Pharmacists are trusted to handle potentially lethal substances, so it's only right that regulators maintain close oversight over the profession. That said, pharmacists are not perfect, and can also be arrested, charged, and even convicted unjustly. In any case where a pharmacist is arrested in Indiana, they must prioritize both their criminal defense and career defense.
The Lento Law Firm has advised, supported, and fought for pharmacists nationwide who have faced severe professional sanctions due to arrest or other legal issues. Whether you are in Fort Wayne, Evansville, Bloomington, Indianapolis, or anywhere else in the state, the Indiana Board of Pharmacy (INBOP) has the authority to sanction you. Our defense strategy will reflect your unique circumstances, and we are prepared to demand that you face no sanctions at all, if that's the result you believe is just.
The professional disciplinary process is a bear. If you are facing legal proceedings, we are sure you are overwhelmed. Let us help. The Lento Law Firm Professional License Defense Team will be responsible for dealing with the INBOP, tailoring a personalized defense strategy, and managing the many other details of your license defense.
Call the Lento Law Firm today at 888-535-3686 or contact us online. Let's discuss how our many years of serving high-achieving professionals during perilous times in their careers prepare us to deliver the defense you deserve.
After an Arrest, Sanctions from the Indiana Board of Pharmacy Have to Be Just as Significant a Concern as Legal Penalties
The Indiana Board of Pharmacy is part of the Indiana Professional Licensing Agency (PLA). Together, these bodies determine which individuals can receive and maintain their pharmacist licenses and whose licenses undergo suspension, limitation, revocation, or other types of sanction.
Before we discuss the details of the Board of Pharmacy's policies and procedures, we just want to note that:
- Even when we consider the right to appeal, the INBOP holds the viability of your career in its hands, and it's vital that you recognize the high-stakes nature of interactions with the INBOP
- While the Board of Pharmacy publishes several rules and policies, a general lack of specificity means you are going to need to make several judgment calls after being arrested—we will help you make the right ones
- There is a fine line to toe whenever you are dealing with the Indiana Board of Pharmacy, as you want to be respectful and compliant, but also recognize that rights violations do occur and that you must be willing to fight for your career
Consider this scenario: You invest all your available time, financial resources, and attention on fighting a criminal charge. You tell yourself that legal proceedings are the most important, and you do not mind professional sanctions that might arise from your arrest and criminal charge.
Your criminal defense attorney finally achieves the dismissal of criminal charges. When you finally check in on your license, though, you discover that your failure to respond to the INBOP's correspondence led it to issue sanctions without your input. Your license has been suspended.
With legal bills mounting, you suddenly cannot earn an income to pay for them. It would be fair to wonder whether you were actually in a better or worse position than when you had a license, but were facing criminal charges.
The moral of this scenario is that you need to focus just as attentively on criminal defense and the defense of your pharmacist license. This is not a difficult mandate to abide by, as you must retain the Lento Law Firm to lead your professional defense.
The Indiana Board of Pharmacy Lists Many “Convictions of Concern,” with the Key Word Being “Conviction.”
One of the first questions we hear from pharmacists who have recently been arrested is: Do I have to report this arrest to the nursing board?
Indiana is like most states in that its professional statutes focus far more intently on convictions than arrests. In fact, Indiana Administrative Rules and Policies specifically refer to “convictions of concern” that “may disqualify an individual from receiving a license.” These convictions include, but are not limited to:
Indiana statutes also state that an “applicant for licensure who has a conviction of concern may still be granted a license…” We can interpret this to mean that a pharmacist with a “conviction of concern” on their record will not necessarily have their license revoked, but that the Board expects to know of that conviction.
We will discuss the details of any arrest, charge, or conviction you face. Our attorneys know Indiana's professional statutes, including those detailing “convictions of concern.” If you are required to report your conviction, we will help you do so promptly.
The Board of Pharmacy Does Not Explicitly Instruct Pharmacists to Report Arrests, So What Are You to Do?
It's a common theme when looking at pharmacist-specific policies nationwide. The statutes are ambiguous regarding whether a pharmacist is obligated to report an arrest. This ambiguity thrusts the burden of choice upon the arrested pharmacist: To report, or not to report, that's the question.
An attorney from our team will help you identify the correct answer, and we will do so by weighing:
What You Might Gain from Self-Reporting an Arrest
There are many cases in which self-reporting an arrest, the filing of criminal charges, a conviction, or a plea, is advisable. Some of the reasons why professionals sometimes self-report are:
- They want to establish goodwill with the Board of Pharmacy: Some pharmacists believe that if they are ever in a position to face possible discipline, the Board of Pharmacy will be more lenient if they report their arrest immediately. This could be true, but not necessarily.
- They believe disciplinary proceedings are inevitable: The pharmacist may be even more likely to try to establish goodwill with the INBOP if they think disciplinary proceedings are a certainty. For instance, if the pharmacist has been contacted by an INBOP representative about their arrest, they might self-report in anticipation that the self-reporting will improve their defense during disciplinary proceedings.
