As a pharmacist, the general public relies on you to safely dispense their medications and answer questions they have. The medical community relies on you to ensure that their patients are properly treated. You also handle controlled substances regularly in a typical day on the job. Subsequently, there are expectations by both medical professionals and laymen concerning your conduct at work. However, these expectations may even bleed into your personal life to the point that they could jeopardize your pharmacist license.
If you are convicted of a crime, your Kentucky pharmacist license may be at risk. The Kentucky Board of Pharmacy (KBP) prioritizes public safety to the point that it may face disciplinary action from the Board out of an abundance of caution. If KBP has reason to believe that your criminal charges would endanger the public, you risk probation or even complete suspension from being able to practice.
If you are a pharmacist with an arrest record or you have recently been convicted of a crime in Kentucky, it is critical to arrange professional license defense as soon as possible. The Lento Law Firm's Professional License Defense Team has several years of experience in representing pharmacists to licensing boards nationwide. Tell us about your case via our online contact form or call 888-535-3686.
Are Kentucky Pharmacists Required to Self-Report Arrests?
Under Kentucky's revised statutes for pharmacists, both current and prospective pharmacists are obligated to report convictions to KBP. Failure to do so can result in suspension, fines, complete revocation of your pharmacist license, or refusal to issue or renew a Kentucky pharmacist license.
You must report the following violations to KBP:
- Felony convictions
- Misdemeanor convictions
- Violations of any federal or state pharmacy laws, drug laws, and administrative regulations, including those charged outside of Kentucky
- Criminal charges that were dropped under Alford/nolo contendere pleas
Since you are required to self-report disciplinary actions in addition to criminal charges, this includes disciplinary actions taken against other pharmacological licenses you held in other states, such as that of a pharmacy technician or intern.
You do not need to report minor traffic violations. However, this does not apply to DUIs and other vehicular crimes that resulted in criminal charges.
What Disciplinary Actions Can the KBP Take Against Kentucky Pharmacists?
The KBP has authority to take disciplinary action against Kentucky pharmacists for both federal and state violations of drug and pharmacy laws. This authority also extends to pharmacy technicians and pharmacy interns.
The KBP can suspend your pharmacist license or revoke it entirely. Fines and jail time are also likely outcomes, depending on the severity of the offense. The minimum fine is $100 for violating administrative pharmacy law, with most maximum fines being $1,000 or up to six months in jail (or both.) Prescription drug-specific fines are considered separately, wherein the fines can be up to $100,000.
If you have a criminal or disciplinary history, you need to provide as much information as possible to the KBP about these incidents. If you were convicted when you were younger, discuss measures you took to ameliorate the situation and what you learned from your past. If your criminal or disciplinary history is more recent, you should provide a more detailed account of the incident. The KBP examines applicants on a case-by-case basis, and a criminal record or disciplinary history does not immediately nullify your eligibility if you meet the other requirements for a Kentucky pharmacist license.
How Does the KBP Decide on the Severity of Disciplinary Action?
The KBP decides on actions like revocations, suspensions, and refusal to issue or renew a pharmacist license on a case-by-case basis. They will consider the following factors when examining an applicant's criminal history and disciplinary records:
- Prior history of KBP violations, if any
- The nature of any criminal charges
- Severity of criminal charges
- Date of your conviction or arrest
- Rehabilitative efforts made since criminal incidents
- Job performance, including as a pharmacy intern, and what employers and the community have to say about you
- Substance abuse history and actions taken to address substance abuse issues, if your charges are drug or alcohol-related
For example, if you were charged with a misdemeanor for property damage when you were a young adult, it's unlikely that the KBP would refuse to issue you a license or take other disciplinary action against you a decade later. However, the KBP is more apt to mandate a harsh administrative sentencing if your criminal charges were related to pharmacological practice, such as knowingly skimming controlled substances for personal use or distribution. The KBP's goal is to determine whether you are of sound mental and physical health, and good morality, to the point that you are able to safely serve the public. The board may look past prior criminal history if it seems irrelevant to your work as a pharmacist, but they are more apt to take disciplinary action or deny your ability to practice in Kentucky if they feel your character makes you a threat to public safety.
KBP investigations and inquiries are not criminal investigations, although it's wise to approach them similarly. You may need to make a case to get your pharmacist license reinstated, or defend your ability to work from administrative errors that come with steep fines. The Professional License Defense Team at the Lento Law Firm can review your case and tailor our defense strategy to KBP disciplinary procedures and the factors that weigh most heavily in their decisions.
