Any Arrest Can Jeopardize Your Pharmacy Career in Arizona. Allow the Lento Law Firm to Help.

The practice of pharmacy is a calling for those with the utmost integrity, self-restraint, and soundness of mind. Through the glass between them and the customer, it's easy to lose sight of the fact that pharmacists are ultimately just people.

As regular people, pharmacists are not impervious to legal entanglements. Just as a CEO of a Fortune 500 company or a construction worker can be arrested—rightfully, wrongfully, or by judgment call—so can a pharmacist.

The unique aspect of pharmacists' arrests is that their careers fall within one of the most stringently regulated and scrutinized industries. This means that an arrest can have an outsize professional impact for pharmacists. Knowing this, you must prioritize your license defense.

The first, most critical step in defending your pharmacist license in Arizona is to call the Lento Law Firm today at 888-535-3686 or contact us online to learn how our Professional License Defense Team can help you right now.

Do Pharmacists Have to Report Their Arrests to the Arizona State Board of Pharmacy (AZBOP)?

When it comes to reporting an arrest, or the event(s) that led to an arrest, Arizona statutes leave some room for interpretation: “A licensee or permittee of the board must, report to the board any information that appears to show that a pharmacist or pharmacy intern is or may be professionally incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of pharmacy.”

Some obvious questions in response to this statutory language are:

  • What is unprofessional conduct, and what is not?
  • Do alleged actions, in the Board's eyes, qualify as unprofessional conduct?
  • Who determines whether a pharmacist is professionally competent or mentally or physically unable to safely engage in the practice of pharmacy?

The Arizona State Board of Pharmacy's definition of “unethical conduct” provides some sort of answer, as that definition includes:

  • Conviction of or no-contest plea to a felony offense
  • Conviction of or no-contest plea to a misdemeanor offense that the Board considers to involve “moral turpitude”
  • Conviction of or no-contest plea to any drug-related offense

However, many legal situations don't fit into these categories. What about a pharmacist in Scottsdale arrested, but not yet charged, after getting into an argument with their spouse? What about a pharmacist in Phoenix who pleads guilty to misdemeanor disorderly conduct, which is not an offense you'd generally consider an offense of “moral turpitude”?

Many pharmacists' legal circumstances fall in the gray area of Arizona's professional statutes, and in that gray area is where the Lento Law Firm's value shines brightest.

There Are Clear Risks in Not Reporting Conduct That Might Qualify as Unprofessional Conduct (Including an Arrest)

It's our job to help pharmacists and other professionals make good decisions during difficult circumstances. We do much more for clients like you, but that's a critical aspect of our job.

We will help you decide whether to report any arrest, criminal charges, guilty plea, no-contest plea, or conviction. As part of this decision-making process, we must consider that:

  • The AZBOP considers it a separate instance of unprofessional conduct when a pharmacist does not report something they are expected to
  • There is a legitimate school of thought that, when statutes are not clear about whether you need to report a legal circumstance, it's the safer career move to report it
  • The likelihood that you will actually face formal charges, be convicted, or enter a guilty or no-contest plea (as these outcomes could lead to you having to report the incident, in which case you may want to file the report sooner rather than later)

We will also want to evaluate the fine details of the circumstances that led to your arrest. You might feel the arrest was not warranted, the facts will lead to the dismissal of your case, or that, even if you are convicted, the offense will not rise above a misdemeanor.

It can be difficult for you to identify which data to incorporate in your decision-making process, let alone make sense of it. Your attorney from the Lento Law Firm Team will be immensely helpful in guiding you to the right course of action.

There May Also Be Risk in Voluntarily Reporting the Details of Your Arrest

Because we have no agenda, we can inform you of the risks of any given course of action you might pursue. While we just talked about the risks that might nudge you towards self-reporting, let's look at a few facts that might discourage you from voluntarily reporting to the Board:

  • When you notify the AZBOP of your arrest, criminal charges, or conviction, you remove any possibility of your legal issue going undetected
  • The Board of Pharmacy could very well respond to your notice of legal problems by compounding the problem through professional discipline
  • Your case, and in a sense your professional future, could fall into the hands of one or more administrators who are dispassionate, apathetic, or even hostile toward you

There are cases where pharmacists are arrested, charges are dropped, the Board of Pharmacy never finds out about it, and the pharmacist does not have to deal with any professional hurdles or headaches that might have come if they self-reported.

Each case is unique, so each pharmacist arrested, charged, or convicted should get unique, personalized guidance and advice. When you contact our Professional License Defense Team about your circumstances, you will get precisely that personalized guidance and advice.

How the Lento Law Firm Professional License Defense Team's Experience Will Benefit You in Deciding Whether to Self-Report

Our passion is helping professionals nationwide, including pharmacists in Arizona, at the most divergent forks in their career crossroads. This generally means helping them through circumstances they would rather not face, like arrests that may lead directly to professional discipline.

Our history navigating circumstances like yours is precisely why you should retain our team, as that history:

  • Familiarizes us with the professional boards in Arizona
  • Informs us of how boards tend to treat professionals who have been arrested for, charged with, or convicted of offenses of varying severity
  • Gives us insight into the realistic range of outcomes that can come from professional disciplinary proceedings
  • Provides us with priceless experience regarding the pros and cons of voluntary self-reporting

We are confident in the answers and advice we give the pharmacists we represent because our guidance is rooted in real-world experiences and authentic client stories.

