Hoang v. Cal. State Board of Pharmacy
Annotate this CaseIn November 2007, the California Board of Pharmacy filed an "Accusation," seeking to discipline plaintiff Tue Ngoc Hoang and his pharmacy, Orange Pharmacy. The Accusation contained five counts; four related to alleged unlawful and improperly documented drug transfers with another pharmacy. A fifth count alleged plaintiff had engaged in dishonest, fraudulent or deceitful conduct. The Accusation alleged that during 2005 and 2006, Orange was not authorized to receive payments from CalOptima (an entity administering Medi-Cal benefits in Orange County),and for filling qualified patients' drug prescriptions. Orange nonetheless unlawfully received nearly $150,000 in CalOptima payments through a covert arrangement with another pharmacy named Pacific Pharmacy. Plaintiff appealed a judgment denying his petition for a writ of mandate. The petition sought to overturn a decision by defendant California State Board of Pharmacy revoking plaintiff's pharmacy license and Orange's permit to operate a pharmacy. Plaintiff argues defendant's decision was unduly harsh, not supported by the findings, and denied him due process. The Court of Appeal disagreed and affirmed the judgment.
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