Warning Regarding DUI Convictions

Driving under the influence (DUI) is a criminal offense. But a DUI conviction also can result in serious consequences for a license issued by the California State Board of Pharmacy

Under Business and Professions Code (BPC) section 4301, the Board shall take disciplinary action against any licensee who is guilty of “unprofessional conduct.” The provisions of BPC section 4301 define specific types of acts that constitute “unprofessional conduct,” including:

• Subsection (k): “The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any dangerous drug or alcohol, or any combination of those substances.”
• Subsection (l): “The conviction of a crime substantially related to the qualifications, functions, and duties of a licensee under this chapter.”

What does “substantially related” mean? California Code of Regulation, title 16, section 1770 states that for the purpose of a license denial, suspension, or revocation,
“(A) crime or act shall be considered substantially related to the qualifications, functions, or duties of a licensee or registrant if to a substantial degree it evidences present or potential unfitness of a licensee or registrant to perform the functions authorized by his license or registration in a manner consistent with the public health, safety, or welfare.”

In addition, BPC section 4311 authorizes license suspension for conviction of a felony.  BPC 4311(c) states a Board license shall be suspended “if the Board determines that the felony conviction ... is substantially related to the qualifications, functions, or duties of the licensee.”

Licensees should remember that criminal behaviors outside the workplace – including DUI – can result in denial, suspension, or revocation of a license issued by the Board of Pharmacy. Don’t drink or take dangerous drugs and drive.

8/5/2021