As a licensed pharmacist or pharmacy technician, you know what it takes to secure your practice license to help patients with different health issues. It takes several years of hard work and dedication to develop the skills and obtain the credentials necessary to secure a pharmacy technician, pharmacist, or pharmacy license.

Unfortunately, when allegations of professional misconduct, inappropriate behavior, and controlled substance abuse arise, your livelihood and future could be in jeopardy because the Board of Pharmacy could suspend or revoke your license.

Retaining the services of a seasoned and skilled attorney is critical to defending your rights and your license during the investigation and complex administrative hearings by the licensing board. Ensure you speak with an attorney as soon as you receive a notice of investigation from your licensing board about a complaint or accusation filed against you.

At Oakland License Attorney, we can help provide thorough legal representation through every stage of the process to secure dismissal of the case or a lighter disciplinary action.

Crucial Roles That Pharmacists and Pharmacy Technicians Play in the Healthcare Industry

Pharmacy technicians and pharmacists are unsung yet crucial community and healthcare industry members. The services and skills of these professionals are essential in ensuring that all patients, regardless of age, receive the right advice and medication in their doctor's prescription. Explained below are some of the critical roles of pharmacists and pharmacy technicians, respectively:

1. Pharmacists

Dispensing Prescriptions

Pharmacists' crucial roles in the healthcare industry include counting tablets accurately, preparing bottle labels, logging and documenting precisely, and handling patients' medications with care.

Communicating With their Patient's Medication Prescribers

It is not uncommon for doctors, physicians, and clinicians to write the wrong prescriptions for their patients without their knowledge. If there is a question or doubt about the prescription, it is your job as a pharmacist to confirm with the doctor whether the dosage or the prescribed medication suits the patient's health condition.

Ensuring the Patient's Safety

The safety of patients is indeed one of the crucial roles of a pharmacist or any healthcare provider. It is the responsibility of the pharmacist to keenly check their patients' medications whenever they want to refill prescriptions to ensure they receive the right medication for their health condition.

Counseling Patients

As a licensed pharmacist, you must ensure patients are well-informed of the potential adverse effects of the prescribed medications, especially when combined with other medications, beverages, food, or alcohol.

Managing Staff

The ultimate role of a licensed pharmacist is to ensure patients receive the right drug and dose for their medical condition. Hence, it is upon you as a pharmacist to mentor all pharmacy technicians and interns working under your practice license. Pharmacy owners are also responsible for enforcing all workplace policies and ensuring all the employees they hire are well-qualified and certified.

Other crucial roles that pharmacists play in the healthcare industry include (but are not limited to) the following:

  • Performing administrative tasks
  • Dealing with insurance companies on behalf of patients
  • Helping patients improve their general health

2. Pharmacy Technicians

Working so closely with patients and pharmacists, pharmacy technicians have very specific and crucial roles in the healthcare profession. While pharmacy technicians work under a pharmacist's license and take directions from him/her, they are crucial members of the larger team responsible for ensuring patients receive the best healthcare services. Here are some of the vital roles of pharmacy technicians:

  • Produce packages labels
  • Resolve customers complaints
  • Handle cash registers
  • Fill patients' bottles with prescribed medication
  • Call the doctor for a refill or prescription
  • Keep records of medications in stock
  • Resolve issues related to patients' insurance coverage

Disciplinary Guidelines Used by the Board of Pharmacy

The Board of Pharmacy (BOP) is the body responsible for regulating all licensed pharmacists and pharmacy technicians. That means it is upon the board to issue licensing examinations, pharmacy technicians, and pharmacist licenses and enforce pharmacy regulations and rules, all for the primary purpose of protecting the public's health and safety.

The BOP understands and takes seriously its mission of protecting public health. It can apply its powers to revoke or suspend your practice license if there is sufficient evidence to prove the allegations or complaints you are up against are true.

Therefore, anytime you are under investigation for any alleged violation or professional misconduct, you should retain the services of an attorney for thorough legal representation in your case.

Like any other professional licensing board, the BOP has a set of disciplinary guidelines that the ALJ (administrative law judge) must comply with when handling your administrative hearing, if necessary. These guidelines give the ALJ the leeway to adjust the potential disciplinary actions depending on the unique facts of your case.

Generally speaking, listed below are some of the factors the ALJ and the licensing board will consider when determining your appropriate and fair disciplinary action for your violation:

  • The seriousness and sophistication of the allegations you are up against
  • Whether or not you received any financial benefit from the violation
  • The degree of possible harm the patient could experience due to your violation
  • Whether or not the patient suffered harm due to your violation or professional misconduct
  • Whether you are a repeat offender
  • Whether you are facing allegations for single or multiple violations
  • Whether you demonstrated gross negligence, negligence, or recklessness in your violation
  • Whether you have a criminal record related to your duties and profession as a licensed pharmacy technician or pharmacist

Using the above guidelines, the ALJ will know whether to award a maximum, minimum, or intermediate disciplinary action for your violation. However, the mitigating arguments your attorney will apply on your behalf during the administrative hearing could positively affect the results of your case.

