valid prescription
- Having a substance abuse addiction
- Selling narcotics or prescription medication legally
Typically, the disciplinary process includes the following:
- Complaint
- The board investigates the matter
- The board serves you with a formal accusation
- Administrative hearing
- Appeal process
Potential Disciplinary Action Against Your License
Here is the form of disciplinary actions the board may impose when you are found liable for professional misconduct
Issuing a Citation
The board can issue a citation for minor misconduct, which may include a fine. Many citations are not deemed disciplinary action but are a matter of public record. In some cases, paying the fine is not an admission of guilt.
Interim Suspension
In proceedings involving serious accusations, the board can impose a license suspension pending the ultimate determination of your fitness to keep practicing. The objective of an interim suspension is to safeguard consumers. After the suspension, the next step is a disciplinary hearing.
License Probation
Probation means you can continue practicing, but under certain restrictions or conditions for a specified period of time. If you violate the terms and conditions of your probation, it may result in additional disciplinary action against your license, including revocation.
Public Reprimand or Warning
A reprimand involves your licensing board issuing a formal warning to inform consumers who have engaged in misconduct.
License Revocation
A revocation means the board withdraws your professional license, and you can no longer practice in your field. A revocation is publicly accessible on the board’s website.
The good news is that you can petition the board to have your license reinstated. The petition’s success depends on meeting certain terms and presenting sufficient evidence to support a reinstatement petition.
Medical Billing Fraud Charged against a Pharmacist or Pharmacy Technician Involved In Billing Or Administrative Misconduct
Most pharmacists and pharmacy technicians work as employees, although some operate in independent or business entities. Even when these professionals are registered as corporations or limited liability companies (LLCs), they remain independent practitioners. As a result, most bill their patients or clients for the hours they spend providing services.
A leading risk for these types of licensed business proprietors is committing billing fraud, whether deliberately or unintentionally.
The fraud may be reported against the pharmacist or the pharmacy technician for billing a client for services not rendered and for using an incorrect billing code for services offered. In California, billing fraud is a criminal offense and can be detected through a simple background check; a single allegation is enough for the board to initiate an investigation of your license.
There is no statute of limitations for the licensing board to file disciplinary sanctions. One accusation of wrongdoing can lead to multiple investigations against your license.
Your insurance company, your board, or law enforcement can make the complaint. The accusation of wrongdoing should be reported to the board within thirty (30) days.
If you are facing a complaint of billing fraud, your lawyer will evaluate the evidence to submit to the board, how to present it, and the appropriate legal arguments to use during your interview with the board’s investigators.
Common Mistakes to Avoid after Receiving an Accusation from Your Licensing Board
Common mistakes to avoid include the following:
Ignoring the Accusation or Complaint
Even if you deem the allegations against you to be false or unfounded, you must adopt a serious approach in how you deal with the accusation. The board investigates all allegations against you, even those that seem baseless.
Do not ignore any accusation because you assume it lacks merit and that the board will eventually resolve the issue in your favor.
Your best move is to treat all allegations against your professional license seriously and promptly seek legal assistance to safeguard your interests.
Choosing to Handle Matters By Yourself
When an accusation of wrongdoing is made against your license and especially one you know to be false, your first thought is to defend your reputation and career. You may decide to call the licensing board to explain the facts of your case. Nevertheless, remember that the board works to protect consumers. If you attempt to explain the circumstances that resulted in the complaint by yourself, you might unintentionally make the situation worse. For instance, any admission you make to the licensing agency can be construed as misconduct, wrongdoing, or a breach of regulations governing your profession.
Hire a license defense lawyer to guide you through the disciplinary process. Your attorney will develop a detailed and robust response to the accusation and can work to have the allegation or complaint dismissed at the outset of the disciplinary proceedings, reducing its impact on your career and practice.
Self-Representation Before the Licensing Board
While you may be exceptionally excellent at your profession, your attorney is highly skilled at handling license defense cases. You might not have faced another disciplinary proceeding before, but your lawyer has experience litigating hundreds of similar proceedings. They understand the licensing board’s procedures, regulations, and the best legal strategies. The attorney’s knowledge of administrative law and the development of formidable defenses for professionals facing allegations of misconduct that may place their licenses and careers at risk.
