Can You Be a Pharmacy Tech With a Misdemeanor

Updated November 18, 2021

The California Lath of Chemist's can discipline licensed pharmacists and pharmacy technicians if they get convicted of sure criminal offenses. These convictions include either misdemeanor or felony convictions that are "substantially related" to pharmaceuticals (examples include convictions for crimes involving fraud, theft, or violence). Disciplinary action can include license suspension or revocation.

The Board may too withhold chemist licenses from aspiring pharmacists and techs if:

• they were convicted of a law-breaking inside seven years of the appointment of their license awarding, and
• the criminal offence was substantially related to pharmaceuticals.

Further, the Pharmacy Board may bar applicants from getting a pharmaceutical license if the applicants received a conviction, at whatever fourth dimension, for either of the following:

• a serious law-breaking (such as murder, rape, or yard theft), or
• a sex offense that requires Tier II or Tier Three sex offender registration.

Note that convicted pharmacists and pharmacy technicians can try to challenge proposed disciplinary activeness.

For example, they tin effort to settle a case with the Lath to minimize whatever subject field is imposed.

Professionals likewise have the right to challenge a case at an administrative hearing, which is held before an administrative constabulary judge. The hearing is like to a criminal trial.

The judge will typically recommend discipline if the Board can show, by clear and convincing show, that disciple is warranted.

The Board can either approve this recommendation, modify it, or reject information technology.

Our California criminal defence force attorneys will highlight the following in this article:

• one. Who regulates pharmacists in California?
• two. What types of criminal convictions trigger Board discipline?
• 3. What does "substantially related" mean?
• 4. Does evidence of rehabilitation help?
• 5. Can a convicted California pharmacist fight a disciplinary action?
• vi. Can I go a chemist if I have a criminal history?

The California Board of Pharmacy can discipline licensed pharmacists and pharmacy technicians if they go bedevilled of sure criminal offenses, such as those that are "substantially related" to pharmaceutical.

i. Who regulates pharmacists in California?

The Board of Pharmacy, a governmental agency inside the California Department of Consumer Affairs, regulates pharmacists, chemist's shop technicians, and chemist's interns.

The Board enforces California chemist's shop laws and implements regulations in accordance with its mission of protecting public health and public safety.^one

As part of its responsibility, the Board can discipline licensees for unprofessional conduct. "Unprofessional deport" includes convictions for certain crimes.

In reaction to a conviction, the Pharmacy Board tin can:

• place the professional on probation, or
• suspend or revoke his/her professional license.ⁱⁱ

2. What types of criminal convictions trigger Board subject?

Criminal convictions that are "substantially related" to the qualifications, functions, or duties of a chemist, chemist's technician, or chemist's intern tin can trigger Lath subject field.³

The Board of Chemist's shop can as well deny a license awarding on the basis of a similar conviction.⁴

The term "conviction" includes:

• felony and misdemeanor convictions secured through either guilty pleas and verdicts or "no contest" pleas, and
• convictions that may later on be expunged nether California Penal Code Section 1203.4.⁵

Note that the Lath can even accept disciplinary action if a pharmacist successfully completes a court-ordered diversion programme following a conviction.

More often than not speaking, the Lath can act with respect to a conviction when:

• the fourth dimension for entreatment has passed,
• the judgment has been affirmed on appeal, or
• an society granting probation is made.⁶

The Board can accept expedited action when the licensee is incarcerated for a felony.^seven

When pharmacists renew their licenses, they must to report whatever criminal convictions that occurred in the U.Due south. The only exception is for the conviction of an infraction that did not involve:

• alcohol,
• dangerous drugs, or
• controlled substances.^eight

A failure to written report a conviction is considered knowingly making a false statement, which on its ain, could issue in license intermission or revocation.^nine

3. What does "substantially related" mean?

A "substantially related" conviction is 1 that brings into question the convicted political party's power to adhere to and uphold the duties, qualifications, and functions of a pharmacist, chemist's shop tech, or pharmacy intern.

Note that the Board evaluates every confidence on a case-past-case basis. This means information technology tin label about any confidence as "substantially related," depending on the circumstances surrounding the conviction.^x

With that said, examples of convictions that are "substantially related" to pharmaceuticals include convictions involving:

• fraud,
• theft (in violation of Penal Code 484),
• violence,
• prescription drugs, and
• booze corruption (including instances of DUI).¹¹

The California Board of Pharmacy is required to consider whether the licensee has been rehabilitated from his or her criminal activeness.