Below are examples of acceptable mitigating arguments your attorney could raise to secure the best possible outcome in your case:

  • You have a written official letter from your employer showing that you are a qualified and competent pharmacy technician or pharmacist.
  • You have a letter from a drug rehabilitation program administrator, counselor, or psychologist to prove you are rehabilitated and a law-abiding citizen.
  • You have physical and psychological exams to show you are mentally fit to perform your pharmaceutical duties.
  • You have written statements from the probation or parole officer showing that you abided by all the conditions of your probation.
  • Alcohol and drug screening test results are in your favor.

With the help of your attorney, these mitigating arguments can aid you in winning a lighter disciplinary action like license probation or a stay of revocation instead of losing your practice license. The probation conditions the board will require you to adhere to depend on your case's nature and facts. Standard probation conditions that apply in most cases include (but are not limited to) the following:

  • Stay crime-free
  • Report to the licensing board regularly
  • Give notice of the parole to any potential employer
  • Agree to regular drug or alcohol tests
  • Agree to regular interviews with a board-appointed probation officer

Common Accusations that Many Pharmacy Technicians and Pharmacists Face

Your pharmacist or pharmacy technician license could be at risk of suspension or revocation if you are under investigation for any of the following violations:

  • Abuse of alcohol and drugs
  • Dispensing improper or incorrect medications
  • Failure to maintain proper records and accounts
  • Selling prescription drugs and narcotics illegally
  • Participating or aiding in the commission of an insurance fraud
  • Issuing prescription medications to people without a doctor's prescription

If you receive a notice of investigation from the board about a complaint filed against you, you should hire an attorney as soon as possible. Your attorney will investigate your case and gather evidence to aid you in building legal defenses to challenge the allegations and charges you are up against for the best possible results.

It is worth noting the board will revoke your practice license immediately if you refuse or fail to file a defense notice or appear at the administrative proceeding to challenge the allegations you are up against. Also, according to vicarious liability legal doctrine, the licensing board can hold you, the pharmacy owner, accountable for your employees' reckless or negligent acts.

An Overview of Disciplinary Actions the Board Could Take Against Your Pharmacy Technician or Pharmacist License

If the ADJ finds you guilty of the allegations or charges you are up against, you should expect the following disciplinary action against your pharmacy technician or pharmacist license:

Public Reprimand

Although the licensing board will not take any additional action against you, a public reprimand will stay on the board's website. That means a potential client will know about your past wrongdoings, limiting your chances of securing business deals to earn income to care for your and your family's financial needs.

Fine and Citation

The board could order you to pay a hefty fine and issue you a citation to comply with specific terms and conditions. While this is the least harsh disciplinary action the licensing board can take against you if the allegations you are up against are true, it can affect your ability to retain or secure reliable employment.

Interim Suspension

Once the board receives a complaint against you, it will likely issue an interim suspension, preventing you from offering your services as the investigation continues. The interim suspension could significantly affect your livelihood since the investigation could take several weeks or months.

Fortunately, with the help of your attorney, you could overturn the board's interim suspension order to continue offering your services during the investigation.

Adoption of Stipulation

Your licensing board could ask you to take specific tests before lifting the license suspension order. For example, the board could require you to enroll in a drug rehabilitation program or take psychological tests before it lifts your license suspension.

Suspension

The BOP could require you to temporarily discontinue or pause your practice for a certain period, typically thirty (30) days for a pharmacist or pharmacy technician.

Revocation

No matter how long you have worked in this industry, the board could permanently ban you from offering your services as a pharmacist or pharmacy technician. The board could revoke your practice license, regardless of the severity of the accusations or complaints you are up against. You will rely on your attorney during the administrative hearing to help you avoid this severe punishment or secure a lighter disciplinary action.

Probation

If the board gives you probation, it will not suspend your practice license, meaning you will continue offering your services. However, you must be ready to comply with certain terms and conditions. How long you will be on probation will depend on the facts of your unique case.

Crimes that Could Attract a Disciplinary Action Against a Pharmacy Technician or Pharmacist License

Generally speaking, any criminal charge or conviction related to your duties and profession as a licensed pharmacy technician or pharmacist could attract the board’s disciplinary action. Examples of these offenses include (but are not limited to) the following:

  • Murder
  • Rape
  • Driving under the influence
  • Grand theft
  • Petty theft
  • Prescription forgery
  • Willingly or knowingly making false statements
  • Lewd conduct with a minor
  • Drug-related crimes

The board will keenly evaluate the facts and circumstances of your unique case to determine if it is substantially related to your duties as a pharmacy technician or pharmacist. If so, you should expect any of the above disciplinary actions upon conviction.

Even if the board decides to revoke or suspend your practice license, all hopes are not lost. With the help of your attorney, you can petition the board to reinstate it after a certain period. Since the board's primary mission is to protect the safety and health of the public, you will not qualify for license reinstatement if you still pose a danger to the safety and health of the public.

Evidence that you are now rehabilitated can help convince the board that you deserve a second chance to continue working as a pharmacy technician or pharmacist.

Find a Skilled Professional Licenses Defense Attorney Near Me

If a patient or any community member has filed a complaint against you, an aggressive attorney can help you secure a dismissal of the case or a less serious disciplinary action.

We invite you to call our reliable attorneys at Oakland License Attorney at 341-234-0408 if the board has served with a notice of investigation for thorough legal representation. We will not rest until we secure the best possible outcome in your case.