Earning your Oregon pharmacy license was no easy task. Beyond your undergraduate studies, you had to work through a Doctor of Pharmacy program for at least 4 years. You then had to pass the North American Pharmacist Licensure Examination and the Multistate Pharmacy Jurisprudence Examination. Beyond that, you may have spent an additional year or two completing a residency or fellowship so that you could specialize in a particular area. Clearly, becoming a pharmacist requires many years of dedication and hard work. The last thing you’d want is to confront the possibility of losing your license.
But if you suddenly find yourself in some sort of legal trouble, facing arrest or simply the possibility of it, your Oregon pharmacist license may be in jeopardy. It’s essential that you understand how an arrest or conviction may impact your licensure and what the steps are that you must take to secure your right to continue practicing in the state. Criminal arrests and convictions can lead to disciplinary action against you as a pharmacist, which can hugely impact your right to continue practicing, not to mention your professional reputation.
If you’re a licensed pharmacist in Oregon and your license is at risk following an arrest or conviction, you need to take immediate steps to arm yourself with a legal team that can protect your license. The Professional License Defense Team at the LLF National Law Firm has years of experience defending licensed pharmacists in Oregon and nationwide. Whether you practice pharmacy in one of Oregon’s major cities, like Portland, Bend, or Medford, or you work in one of the state’s smaller, more remote locations, the LLF National Law Firm can represent you and defend your rights throughout the disciplinary process. Contact us at 888-535-3686 or complete our confidential contact form to learn more.
Who Oversees Pharmacy Licenses in Oregon?
The Oregon Board of Pharmacy is the governing body that certifies pharmacists in the state and pursues disciplinary action against pharmacists who violate license requirements. The board’s mission is to “promote and protect public health, safety, and welfare by ensuring high standards in the practice of pharmacy and through effective regulation of the manufacture and distribution of drugs.” The board has the authority to refuse to issue or renew a license, to impose a civil penalty, and to limit, revoke, or suspend the license of an Oregon pharmacist for a variety of reasons as outlined in the Oregon Administrative Rules, including conviction of a felony or a violation of state pharmacy or drug laws.
The Oregon Board of Pharmacy can issue pharmacist licenses by endorsement or reciprocity. This parameter makes it easier to practice in multiple states, since your Oregon license lets you earn a license in another state or work across different states. But if you lose your license in Oregon, you can’t simply move to another state and get your license there. Disciplinary actions stay attached to your record as you move from state to state and can prevent you from practicing anywhere nationwide.
Can an Arrest or Conviction Threaten Your License?
As a licensed pharmacist, if something you’ve done has led to an arrest, reporting the arrest to the Oregon Board of Pharmacy is an absolute must. The board requires licensed pharmacists to report any arrests, charges of law violations, and misdemeanor or felony convictions within 10 days. You must also report any disciplinary actions from other licensing agencies. You must provide the board with a detailed written account of the circumstances surrounding an arrest, including the incidents that occurred, dates, locations, and outcomes. You must also give them copies of all police reports and court documents, including a copy of the court judgment and sentencing order or court order of dismissal, as well as documents proving you have complied with court-ordered activities.
For those applying for an Oregon pharmacy license, the law requires you to disclose any arrests, charges, or convictions on your license application. You must also report if you receive a DUI (driving under the influence). Even if you faced charges that were ultimately dismissed or had an arrest that didn’t lead to a conviction, these reporting requirements still apply. On your license application, you must include a detailed description of any incidents, including when and where they happened and any outcomes, as well as police reports and court documents. The board even wants to know about arrests or convictions that happened in another state.
Trying to hide an arrest or conviction from the board can lead to as much damage to your licensure as simply disclosing a criminal record, since failure to report arrests, charges, or convictions constitutes grounds for disciplinary action.
For license applications and renewals, the board reviews prior arrests and convictions and assesses whether they relate to your duties and requirements as a pharmacist. Any conviction, regardless of the type of crime or when and where it occurred, can potentially disqualify you from obtaining a license. Reviewing each application individually, the board takes into account the nature of the arrest or conviction, along with its severity, timing, and rehabilitation measures, in an effort to determine whether it’s relevant to how you’ll perform your duties as a pharmacist. The board will consider this information as part of the entire license application and then make its decision on whether to grant or renew your license.
The board will look at multiple factors related to any arrests or convictions when deciding whether to issue or renew a pharmacist’s license:
- Drug-related or fraud offenses. For both arrests and convictions, the board will give heavier weight to those offenses related to your pharmacist duties. Crimes involving drugs or drug theft raise a lot of red flags for someone responsible for managing and distributing drugs on a daily basis. And fraud charges reflect poorly on someone who regularly handles financial transactions. The board is more likely to deny a license application or restrict, suspend, or revoke a license if an arrest or conviction involves drug-related crimes or fraud.
