Pharmacists have the power to heal but also the power to harm. As a pharmacist in Alabama, you likely understand the fine line you must toe and have probably taken painstaking measures to ensure your patients' well-being. Even so, there are complex rules and regulations that even well-intended pharmacists can unwittingly violate—or be unjustly accused of violating.
Pharmacists undergo rigorous education, extensive testing, and years of hard work to achieve licensure. Furthermore, their careers may be their sole source of income. These are all reasons to fight with everything you have against pending sanctions, and an attorney from the Lento Law Firm Professional License Defense Team wants to lead the fight.
Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online. License defense issues can't wait, so don't wait to speak with our team.
The Alabama Board of Pharmacy Has the Legal Authority to Sanction You
AL Admin Code 540-X-26-.10 is among the statutes granting the Alabama Board of Pharmacy and the Alabama Board of Medical Examiners authority to sanction those it deems violating its rules.
Specifically, this statute states that “The Board of Medical Examiners and/or Board of Pharmacy on its own motion may investigate any evidence which appears to show that its respective licensees may be guilty of a violation of any of the acts, offenses, or conditions set out in this Chapter.”
The statute specifically cites these Boards' power to:
- Terminate, restrict, or modify agreements related to a pharmacist's practice
- Impose disciplinary measures against a pharmacist's license
- Fine the pharmacist
- Take certain other punitive actions it deems appropriate
The Alabama Board of Pharmacy does not just have the power to sanction your license. This Board also has a proven track record of sanctioning pharmacists in significant, occasionally ruinous ways.
If you scour the list of recent actions taken by the Board, you will find pharmacists who have been:
- Placed on probation
- Had their license suspended
- Permanently lost their ability to register
- Suffered substantial fines
- Suffered various other sanctions that will undoubtedly cause reputational damage, financial harm, and immense distress
The Board serves a critical role in ensuring pharmacists in Alabama practice safely and honestly. However, the Board is not perfect, and you should not assume that it will render a just decision in your case.
Potential Errors That May Lead to Unjust Sanctions Against Your License
As attorneys who focus on defending professionals' licenses, we know well that licensing boards do not always make the proper decision. We strive to protect our clients from missteps that lead to unjust disciplinary outcomes, which can include:
- Failure to gather exculpatory evidence
- Viewing the pharmacist's actions in the least gracious light (perhaps disregarding legitimate defenses in the process)
- Reaching an incorrect conclusion based on evidence and witness testimony
- Succumbing to bias during the disciplinary process
- Issuing decisions that are too severe based on alleged defenses
- Failing to honor the pharmacist's right to due process
Having an attorney from the Lento Law Firm Professional License Defense Team will ensure you receive the due process to which you are legally entitled. If we need to appeal any improper ruling affecting your license, we will.
Consider Carefully the Full Weight of License-Related Sanctions
You are a pharmacist, meaning you are intelligent and understand the potential gravity of license-related sanctions. However, we know that professionals do not always understand the domino effect that professional discipline can cause, so we must explain that sanctions can lead to:
- Substantial financial losses: You may suddenly lose your ability to earn an income. Depending on the severity of the discipline you face, you could be without your only source of income for several years (or even decades).
- The total loss of one's career (and the fulfillment it affords them): Those who lose their license due to sanctions may lose the career they are passionate about. This is a big deal.
- Significant personal difficulties: The stress of financial hardship and the loss of one's career can cause marital problems and other personal difficulties.
- Psychological and emotional problems: The emotional and psychological effects of professional disruptions can be devastating. Conversely, the weight taken off your shoulders by avoiding significant discipline can be massive.
You have chosen pharmacy intentionally and for good reason. If you suffer even minor discipline, you may lose the ability to practice your chosen career temporarily or permanently. Even if you can practice in the future, your professional prospects may diminish substantially because of discipline against your license.
Weigh these substantial consequences as you determine whether to hire an attorney.
Grounds the Alabama Board of Pharmacy May Use to Sanction Your License
Alabama's Code of Professional Conduct related to pharmacists lists potential grounds for disciplinary sanctions, which include:
- Dispensing or knowingly condoning the dispensing of poor-quality drugs or medical devices
- Dispensing medication or medical devices that endanger the patient
- Breaking the law
- Failing to uphold the dignity and honor of the pharmacy profession
- Violating patients' right to confidentiality
- Failing to maintain proper records and handle those records appropriately
- Practicing pharmacy when one's judgment or abilities are impaired
- Practicing in an environment that prevents the safe, effective administration of services
- Accepting financial benefits in an unethical manner
Some grounds for discipline are highly subjective. For instance, the statute requires pharmacists in Alabama to “utilize and make available…knowledge as may be required in accordance with the best professional judgment.” This sort of vague language may expose you and other pharmacists to undue discipline despite committing no clear or obvious transgression.
How the Alabama Board of Pharmacy Adjudicates Disciplinary Matters
The Alabama Board of Pharmacy provides a big-picture overview of how it handles complaints against pharmacists. This process involves:
Acknowledging Receipt of a Complaint
You should receive notice of a complaint filed against you. Upon receiving this notice, contact an attorney from our team. You should never assume the complaint will be dismissed, even if it is completely baseless.