Discussing the Accusation Against You with Others
When the board notifies you of an allegation against your license, you might be tempted to deliberate on the issue with co-workers, friends, loved ones, patients, or the party that made the accusation. You may also feel inclined to contact board members informally to explain your position.
Discussing the complaint with anyone other than your attorney can seriously jeopardize your case. Unlike other conversations between you and others, the attorney-client privilege safeguards every communication between you and your attorney. The board may subpoena your workmates, friends, loved ones, patients, and others to testify against you. For this reason, avoid having discussions about your case with other people other than your lawyer.
Misleading the Licensing Board
A mistake can occur at work even when you are a highly educated and well-trained professional. Nevertheless, attempting to lie to the board or lying to the board to hide an error you committed while discharging your duties can worsen your situation. Additionally, if the board learns of your lies, you may face more serious disciplinary action.
Therefore, avoid forging, altering, hiding, covering, or destroying evidence connected to your disciplinary proceedings. Documents, notes, records, or paperwork relevant to the accusations are considered as evidence by the board. If the licensing board asks you to submit proof and later finds out you destroyed it, you can face additional charges and disciplinary actions. Allow your lawyer to handle all evidentiary and discovery issues to avoid unwanted consequences.
Substance Abuse Accusations in Your Professional License Dispute
The healthcare sector presents unique difficulties for pharmacists and pharmacy technicians. Jobs in this field need years of specialized education and high standards for licensure. Additionally, you are expected to work irregular shifts and deal with traumatic cases. Most professionals also experience exhaustion and physical pain from working long hours on their feet or performing demanding tasks.
Unfortunately, some of these healthcare professionals resort to alcohol or substances to deal with these demands.
Substance abuse may take different forms. For certain professionals, they turn to alcohol. Even though legal, alcohol can still become addictive when used excessively. For some, the alcohol may result in driving under the influence charges.
Other professionals have an addiction to illegal drugs. Even in the Golden State, where marijuana is legal for medical and recreational use, among health care workers abusing tetrahydrocannabinol (THC) products is still an issue.
Other medical professionals might use controlled substances, including cocaine, heroin, or meth, if they develop an addiction to prescription pills.
No matter the form it takes, substance abuse can severely affect your life, family relationships, and your capacity to continue practicing. It can also pose a significant patient safety problem. Even if you do not use it during your shifts, it can still affect your work performance.
The licensing board should not dictate the type of activities you can engage in after work. However, if substance abuse occurs after your shifts, it can gradually affect your professional practice. Hence, attracting the board’s attention.
Even though you may try hard to hide it, after a night of drinking or drug use, you may still come to work slightly intoxicated or hungover. If you go to work the following day and you are not functioning optimally physically and mentally, it could show up as practice mistakes when serving patients.
Even if the substance you have been using is legal, the board may still investigate you and impose disciplinary measures if the alcohol, prescription medications, or marijuana are affecting your capacity to practice safely. The fact that the substance is legal does not mean the licensing board cannot punish you for violating professional standards.
If you appear intoxicated while at the job or return a positive result following random drug screening, it can result in an allegation of substance abuse being filed against you. A coworker or patient can make the complaint. The accusation can also come from the police following your arrest for alcohol or substances.
Defending Your Professional License Against Accusations of Substance Abuse
Once the board informs you of a complaint involving substance abuse, avoid talking to the investigators, making any statement, or signing documents until you consult your license defense attorney. Note that the board could use anything you disclose to the investigators against you during disciplinary proceedings and relevant criminal prosecution.
The line between substance use and an ongoing addiction is often a thin one. Your lawyer enlists experts to help you challenge the accusations of substance dependency. The process can include establishing a psychological assessment and chemical testing to prove there is no substance abuse.
Your attorney can help you prepare the appropriate mitigating proof and documentation to demonstrate your rehabilitation efforts. The lawyer can connect you with expert counseling to help you address issues associated with depression, anxiety, and post-traumatic stress disorder (PTSD).
Accusations of substance abuse, if substantiated, can lead to severe disciplinary actions. The precise outcome can depend on the allegations.
Find Competent Legal Representation Near Me
Mistakes occur, but they should not jeopardize your career, professional reputation, or finances. Whether your professional licensing issue stemmed from an allegation of professional misconduct or a criminal conviction, San Francisco License Lawyer can help protect your interests. Please call us at (415) 496-2811 to schedule your free case review and learn how we can help you.
