Pharmacists play an essential role in making Maryland one of the most beautiful, enjoyable states in the union. Countless Marylanders would not be able to enjoy Annapolis' harborfront, Camden Yards' sun-soaked outfield seats, or the breathtaking fall color changes in Catoctin Mountain Park if they were not healthy and well-adjusted thanks to their local pharmacist.
Yet, your essential role in keeping Marylanders alive and thriving may afford you no benefit if you're arrested, charged, or convicted and subject to professional discipline. The Maryland Board of Pharmacy (MBP) may focus solely on alleged wrongdoing, and it's your responsibility to present a compelling defense—your career, reputation, and ability to support yourself may be in imminent jeopardy.
Too many pharmacists overlook the vital importance of license defense because they're fixated on their criminal defense. These are distinct areas of law, but they're not mutually exclusive. In fact, we feel strongly that you need a competent attorney for both, and we will serve as your counsel in all license-defense matters.
Call the Lento Law Firm today at 888-535-3686 or contact us online to learn how we have helped many pharmacists out of similar jams, and how we will tailor our defense efforts to your precise needs.
Why Your License Defense Is Just as Important as a Criminal Defense
Interactions with the criminal justice system, which start with an arrest, can be paralyzing. It's typical for a pharmacist who has been arrested or charged to focus disproportionately on how they will avoid severe legal penalties, which could include jail or prison time.
We are not telling you to ignore or downplay the importance of your criminal defense. We must remind every pharmacist, though, that:
- You have likely invested years of your life, substantial financial resources, precious energy, and relationship-building measures in your pharmacy career
- Your reputation is uniquely important in the pharmacy field, whether you work for one of the state's larger pharmacy chains (like Express Scripts, CVS, or Walgreens), a mom-and-pop pharmacy, or yourself—patients trust their pharmacists with medication that could mean life or death
- Professional sanctions of any kind can tarnish your reputation irreparably, cause you to be terminated, close professional doors that may have otherwise been open, and affect the very quality of your life
When you're arrested as a pharmacist, you must wage your defense on two fronts. While your criminal defense lawyer handles any pending or impending legal proceedings, we will fight for your career and all its benefits.
Maryland Courts Automatically Report Certain Convictions, Which Takes the Choice Out of Pharmacists' Hands (in Some Cases)
Before we explore whether you may self-report an arrest or other legal development, we need to note a unique feature of Maryland's professional statutes.
Maryland Health Occupations Code states that courts automatically report certain criminal convictions (even including certain misdemeanors) to the Maryland Board of Pharmacy within ten days of the convictions. This automatic reporting may apply to:
- Any offenses that involve a violation of Maryland's pharmacy-specific statutes, such as the mislabeling, mishandling, or theft of medication
- Offenses that violate federal law related to narcotics
- Offenses that violate Maryland's Controlled Dangerous Substances (CDS) laws, which can involve the purchase, possession, distribution, or intended distribution of illicit substances
The Health Occupations Code is less clear about whether courts will report other serious convictions, including those that involve alleged physical violence or sexual wrongdoing, to the Board of Pharmacy. If you are convicted of an offense directly related to controlled substances or pharmacy practice, you can be pretty sure the Board of Pharmacy will learn of it. You also don't have to worry about reporting such convictions, as the court will take that step.
Reporting an Arrest in Maryland: A Pharmacist's (Difficult) Choice
While Maryland law is specific about reporting certain specific criminal convictions, pharmacists must decide for themselves whether to voluntarily report:
- An arrest
- The filing of criminal charges (for either a misdemeanor or felony offense)
- Any conviction that Maryland courts do not automatically report
- A guilty or no-contest plea
Rather than speculating about which of these you might be more likely to self-report or keep to yourself, let our Professional License Defense Team provide you with advice based on your unique circumstances. We can help you think through several variables that may influence your decision about self-reporting, including:
- The details of the criminal offense you're accused of
- Whether the offense qualifies as a misdemeanor, felony, or mere civil infraction
- The weight of evidence in the case, and how you believe that evidence reflects on you
- How do you think the MBP's members might perceive the allegations against you
- Whether you believe an arrest is likely to lead to formal charges, a violation, a guilty plea, or a no-contest plea
Generally speaking, the more serious an alleged offense and the greater the likelihood that an arrest will lead to a plea or conviction, the more likely you may be to proactively report your circumstances to the MBP, though each case requires careful analysis and strategy.
Some offenses may clearly violate the Maryland Board of Pharmacy's behavioral expectations. You may be more likely to report such offenses (especially if you're convicted or likely to be) to the Board, and here's why.
You may be inclined to report a conviction for first-degree assault (a felony), for example, to the Board of Pharmacy for a few reasons. For one, physical violence would be considered by most to qualify as “unprofessional conduct.” Therefore, you can reasonably conclude that the Board of Pharmacy will likely view a conviction for a violent act as a violation of its behavioral standards. If you do not self-report such a conviction and eventually face disciplinary proceedings, the Board might view your non-reporting as deceptive.
Secondly, news of a felony conviction will likely attract the Board's attention, even if you don't report it. We have already noted that the MBP and Maryland courts have a direct line of communication. Even if the court does not report your conviction, the Board of Pharmacy can fairly easily monitor public records to detect pharmacists' arrests. If the Board is likely to find out about your legal situation anyway, it's generally smart to proactively report. Doing so tends to reflect favorably upon the reporting pharmacist.