4. Does testify of rehabilitation assistance?

Yep. In determining whether and how to discipline a licensed pharmacist or pharmacy tech, the Lath is required to consider whether the licensee has been rehabilitated from his or her criminal activeness.¹²

"Testify of rehabilitation" includes, just is not limited to, the following:

• evidence of remorse or restitution,
• testify of participation in counseling and/or group therapy,
• testify of volunteer piece of work and customs engagement,
• letters of reference from employers and/or probation officials, and
• the length of time since the conviction that involves a make clean record.^thirteen

Note that Board proceedings are not designed to "punish" a licensee like criminal proceedings. Rather, they are designed to help the Board assess whether a licensee poses a danger to the public.

This is where rehabilitative evidence comes into play. It helps the Pharmacy Board make up one's mind whether a pharmacist continues to nowadays a danger to the public, mail service-conviction.

v. Can a convicted California chemist fight a disciplinary activity?

Yeah. A pharmacist tin fight a disciplinary action via a settlement or an authoritative hearing.

If a pharmacist receives an "Accusation" from the Board, the document notifies the professional that the Board seeks to discipline the party by suspending or revoking his/her license.

At this indicate, the pharmacist or pharmacy technician (or his/her lawyer) tin can attempt to negotiate a settlement with the Board to limit the extent of discipline.

If the parties cannot settle the thing, the chemist has the right to announced at an administrative hearing before the Board can impose any type of subject area.

Administrative hearings are conducted before an authoritative constabulary guess (ALJ) and are held at the Function of Administrative Hearings (OAH).

The Pharmacy Board is represented by a lawyer from the California Attorney General's Function. The convicted pharmacist has the right to be represented by a criminal defense lawyer, at his/her own expense.

The hearing is like a California criminal or civil jury trial. Both sides can present show to support their corresponding cases.

The ALJ typically recommends that some form of discipline exist imposed provided that the Lath can show, by articulate and disarming show, that discipline is warranted under the circumstances.

One time the judge makes his/her recommendation, the Board can either approve it, change it, or turn down it.

Annotation that pharmacists have the correct to appeal the Lath's conclusion by filing a writ with the Superior Courtroom.

If the Board decides to suspend or revoke a professional's license, the pharmacist tin try to petition the Lath for the reinstatement of the subject license.¹⁴

vi. Can I become a pharmacist if I have a criminal history?

Information technology depends on the date of the conviction and the crime for which the conviction is for.

The general rule is that the Board of Pharmacy may not disqualify applicants if they have no criminal convictions within the past vii years of their license application.

Farther, if an applicant does have a criminal conviction within the prior seven years, the Lath may disqualify them only if the case was substantially related to the qualifications, functions, or duties of existence a pharmacist. (The term "essentially related" carries the same definition every bit described in Section 3 above).

There are exceptions to the in a higher place rules though. Mainly, the Board may deny pharmacy licenses to those who have been convicted of whatever of the post-obit offenses at any time:

• a crime for which the applicant has to register as a Tier 2 or Tier Iii sex offender, or
• a serious felony, as defined in Section 1192.7 of the Penal Lawmaking.

Examples of a "serious felony" under PC 1192.7 include:

• murder,
• rape,
• kidnapping,
• mayhem,
• forced sodomy, and
• attack with a deadly weapon.¹⁵

The Pharmacy Lath does permit rejected applicants to appeal if their denial was based on having a criminal history.

For boosted assist…

Contact our law firm for a free consultation

If you are a pharmacist or chemist's shop tech, and are nether investigation by the Chemist's shop Board, we invite you to contact our criminal defence force business firm at the Shouse Law Group. Our attorneys provide both free consultations and legal communication you can trust.

Our lawyers also represent clients throughout the State of California, including those in Los Angeles, Orange County, Beverly Hills, Corona, Los Angeles Canton, Sacramento, Riverside, San Diego, San Francisco, and Southern California.

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Source: https://www.shouselaw.com/ca/defense/professional-licenses/pharmacists/

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