As a licensed pharmacist working in Pennsylvania, you know better than anyone how much time, effort, and expense you put into earning your license. You've spent years studying at the undergraduate and graduate level; at least 1500 hours training at an approved pharmacist internship position; and more time studying for and passing both the NAPLEX and MPJE exams. And your work doesn't stop once you earn your license – you need to meet Pennsylvania's 30-hour biennial continuing education requirement if you want to be able to renew your license.
That's why if you are arrested for any crime, you should be concerned about its effect on your pharmacist's license. While Pennsylvania does not require pharmacists to report arrests that have not yet resulted in a conviction, you still need to take your criminal case very seriously and make sure you pay close attention to how its outcome could affect your pharmacist license. Working with the LLF Law Firm's Professional License Defense Team will ensure that you and your criminal attorney will keep in mind how the outcome of your criminal case could affect your pharmacist license. Call us at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation with you to review your case and tell you how the LLF Law Firm can help.
Reporting Requirements for Pharmacists Accused of Crimes in Pennsylvania
Pennsylvania's State Board of Pharmacy does not require pharmacists to report arrests to the BOP. An arrest, of course, is not the same as a conviction, and many people who are arrested have the charges dropped.
That said, if a pharmacist is convicted (or pleads no contest) to a crime, they must report it to the BOP within 30 days of any of the following:
- A guilty verdict
- An admission of guilt (as with most plea bargains)
- A nolo contendere (no contest) plea
- Probation without a verdict
- A disposition in lieu of a trial
- An Accelerated Rehabilitative Disposition
In addition, pharmacists are required to report criminal convictions to the BOP as part of their biennial license renewal process. And while the BOP's focus is on felony convictions – particularly those relating to the practice of pharmacy or violation of Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act – a pharmacist is still required to report all convictions, including misdemeanors, to the BOP both within the 30-day period following the conviction and as part of the license renewal process.
The way you report any conviction to the BOP is something that the LLF Law Firm's Professional License Defense Team can help you with. Our experienced attorneys understand the BOP's requirements as well as the standards that it will apply when evaluating a report of a pharmacist's conviction. We can help you decide when the best time is to report your conviction and what information to provide the BOP so it can resolve the matter quickly.
Complaints to the Board of Pharmacy
There is a way that the BOP may learn that you have been arrested even if your criminal case is still ongoing. In Pennsylvania, as in other states, anyone can file a complaint against a pharmacist for any reason at all. There is nothing to stop someone who knows you've been arrested from filing a complaint with the BOP, disclosing your arrest, and claiming that you should be disciplined as a result.
Whether the BOP will act on the complaint is another matter entirely. Complaints against pharmacists and other licensed healthcare professionals are handled by the Pennsylvania Department of State's Bureau of Professional and Occupational Affairs (BPOA). The BPOA's Professional Compliance Office will initially review the complaint to determine whether it makes allegations of misconduct that may violate Pennsylvania's BOP laws or regulations. Only in cases where it determines that a violation of the BOP's laws or regulations may have occurred will the BPOA pursue an investigation into a matter raised by way of a complaint. If the BPOA does not find that the complaint alleges that the pharmacist violated a law or regulation of the BOP, it may conclude that it does not have legal jurisdiction to pursue the matter, and as a result, may not take any action on the complaint.
Investigations of Allegations Raised in a Complaint
Where the BPOA determines that the complaint may fall within the BOP's jurisdiction to discipline the pharmacist for misconduct, it may refer the matter to the Department of State's Bureau of Enforcement and Investigation (BEI). A BEI investigator will review the complaint, interview witnesses, and pursue documents that are relevant to the allegations raised in the complaint. At the close of the investigation, the BEI will provide the Department of State's Prosecution Division with a report of the investigator's findings. The Prosecution Division will use the BEI investigator's report to determine whether to pursue disciplinary action against the pharmacist.
If the BEI decides to investigate a complaint that has been filed against you, it is almost certain that you will be interviewed as part of that investigation. An interview of this type can be a very stressful experience, one that can make it difficult for you to provide clear and complete answers to the questions that the BEI investigator is asking. Most of us have very little experience being interviewed by someone who is looking into misconduct allegations that have been made against us. These kinds of interviews should not be treated as casual conversations; the answers you provide to the questions you're asked can spell the difference between you facing discipline that could endanger your pharmacist license and the BOP deciding not to take the matter any further. This is where working with the LLF Law Firm's Professional License Defense Team can make a significant difference.
One thing to keep in mind: you have a right to have your attorney present when you are interviewed by the BEI investigator. That means if an investigator appears at your home or workplace unannounced and tries to ask you questions, you should politely decline to answer them at that time. Explain that you will make yourself available for an interview, but only after you have spoken with your attorney.
