Pharmacists in North Carolina are held to some of the highest professional and ethical standards in healthcare. The trust placed in pharmacists is immense, given their access to controlled substances and their critical role in patient safety. However, when a pharmacist is arrested or criminally charged, whether for an offense related to their practice or something entirely unrelated, their professional license, reputation, and livelihood may be at risk.
Understanding the rules, reporting requirements, and disciplinary process of the North Carolina Board of Pharmacy is essential for any pharmacist facing this daunting situation.
The Lento Law Firm Professional License Defense Team understands how overwhelming these situations can be and will work diligently to ensure you receive the best possible outcome for your case. Call 888-535-3686 today or schedule a consultation online.
When to Report a Criminal Charge or Arrest to the North Carolina Board of Pharmacy
The North Carolina Board of Pharmacy requires licensees to report certain criminal events, but the scope and timing of these reporting obligations depend on the nature of the offense and its connection to pharmacy practice.
- Drug Diversion or Practice-Related Offenses: If you are involved in drug diversion (the theft or misuse of controlled substances at work), the reporting requirements are strict and immediate. Under North Carolina law, if you are the pharmacist in charge, you must report any drug theft or loss from the pharmacy within 10 days to the Board. This is done by filing a Drug Disaster & Loss Report through the Board's online portal. Additionally, the U.S. Drug Enforcement Administration must be notified within one business day, and the NC Drug Control Unit must also be informed.
- General Criminal Charges or Arrests: For criminal charges or arrests not related to your pharmacy practice (like shoplifting or weapons charges), the reporting requirements are less explicitly defined by the Board compared to other boards in the state (like the nursing board). However, any conviction, especially for a felony or for an offense that raises questions about your moral character or fitness to practice, must be reported. It is also a good idea to disclose any criminal conviction to the Board before your license renewal or reinstatement, as failure to do so can result in harsher penalties if the arrest or conviction is discovered later.
- Timing: While immediate reporting is required for drug diversion and controlled substance issues, for other criminal matters, reporting is typically expected at the time of license renewal or within a reasonable period after conviction. If you are unsure whether your situation requires reporting, contact the Lento Law Firm today for help.
What Must Be Reported to the Board?
There are certain things that must be reported to the North Carolina Board of Pharmacy, including:
- Felony convictions, especially those related to the practice of pharmacy or those involving moral turpitude.
- Misdemeanor convictions that may reflect on your fitness to practice, like theft, fraud, or drug-related offenses.
- Any disciplinary action taken against your license in another state.
It is important to note that arrests alone, without convictions, do not always require reporting, but if the arrest is for a serious offense or one that is likely to affect your license status, proactive disclosure is typically advisable. Again, if you are unsure, working with a skilled Professional License Defense Team is the best way to determine what your next steps should be.
Practice Connected vs. Non-Practice Connected Criminal Charges
The Board will treat practice connected and non-practice connected criminal charges or arrests differently. For example, criminal charges that are directly related to your professional duties are treated with the utmost seriousness by the Board. These types of charges typically include:
- Drug diversion (theft or misuse of controlled substances),
- Prescription fraud,
- Dispensing errors resulting from gross negligence, or
- Any criminal act committed during the course of your pharmacy practice.
As such, practice connected criminal charges or arrests must be immediately reported to both the North Carolina Board of Pharmacy, the DEA, and the NC Drug Control Unit. The Board may initiate a summary suspension of your license if there is a felony charge or conviction related to your practice. If they do so, you will be required to immediately cease practicing until a formal hearing is held.
Prior to the hearing, the Board will investigate the matter, including interviewing you and possible witnesses and gathering evidence to support the accusation. Then they will schedule a hearing, during which time you have the chance to present a defense, including evidence and witness testimony to support your argument. If they believe that you have committed an offense related to your practice, they can impose sanctions, which may include license suspension, revocation, fines, remedial education, or other penalties.
Criminal charges or arrests that occur outside the scope of your pharmacy practice are still relevant but may be treated differently. Where practice connected offenses must be reported the moment they occur, things like shoplifting, Driving Under the Influence, assault, weapons charges, or other unrelated misdemeanors or felonies may only need to be reported at the time of your license renewal. However, if the Board's rules or your circumstances warrant it, you may want to report them sooner.
Once you have reported these criminal offenses or arrests to the Board, they will consider whether these offenses reflect on your moral character or fitness to practice. While not all non-practice related convictions result in severe discipline from the Board, repeated offenses, felonies, or crimes involving dishonesty or violence may lead to license suspension or revocation.
The Key Differences Between Practice Connected and Non-Practice Connected Offenses
The key differences between practice connected and non-practice connected offenses are:
- Reporting time: Practice connected offenses must be reported within 10 days, and non-practice related offenses can be reported when you renew your license or after your conviction.