- Evidence of rehabilitation. If you’ve demonstrated efforts to remedy your misconduct, such as completing a diversion program that addresses the root cause of your offense or undergoing counseling, the board will look more favorably upon your application.
- Crime severity. Naturally, more severe crimes will have a bigger influence on the board’s decision. Misdemeanors will be less impactful than felonies.
- When the offense occurred. How long ago you committed the infraction affects the board’s decision, with offenses farther in the past holding less weight. The board will also take into consideration how old you were when you committed the offense.
- Adherence to reporting requirements. If the board discovers that you omitted or altered any information related to your criminal record, this may negatively affect the decision regarding your licensure.
- Repeat offenses. If you’ve had only one arrest or conviction, this will give you a better chance of receiving a license than if you’ve committed multiple related crimes. The board will also try to assess the likelihood that you’ll repeat the offense in the future.
Ultimately, the board’s goal is to try to figure out if allowing you to work as a pharmacist in the state poses a threat to public safety. It will review all the relevant information related to your criminal record and do its best to decide whether your past offenses will have any effect on how you perform your duties as a pharmacist.
What Is the Disciplinary Process Following an Arrest or Conviction?
If the Ohio Board of Pharmacy learns of an arrest or conviction of a licensed state pharmacist—either through self-reporting or a filed complaint—the board will assign an investigator to review your case. The investigator will collect evidence, including information on the circumstances surrounding your arrest and the nature of the accusations, and interview any relevant witnesses. The investigator will then provide a report to the board that includes all their findings, as well as any disciplinary or criminal history. The investigator initially has a limit of 120 days to issue the report, although the board may grant multiple 30-day extensions as necessary. The board, which meets six times each year to address complaints and disciplinary actions, will then make its determination based on the report.
Once the board pursues disciplinary action against you for an arrest or conviction, you’re subject to a range of penalties:
- Fines. The board can impose a civil penalty of up to $1,000 for each offense.
- Renewal refusal. The board can decide not to renew your license when it expires.
- Probation. The board can place you on probation and require that you practice under its supervision for a specified length of time.
- License restrictions. The board can place limitations on your right to work as a pharmacist. These might include the types of drugs you may dispense or the places you can work.
- License suspension. A suspended license prevents you from practicing as a pharmacist for a pre-determined time span.
- License revocation. The board can permanently revoke your Oregon pharmacist license.
All disciplinary actions become part of the public record in the board’s online database. Anyone, including potential employers, can search the database and find out the reason and punishment for the disciplinary action.
If the board has restricted, suspended, or revoked your license, you have the right to periodically petition for reinstatement. You must submit the petition in writing, and the board will then re-examine your case and hold a hearing. It can then decide to reinstate you, or it may modify its previous decision and impose alternate restrictions or conditions, such as probation.
The LLF National Law Firm Can Help Safeguard Your License
Getting arrested, or even just facing the possibility of arrest, is likely a terrifying experience. You’re suddenly dealing with all the indignities of the arrest and booking process, the need to find a criminal attorney, the possibility of a criminal trial, and the prospect of jail time. In the midst of all this fear, stress, and trauma, it can be easy to push aside thoughts of safeguarding your pharmacy license. You might think, “I’ll worry about that later.” But you’ve dedicated too much of your life to earning your license and refining your pharmacy practice. Even in the midst of all else you have to deal with, you need to take steps to protect your professional future.
The LLF National Law Firm’s Professional License Defense Team can help ease the weight of worrying about the future of your career. We know how to navigate the Oregon-specific disciplinary process for pharmacists, and we can work with the Oregon Board of Pharmacy on your behalf. We can:
- Help you understand the Oregon Board of Pharmacy requirements and obligations related to your arrest.
- Help you gather and provide all the required documentation regarding the arrest, including police reports and court documents.
- Communicate with the investigator and provide the necessary information regarding your arrest or conviction.
- Protect your rights throughout the disciplinary process.
- Represent you in front of the board and help the board understand that your arrest or conviction won’t hinder your ability to work safely and effectively as a pharmacist.
- Negotiate with the board for leniency in penalties.
- Prepare and submit any necessary petitions for reinstatement.
Regardless of whether or not the reasons for your arrest are valid, the consequences of facing an arrest and possible conviction are severe and can be all-consuming. Especially if the offense is drug- or fraud-related, the arrest and conviction can have a lasting impact on your ability to continue working as a pharmacist. You need to do all you can to protect your pharmacy license and secure your livelihood going forward. The Professional License Defense Team at the LLF National Law Firm can give you the best chances of securing your future as a pharmacist in Oregon. Call us at 888-535-3686 or complete our confidential online form to get started.