No Pharmacist Controls the AZBOP's Access to Information. We Will Prepare You for the Board to Find Out About Your Circumstances.

The Arizona Board of Pharmacy has the legal autonomy to “investigate any evidence that appears to show that a pharmacist or pharmacy intern is or may be professionally incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of pharmacy.”

Whether or not you ultimately choose to report your circumstances, the AZBOP may find out about them. Knowing this, we can prepare you for the possibility by:

  • Considering the AZBOP's investigative procedures, and the likelihood it will uncover an arrest on its own, as we determine whether you should self-report your circumstances
  • Weighing the likelihood that the AZBOP will initiate professional disciplinary proceedings if it discovers your legal circumstances
  • Ensuring you understand the disciplinary process
  • Being ready to respond immediately and appropriately if the disciplinary process eventually comes your way

The Lento Law Firm has represented professionals nationwide. We have positive relationships with many licensing boards across state and industry lines. If it makes sense in your case, we may even proactively contact the AZBOP, explain your circumstances, and try to enact the outcome we seek, which could include avoiding disciplinary proceedings altogether.

The Disciplinary Process You Might Face After Being Arrested, Charged, or Convicted in Arizona

Whether you work in Tucson, Phoenix, Mesa, Chandler, or any of Arizona's other larger metropolitan areas, or you serve a smaller community, the reach of AZBOP's disciplinary arm extends throughout the state.

  • Receipt of the self-report or complaint: When the AZBOP receives notice of your circumstances, it will then decide whether to move forward with its disciplinary process.
  • Initial investigation: Generally, if the Board decides that allegations against a pharmacist would violate professional standards (if the allegations prove true), it moves forward with an investigation. You should expect the investigator to speak with you during the investigation, and our counsel will spare you any mistakes or missteps that might tilt the investigation out of your favor.
  • Issuance of an advisory letter or a conference with AZBOP's representatives: You might have a conference and then receive an advisory letter, as the Board may handle each case as it sees fit. The letter is a non-disciplinary but formal warning, but it is not generally reported on nationwide records. Based on your unique circumstances, we will explain whether an advisory letter would be a favorable outcome.
  • Possible initiation of action without a hearing: The AZBOP may take several actions, including proposing a consent agreement and issuing an advisory letter, without first conducting a hearing. However, pharmacists generally have the right to insist on a hearing, especially if they don't accept the Board's proposed terms for resolving the matter.
  • Possible hearing: Hearings are a staple of the professional disciplinary process. Though each Board has its own procedures, the standard format is for representatives of both the pharmacist and the Board to ask questions of witnesses and present evidence, and for an Administrative Law Judge (ALJ) to officiate proceedings and interpret the information presented during the hearing.
  • Board decision: The AZBOP will consider the ALJ's recommendations when deciding whether to impose discipline or not.

If you do not submit to a consent agreement and do not accept the Board's decision, an appeal will be necessary and time-sensitive. Our attorneys' record of success with appeals is another reason so many professionals trust us to defend their licenses.

Potential Outcomes from the Pharmacist Disciplinary Process in Arizona

We have seen enough to know that any pharmacist working for any employer, including CVS, Walgreens, Fry's Food & Pharmacy, and Banner Pharmacy, can be disciplined. They can even be disciplined even in cases where evidence and common sense suggest they should not be.

The range of sanctions the AZBOP can impose includes:

  • An advisory letter, which is not technically considered to be discipline, but can have adverse consequences
  • A formal reprimand, also known as a decree of censure
  • Probation, which might include mandatory drug testing, limited professional duties, and other impositions
  • One or more fines
  • Suspension of your license
  • Revocation of your license

What one pharmacist considers “minor” or “harsh” discipline may differ entirely from another pharmacist's perception. We will identify your target outcome in any disciplinary proceedings and fight to achieve that outcome. If substance abuse or other personal struggles contributed to you being in trouble, we may lobby for you to receive the most merciful, helpful resolution available, which may include substance abuse counseling, rehabilitation, or other resources.

Defending Professionals Is Our Job, and We Do It Well. Let the Lento Law Firm Help You.

Careers in pharmacy, and the individuals who have built them, are worth a fight. The Lento Law Firm will provide trustworthy advice, help you decide whether to report your current circumstances (if you have not already done so), prepare you for any disciplinary proceedings, and support you in all matters related to your pharmacist license.

You may not have been here before, but we have. Allow us to lend our resources, experiences, and guidance during this pivotal period in your professional and personal lives. Call the Lento Law Firm today at 888-535-3686 or contact us online. Let us answer any questions you have, provide tailored information about how we can help you, and explain what you might face based on the details you provide.

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The Lento Law Firm Team is committed to answering your questions about Physician License Defense, Nursing License Defense, Pharmacist License Defense, Psychologist and Psychiatrist License Defense, Dental License Defense, Chiropractic License Defense, Real Estate License Defense, Professional Counseling License Defense, and Other Professional Licenses law issues nationwide.
The Lento Law Firm will gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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