With all this being said, never self-report any possible violation to the Maryland Board of Pharmacy until you have spoken with the Lento Law Firm Team.Your career is too important to make such a consequential decision without first consulting us.
The Maryland Board of Pharmacy Can Find Out About an Arrest Even If You (or a Court) Does Not Report It
Before discussing how the Board of Pharmacy might respond to an arrest or other legal development, we need to be clear: The MBP may learn of your unfortunate legal circumstances even if you choose not to report them.
Maryland is a small state, and the city and county where you were arrested are even smaller. Even the arrest of a pharmacist is noteworthy news to the MBP, and formal charges and convictions are even more notable.
Just be prepared for the possibility that, even if you decide not to self-report whatever legal circumstances you are dealing with, the Board could learn of those circumstances through a complaint, tip from a law enforcement agency or court official, or other means.
Why an Arrest or Conviction Could Provide the Board of Pharmacy Grounds to Sanction You
When we urge you to hire an attorney (from our team) specifically to lead your license defense, here's another reason. Maryland's legal process and the MBP's disciplinary process are distinct in several important ways.One key distinction is the standard used to impose a penalty on the pharmacist.
To convict someone of a criminal offense, Maryland courts generally need:
- Probable cause for arrest
- Evidence of wrongdoing
- A convincing counterargument for any defense the arrested person's attorney uses
- Proof beyond a reasonable doubt that the arrested party is guilty of the offense(s) they stand accused of
Sure, many defendants plead guilty even when there is no clear, convincing evidence of guilt. Generally speaking, though, the state must meet a high burden to convict you of a criminal offense.
The Maryland Board of Pharmacy's threshold for finding you responsible for wrongdoing and its standard for imposing license discipline are much lower than the criminal courts'. The Board may sanction you if:
- It believes you may have committed an offense that violates its rules and standards
- The preponderance of the evidence suggests you committed the wrongdoing you have been accused of
If it's “more likely than not” that you broke the Board's rules, in the eyes of the Board's disciplinary representatives, you may be severely disciplined. There may be a reasonable doubt about whether you are guilty of the alleged offense, and the Board of Pharmacy could still revoke your license.
How the Maryland Board of Pharmacy Adjudicates Disciplinary Cases
Should the MBP find out about your current circumstances and decide that any element of those circumstances could qualify as a violation of its policies, you may face:
- An investigation, which is how pharmacy boards nationwide determine if a pharmacist violated the board's expectations
- The opportunity to accept a consent agreement, which generally sees the pharmacist admit to some type of wrongdoing and accept the sanctions the pharmacy board is proposing
- A hearing (when the pharmacist does not accept a consent agreement), which is the pharmacist's chance to present favorable witness testimony, question any complainants and unfavorable witnesses, provide context to any allegations they face, ask for leniency, or take any other steps that may benefit their defense
- A formal ruling, as the Maryland Board of Pharmacy, may rely on the investigative report, findings from the hearing, and other relevant information to dismiss the case or impose discipline
This process can unfold differently in each case, though the MBP should follow a consistent general format. Many variables, from the investigator assigned to the case to the effectiveness of a pharmacist's representation, can influence how the disciplinary process looks and ultimately unfolds.
Why the Lento Law Firm Is the Team to Defend You, and How We Will Help
We recognize pharmacists' vital role in Maryland's health landscape. Our attorneys and support staff also acknowledge how hard pharmacists work and how consistently ethical they must be to do their jobs effectively.
We believe that no single mistake, misunderstanding, false accusation, or other circumstance that leads to an arrest should scuttle years of hard work, discipline, and ethical service as a pharmacist. We ask you to let us defend your license in the wake of an arrest because:
- Our team is laser-focused on license defense: Our firm's resources, attention, and legal focus are oriented towards one cause—fighting for professionals' licenses. Our Professional License Defense Team's name says it all. We have dealt effectively with many professional licensing boards because cases like yours have our undivided attention.
- Our services are comprehensive (at a time when you don't have much attention to spare): Our goal is for you to have to do as little as possible related to your license defense. We know you may be facing legal proceedings and the many other usual demands that life throws your way, and we will handle the lion's share of your license defense.
- We have many ways to secure the resolution you seek: Our firm has always been willing to think outside the box or negotiate outside the typical channels to secure an ideal resolution for our clients. While we respect the process, we are also comfortable having informal conversations that might contribute to a favorable deal for a pharmacist facing possible discipline.
The more you engage in any task, the better you become at it. We have achieved our 10,000 hours in professional license defense.
When You Have a License That's Worth Defending, You Want the Lento Law Firm on Your Side
The Lento Law Firm serves pharmacists working in Maryland's major cities, including but not limited to Baltimore, Germantown, Columbia, Silver Spring, Waldorf, and Frederick. We are just as committed to serving pharmacists in Maryland's less populous communities. Every pharmacist, whether they work for a nationwide chain or a one-store employer, deserves a qualified attorney who will advocate intelligently and passionately for the best possible outcome.
You deserve the type of representation we provide, and your career may depend on getting it. Call the Lento Law Firm today at 888-535-3686 or contact us online. Let's talk about defending your reputation, earning power, and professional ambitions.
