California Court of Appeal

In a petition for writ of administrative mandate seeking to reverse a decision by the California State Board of Pharmacy subjecting his pharmacist's license to discipline following the discovery of an employee's widespread theft of a dangerous drug from the pharmacy petitioner supervised as the pharmacist-in-charge, the denial of petition is affirmed where: 1) the Board properly interpreted Code of Civil Procedure section 4081 to hold petitioner strictly liable for violations leading to licensing discipline; and 2) extensive and prolonged theft was itself substantial evidence that petitioner failed to properly oversee the operations of the pharmacy and the Board could have concluded that theft would have been averted if he supervised and randomly audited drug deliveries, conducted checks of his staff's work, and actively participated in the inventory and delivery process.

Appellate Information

• Decided 08/26/2015
• Published 08/26/2015

Judges

• FLIER

Court

• California Court of Appeal

Counsel