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Petition for Reinstatement, Early Termination of Probation, and Reduction of Penalty

Section 4309 of the Business and Professions Code (BPC) states that a person whose license has been revoked or suspended or who has been placed on probation may petition the Board of Pharmacy (Board) for reinstatement or modification of penalty, including modification or termination of probation, after not less than the following minimum periods have elapsed from the effective date of the decision ordering disciplinary action:

  1. At least three years for reinstatement of a revoked license.
  2. At least two years for early termination of probation of three years or more.
  3. At least one year for modification of a condition, or reinstatement of a license revoked for mental or physical illness, or termination of probation of less than three years.

Pursuant to BPC section 4309, subdivision (g):

  • No petition under section 4309 shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court‐imposed probation or parole.
  • No petition shall be considered while there is an accusation or petition to revoke probation pending against the person.
  • The Board may deny without a hearing or argument any petition filed pursuant to section 4309 within a period of two years from the effective date of the prior decision following a hearing under section 4309.

In addition, early termination of probation may not be considered unless the petitioner has been in compliance, at all times, with the terms and conditions of their probation.

If you meet the above requirements, you may petition the Board for reinstatement or modification of penalty by completing and submitting the petition form. Click the link below to apply.