Our team will accompany you through the next steps in the adjudication process, utilizing all the time you allow us to prepare your defense.
Investigating the Complaint
While the Board does not elaborate on the specifics of the investigative process, you should expect that:
- A representative of the Board will contact you to address the complaint
- The Board will seek any evidence and testimony related to the complaint
- The Board will make definitive findings following the investigation, whether those findings warrant additional action or prompt the dismissal of the complaint
Having an attorney on your side is vital during the investigative process. Your lawyer will shield you from undue pressure and badgering, ensure you give accurate and self-defensive statements, and provide all relevant materials to the investigator.
Rendering a Decision
Among the potential decisions the Board may issue are the finding that:
- There is no credible basis for disciplinary action against you (the ideal outcome)
- The Board will issue a letter of concern that does not materially affect your license
- The Board requires you to take corrective action to remedy the complaint
- Further investigation is necessary
- Formal discipline is warranted
You may want to contest any action other than the dismissal of the complaint. If you face formal discipline, it is absolutely imperative that you fight.
Conducting a Hearing
Chapter 680-X-2 (9) notes that the Alabama Board of Pharmacy will conduct a hearing before taking punitive action against a pharmacist's license. This hearing will likely involve:
- The Board's representatives asking questions related to alleged wrongdoing
- Your attorney presenting evidence suggesting you did not commit the offense(s) you are accused of
- Your attorney presenting and questioning witnesses whose testimony aids in your case
- Your attorney cross-examining any witnesses whose testimony is unfavorable to your case
- Your lawyer making a comprehensive, cohesive argument refuting the charges against you, lobbying for leniency, or seeking other target outcomes
Hearings are dynamic, often unpredictable processes. Your attorney will prepare you to the greatest possible extent, but their presence during the hearing will be invaluable. Your attorney will make oral arguments, lodge objections, file motions, and take any other measures that may increase the likelihood of a positive outcome.
Appealing an Unjust Ruling by the Alabama Board of Pharmacy
While there is little information about how the Board (or other bodies) conduct appeals of adverse disciplinary action, our team will exhaust all available appeal options. Professionals who face formal sanctions generally have the right to:
- Appeal to the Board that issued the decision
- Use the state's judicial system to appeal any final decision by a licensing board
Our attorneys have fought many license defense cases through appeal, including by lobbying the Supreme Court in the state where the disciplinary matter occurs. We will exhaust such options for you if your case requires it.
Should I Hire an Attorney as a Pharmacist Facing Potential Sanctions?
Every pharmacist who receives notice of a complaint should consider hiring an attorney. While you likely have some idea of how a lawyer can help, you should weigh heavily the many benefits a lawyer can provide, which include:
- Professional-level knowledge of statutes: You may not have the time or legal insight to research and understand statutes relevant to your defense. Our experienced professional license defense attorneys constantly defend clients, research statutes, and add to our knowledge base. This statutory knowledge may be directly beneficial to your defense.
- Familiarity with the adjudication process: Knowing the statutes is one (important) thing. Having real-world experience with license-related investigations, hearings, and appeals is an entirely different benefit. Our attorneys offer both technical knowledge and real-world experience that may aid in your defense.
- Experience-based advice and counsel: All of your lawyer's advice will come from a place of experience. They understand how disciplinary boards work and how members of those boards often arrive at decisions. Having such advice may provide peace of mind and help foster the outcome you seek from your defense efforts.
- Quick responses to developments in your case: Time is of the essence when defending a pharmacist's license. Whether we need to respond dynamically to developments in an investigation, levy objections during a hearing, or file an appeal on a tight deadline, fast action is critical. Our attorneys' extensive training and experience allow them to provide the dynamic counsel you deserve.
- The ability to take legal action (including appeals) right away: While your defense may begin as an administrative matter, it may eventually become a legal matter. An experienced attorney will be able to file any necessary appeals and lawsuits that prove necessary.
Your life does not stop once you become the subject of a complaint. In fact, you may still be practicing pharmacy as the adjudication process unfolds. By hiring a lawyer, you can give due attention to your professional and personal obligations.
How an Attorney from the Lento Law Firm Professional License Defense Team Will Help You
In addition to the benefits already listed, a lawyer provides tangible services that will serve your defense. These services include:
- Gathering evidence (exculpatory and otherwise) that strengthens your defense
- Identifying, presenting, and questioning witnesses (perhaps including experts) who will aid in your defense
- Identifying a detailed, appropriate defense strategy based on your unique circumstances
- Accompanying you to interviews, hearings, and other defense-related appointments
- Overseeing any necessary appeals process
- Arguing appeals in front of presiding judges
- Providing sound advice throughout the license defense process
Your lawyer will also handle all defense-related communications and paperwork. This brand of comprehensive representation may minimize your stress and allow you to focus on other important matters in your life.
Call the Lento Law Firm Professional License Defense Team Today
Defending one's license also means defending your livelihood, reputation, and quality of life. The stakes could not be higher, and you owe it to yourself to have a qualified attorney on your side.
Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online to learn how we can lead the fight to clear your name and preserve your livelihood.