- Concerns about the license renewal process: Indiana pharmacists' licenses expire on June 30th of even-numbered years, which means you must renew your license once every two years. Pharmacists are generally expected to report felony convictions during the renewal process, but not arrests. It's less clear if pharmacists are typically expected to bring up misdemeanor convictions during the renewal process. If a pharmacist is concerned that an arrest, charge, or conviction may arise during their renewal process, they might self-report to get ahead of the matter.
Pharmacy boards generally expect to know when a pharmacist is convicted, pleads guilty, or pleads no contest to a felony offense, and certain misdemeanor offenses. Therefore, if you think there is a substantial likelihood that the arrest will lead to a conviction or guilty plea, you might elect to self-report an arrest, though it may generally make more sense to wait and see if a plea or conviction comes to pass.
What You Could Stand to Lose by Reporting the Arrest
A pharmacist might not self-report an arrest, or even certain convictions for misdemeanor offenses, for a few reasons. Those reasons are:
- Simply that Indiana statutes do not require the pharmacist to report the incident, and they choose to exercise that right not to report
- The alleged offense is not particularly serious
- That the pharmacist believes (or knows) the arrest was baseless, and that no charge or conviction will arise from it
- The alleged offense has nothing to do with the practice of pharmacy
- They hope the legal issue will be resolved and that no professional disciplinary proceedings will arise from it
Concerning the Indiana Board of Pharmacy, those who choose not to self-report might do so because:
- They do not believe the Board of Pharmacy will find out about the arrest, charge, or conviction, which may or may not prove to be an accurate belief
- They believe that, even if the Board of Pharmacy finds out about the arrest, charge, or conviction, the circumstances will not prompt professional discipline
Each case is unique. We encourage you to speak with our Professional License Defense Team as soon as possible so we can discuss your situation specifically.
Some Pharmacists Are Convicted (or Plead Guilty) After Being Arrested. Should This Affect Whether I Self-Report?
Indiana law states that for someone “to be eligible” to receive a pharmacist license, that person “[must] not have a conviction for a crime that has a direct bearing on the individual's ability to practice competently.” This line shows how a conviction can fundamentally change the INBOP's view of a pharmacist and how it may impose sanctions against that pharmacist.
Generally speaking, pharmacists are expected to self-report felony convictions, including guilty and no-contest pleas. We will evaluate your unique legal circumstances and explain whether a felony or misdemeanor conviction requires you to self-report.
Self-Reporting Is Only One Way for the Board of Pharmacy to Find Out About a Pharmacist's Legal Troubles
Since we have dedicated so much text to the issue of self-reporting an arrest, formal criminal charges, or conviction, you might conclude that a self-report is the only way for the Indiana Board of Pharmacy to learn of a pharmacist's legal issues. That's not the case.
The Pharmacy Board has ample resources, and it has fairly obvious reasons to remain aware of arrests, charges, pending legal proceedings, guilty pleas, and convictions involving pharmacists. Therefore, you should not be surprised if the INBOP:
- Has a formal or informal alert system established with law enforcement agencies throughout the state, so the Board may learn immediately of pharmacists' arrests
- Has personnel regularly monitoring online records in search of pharmacists' arrests, charges, convictions, and pleas
- Learns of your arrest, charges, conviction, or plea, even if you do not self-report them
We want our clients prepared for any possibility, and we don't want you to be caught off guard if the INBOP contacts you about a legal issue you have not self-reported.
When a Pharmacy Board Finds Out About a Pharmacist's Legal Case, It Can Initiate Its Own Kind of Case
With much ado about whether the Indiana Board of Pharmacy will find out about an arrest or legal proceedings, it's only right to answer the obvious question: So what happens if the INBOP learns about my legal issue.
It's impossible to tell you precisely what the Board will do, as its response can vary case by case. That said, it's possible that:
- The Board reviews the alleged circumstances in which you were arrested
- The Board determines that, if those details are accurate, you could have violated the state's expectations of pharmacists' conduct
- The Board moves forward with its disciplinary procedures
The INBOP does not need a guilty, no-contest, or conviction to initiate disciplinary proceedings or impose professional discipline. If the Board's representatives believe it necessary, it can:
- Conduct its own investigation of a pharmacist's conduct
- Propose a consent agreement to the pharmacist
- Proceed with a hearing if the pharmacist does not agree to a consent agreement
- Impose sanctions of varying severity
Revocation or suspension of your license, fines, professional probation, restriction of your ability to practice, and formal reprimand are among the disciplines you might face.
It's wise to assume the INBOP will move forward with discipline after an arrest. It is always better to be prepared, by retaining the Lento Law Firm Team for your professional defense, than to be caught off-guard by professional discipline.
Professional License Defense Is a Distinct, Unique Legal Focus. Let the Lento Law Firm Team Help You.
When a pharmacist is arrested, they need to wage two distinct defenses: One against potential legal penalties and one in defense of their license. Let the Lento Law Firm Professional License Defense Team handle the latter, as this is the niche legal focus we have dedicated many years to, and we take pride in helping hardworking professionals out of perilous circumstances.
Call the Lento Law Firm today at 888-535-3686 or contact us online. Do not wait to speak with our team, as license defense is always an urgent matter.