- Agencies involved: In practice connected offenses, there are more agencies involved in the reporting process, whereas with non-practice connected offenses, you only have to report to the offense to the Board.
- Likelihood of summary action: It is less likely that you will receive summary action in a non-practice related offense unless it includes a felony or moral turpitude. Practice connected offenses have a much higher chance of triggering summary suspension.
- Typical sanctions: Generally, the Board will impose harsher sanctions for a practice connected criminal offense than a non-practice connected offense.
How Can an Arrest or Criminal Charge Affect a Pharmacist's Personal and Professional Life in North Carolina?
Any kind of arrest or criminal charge can be a life altering experience for anyone, but for pharmacists in North Carolina, the stakes are particularly high. The repercussions extend far beyond the courtroom, reaching into every aspect of a pharmacist's personal and professional world. Even allegations, regardless of whether they result in a conviction, can trigger disciplinary action from the Board, potentially jeopardizing your license, career, and reputation.
It is crucial to understand the wide-ranging impacts that criminal matters can have, so you are prepared to navigate the challenges ahead and make informed decisions about your future.
Professional consequences that pharmacists may face when confronted with criminal charges or disciplinary investigations in North Carolina can include:
- License Suspension or Revocation: The most severe consequence is the loss of your license, either temporarily (suspension) or permanently (revocation).
- Probation or Restrictions: The Board may allow you to continue practicing under strict conditions, such as supervision, remedial education, or limitations on your duties.
- Fines and Civil Penalties: Significant monetary penalties may be imposed, especially for offenses involving controlled substances or fraud.
- Public Record: Disciplinary actions become part of your professional record, potentially affecting future employment opportunities and your professional reputation.
And the personal consequences a North Carolina pharmacist may experience include:
- Employment Impact: The loss of your license or a disciplinary action by the Board can lead to termination of your employment or difficulty finding future employment in pharmacy or related fields.
- Reputation: Allegations and disciplinary records can damage your standing in the community and among peers.
- Financial Stress: Legal fees, fines, and loss of income can create significant financial hardship.
- Emotional Toll: The stress of the investigation, hearings, and uncertainty about your future can be overwhelming.
As such, if you are facing criminal charges as a pharmacist in North Carolina, you need a strong defense. The Lento Law Firm Professional License Defense Team has years of experience helping pharmacists and other medical providers defend their personal and professional lives from unnecessary sanctions. Contact our offices today.
How the Lento Law Firm Can Help
Being arrested or criminally charged as a pharmacist in North Carolina is a complex and high-stakes situation. However, the disciplinary process is not the same as a criminal trial. In this disciplinary process, the Board controls everything, and the burden of proof is lower than in a criminal trial. Here, it is a “preponderance of the evidence” rather than a “beyond a reasonable doubt” threshold. You are not automatically presumed innocent, though, and the Board will take swift action to protect the public, sometimes at the expense of fairness to the licensee.
To ensure you are not being unnecessarily punished by the Board, the Lento Law Firm Professional License Defense Team takes a certain approach:
- Early Intervention: The sooner you contact our team, the better we can protect your rights and develop a strategic defense. Early intervention can sometimes result in the dismissal of complaints before they turn into a formal investigation.
- Comprehensive Representation: We guide you through every step of the process, from initial reporting and responding to Board inquiries to preparing for hearings and, if necessary, appealing adverse decisions in Superior Court.
- Negotiation and Advocacy: Our attorneys are skilled negotiators who can work with the Board to seek proportionate disciplinary measures, advocate for your continued ability to practice, and protect your professional reputation.
- Understanding the Rules: We are deeply familiar with North Carolina's Administrative Procedures Act, the Board's rules, and the nuances of pharmacy practice defense.
- Personalize Support: Every case is unique. As such, we tailor our defense strategies to your specific circumstances, whether the charge is practice related or not, and ensure you are fully informed at every stage.
Working with the Lento Law Firm is a unique experience. Our Professional License Defense Team has extensive experience representing pharmacists and other healthcare professionals before licensing boards around the country. We focus on achieving the best possible outcome for your case, whether that means dismissal of charges, reduced sanctions, or restoration of your license. And we know the personal and professional stakes involved and will provide compassionate, confidential, and effective representation.
If you are a North Carolina pharmacist who has been arrested or criminally charged for any reason, it is critical to understand your obligations to the North Carolina Board of Pharmacy, the potential consequences, and the importance of working with an experienced legal team. Whether the alleged offense is related to your practice or not, your license, reputation, and career are on the line.
The Lento Law Firm Professional License Defense Team is here to help you defend your rights, guide you through the complex disciplinary process, and help you protect or recover the career you have worked so hard to build.
If you are facing criminal charges or fear you may be accused soon, do not delay. Contact the Lento Law Firm today at 888-535-3686 today or schedule a consultation online.