If you are working with one of the LLF Law Firm's experienced professional license defense attorneys, we can prepare you for your interview. Preparation can include going over the kinds of questions you can expect to be asked, practicing how to listen closely to each question and focusing your response on that question, and knowing when to ask the BEI investigator to clarify questions you don't understand. In addition, we can be by your side during the interview, helping you and the BEI investigator make sure that the questions you answer are fair and clear, and that you understand them before you answer them.
Proceedings After the Investigation
In cases where the BOP believes that misconduct charges are appropriate, it is likely to notify you of the charges you're facing and may propose a particular penalty. If you are working with one of the LLF Law Firm's professional license defense attorneys, we will go over the proposal with you and, in most cases, will negotiate with the BOP to resolve the matter in a way that protects your license, so that you can continue to work as a pharmacist.
Keeping your license is particularly important for pharmacists – according to the US Bureau of Labor Statistics, the annual median wage for Pennsylvania's more than 15,000 pharmacists was over $135,000 in May of 2024. That high level of pay is very difficult to replace if your pharmacist license is suspended or revoked, and you must find work in another field.
Possible Sanctions
When attorneys from the LLF Law Firm's Professional License Defense Team negotiate with the BOP on behalf of a pharmacist client, we keep in mind the range of sanctions that the BOP can apply in pharmacist disciplinary cases. These include:
- Public reprimand, which generally has no effect on the pharmacist's ability to practice pharmacy
- Mandatory continuing education, as specified by the BOP
- Payment of a fine
- Probation, which often comes with conditions such as a requirement that the pharmacist take and pass a particular training course
- A requirement that the pharmacist enroll in a counseling or substance abuse treatment program, in cases where the misconduct relates to a mental health issue
- Restrictions on the pharmacist's license, for example, a prohibition against dispensing certain classes of drugs
- Suspension of the pharmacist's license, either for a set period of time or until the pharmacist complies with conditions set by the BOP
- Revocation of the pharmacist's license
Our goal when negotiating with the BOP is to reach an outcome that will have the least amount of impact on our client's license and their ability to practice pharmacy.
Public Notice of Discipline
In most cases, if a pharmacist is disciplined by the BOP that discipline will be published and will become part of the pharmacist's permanent record. Anyone can search online using the pharmacist's name or license number and see whether the pharmacist has been disciplined and, if so, what the nature of the discipline was. In addition, the Department of State publishes a monthly summary of all disciplinary actions taken against licensed professionals, including pharmacists, in Pennsylvania.
Hearings
Cases that are not resolved through negotiation will generally proceed to a hearing. Disciplinary hearings operate very much like court trials. A hearing officer presides over the hearing in the same way a judge presides over a trial. Both the BOP and the pharmacist can put witnesses on the stand to testify and cross-examine the other side's witnesses. Both sides can introduce documentary evidence, and, when appropriate, can argue against the other side's attempt to introduce evidence. And, just as with a trial, the entire proceeding will be transcribed so that there will be a written record of what happened.
The hearing examiner will typically accept briefs from both sides that will include arguments for their respective positions. After the hearing concludes, the hearing examiner will issue a written decision. Decisions can be appealed, though whether to do so or not depends on the facts of the particular case and, of course, the decision itself.
The LLF Law Firm's Professional License Defense Team is Here for You
While an arrest may not directly trigger a requirement that you report the matter to the BOP, if you are eventually convicted, plead guilty, or plead no contest (also known as nolo contendere), you will be required to disclose it to the BOP. The best way to protect yourself and your license while your criminal case is still pending is to keep in mind that the outcome of your criminal case may have an effect on your pharmacist license. The LLF Law Firm's Professional License Defense Team can help you do that.
We can work with your criminal defense attorney so that they are aware of the possible consequences to your license of any plea bargain that you may be considering. If your case is resolved in a way that requires you to report it to the BOP, we can prepare the report and make sure the BOP receives all of the information it needs to decide whether to institute a disciplinary case against you as a consequence.
At the LLF Law Firm, our professional license defense attorneys have years of experience helping pharmacists and other licensed professionals defend their licenses all across Pennsylvania. We know the laws, regulations, and procedures that apply in license discipline cases, and we are ready to protect your rights and fight for your license. When your professional license is on the line, that means your ability to make a living and your future is as well. Let the LLF Law Firm help protect all of that so that you can have the best chance of continuing to work as a pharmacist.
To learn more about how the LLF Law Firm's Professional License Defense Team can help you protect your pharmacist license, call us today at 888.535.3686 or fill out our contact form and we will get back to you to schedule a confidential consultation. We are here to listen and to help!
