Call us: 949.497.1729
logo

PHARMACISTS AND DUI

 

The California Board of Pharmacy regulates and disciplines pharmacists who are convicted of DUI and related offenses under the umbrella of the Department of Consumer Affairs.  Discipline of pharmacists is governed under the California Business and Professions Code Sections 4300 et. seq. 

 

Pursuant to § 4301. The board shall take action against any holder of a license who is guilty of unprofessional conduct . . . . Unprofessional conduct shall include, but is not limited to, any of the following:

(f) The commission of any act involving moral turpitude, dishonesty, fraud, deceit, or corruption, whether the act is committed in the course of relations as a licensee or otherwise, and whether the act is a felony or misdemeanor or not.

(h) The administering to oneself, of any controlled substance, or the use of any dangerous drug or of alcoholic beverages to the extent or in a manner as to be dangerous or injurious to oneself, to a person holding a license under this chapter, or to any other person or to the public, or to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by the license.

(k) The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any dangerous drug or alcoholic beverage, or any combination of those substances.

(l) The conviction of a crime substantially related to the qualifications, functions, and duties of a licensee under this chapter.

 

The Board may inquire into the circumstances surrounding the commission of the crime, in order to fix the degree of discipline or, in the case of a conviction not involving controlled substances or dangerous drugs, to determine if the conviction is of an offense substantially related to the qualifications, functions, and duties of a licensee under this chapter.

 

A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this provision. The board may take action when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

 

In order for the conviction to trigger discipline, it must be substantially related to the qualifications, functions or duties of the pharmacist pursuant to Bus. & Prof. Code §4301(l).  The question of what is substantially related has become a major issues with all professional discipline including  Pharmacists since the decision in Sulla v. Board of Nursing (2012) 105 Cal.App.4th 1195 and will be decided on a case by case basis.  A Pharmacist convicted of driving while under the influence of drugs or the combined influence of drugs and alcohol will certainly be looking at a substantial investigation by the Board.  Multiple offenders and Pharmacists with a history of substance abuse are also candidates for greater disciplinary investigation than a 1st time offender with no aggravating circumstances.

 

The DUI Lawyers of the Law Office of Barry T. Simons have the experience, knowledge and expertise to negotiate the road that lies ahead for pharmacists charged with driving under the influence. If you are a pharmacist facing a charge for driving under the influence (DUI), and have concerns about the effects of a conviction for DUI on your Pharmacist’s License, then look no further than the Law Office of Barry T. Simons to represent you. Call today for a free, no-cost, DUI consultation and case evaluation.

 

DUI? We'll get you through it

 

Call 949-497-1729 For a Confidential Consultation

 

Board Certified In DUI Defense NCDD (1 of 6 In California)

Specialist Member/Board of Directors CDLA

Selected Only OC DUI Super Lawyer 2014-2017

OC Metro Top DUI Attorney

Rated Preeminent By Bar Register

AVVO 10 Top DUI Lawyer

Selected Only OC DUI Super Lawyer 2014-2017

Rated Preeminent By Bar Register

OC Metro Top DUI Attorney

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.