Which Documents Can Build Your Defense with the KBP?
If you have prior criminal or disciplinary history, it can make your Kentucky pharmacist license application or renewal more difficult. However, with the right documents, it's not impossible.
Meticulous records pertaining to your history and the rehabilitative actions you took since any criminal or administrative incidents will expedite the KBP review process. You ultimately have the burden of proof to demonstrate the facts and circumstances of your charges and any actions you took to rebuild your life and/or recompense the victims.
You should have the following documents and information on hand when you are applying for your license, renewal, or KBP inquiries:
- Certified official court documents with the date and circumstances of your charges, clearly showing the sections of the law violated and the disposition of the case
- If you were on probation, the order of probation and the official court document that you completed probation
- Court-issued certificates of rehabilitation
- Proof of expungement
- Any other court orders relevant to prior arrests or convictions
- Certified documents from the KBP or other state pharmacy boards stating the actions taken against you
- A detailed write-up of the circumstances surrounding your criminal and/or disciplinary history and any rehabilitative actions taken since these incidents to avoid repeating them in the future
- If relevant to your charges or discipline, documented evidence of seeking professional counseling or rehabilitative treatment, such as admission and discharge summaries
- Supportive letters on official organizational letterhead from employers, pharmacy instructors, professional counselors, support group sponsors, probation officers, and other professionals in positions of authority who can vouch for your quality of work and efforts to change your life
- Proof of community service, further education, and other efforts to better your life since the charges or incidents
Life can be difficult, and professional circumstances don't always allow people to make the most moral choices. When you must explain your prior charges or incidents to the KBP, it's best to include as much context as possible that explain the circumstances around your charges. Discuss what you learned since the experience, the changes you've made, how you recompensed any injured parties (if applicable), and the changes you've made.
The KBP's decision to issue or renew your pharmacist license is a great responsibility since pharmacists have a powerful role in public safety. You worked incredibly hard to earn your pharmacist license, and a criminal or disciplinary history can be an obstacle to ensuring you can obtain or retain it. However, it is not impossible. The Professional License Defense Team at the Lento Law Firm can assist with your Kentucky pharmacist application and advocate for you every step of the way.
KY Professionals Recovery Network (KYPRN)
Pharmacy practice is a rewarding career that is vital to your community. But it can also be an incredibly stressful field, and everyone, regardless of the profession, can face rough chapters in their personal lives that cause them to turn to drugs or alcohol. Many pharmacists struggle with substance abuse but often do not seek rehabilitative treatment due to fear of professional consequences since the profession entails having close, frequent access to controlled substances.
Kentucky pharmacists created KYPRN so that pharmacy professionals throughout the Commonwealth can seek treatment for substance use in a compassionate and confidential manner tailored to the unique issues that pharmacists in different regions of the Bluegrass State regularly face. The KYPRN committee is dedicated to helping pharmacists recover while retaining professional accountability and safely serving the public. KYPRN is partnered with several qualified rehabilitative treatment providers in the Commonwealth.
The KYPRN committee is comprised of pharmacists throughout Kentucky's diverse regions and practice settings, and meets prior to each regularly-scheduled KBP meeting to provide informed recommendations to the board regarding pharmacists undergoing rehabilitative treatment who want their licenses reinstated.
Participation in KYPRN is voluntary. It may also help or hurt you in terms of saving your pharmacist license if your charges are related to substance use. The Professional License Defense Team at the Lento Law Firm can advise you on whether KYPRN participation would be in your best interest.
Criminal Defense vs. Professional License Defense for Kentucky Pharmacists
If you have prior criminal history, you may face discrimination in finding employment, housing, credit, and other aspects of daily life. A criminal defense attorney may seem like an excellent match for helping you report criminal charges to professional licensing boards like the KBP and advocating for you to get a fresh start in life. However, professional license defense is a more nuanced practice area with some similarities to criminal law and several stark differences.
There are some commonalities with KBP disciplinary action and criminal matters, but they are not the same. Criminal court matters are run by judges and prosecutors, and pharmacy boards are comprised of pharmacological professionals who decide who is and isn't fit to practice. The KBP and every other board also have their own attorneys who focus their practice on drug and pharmacy laws, but they subsequently use drastically different standards of evidence than what prosecutors go by.
While you need to report your criminal and disciplinary history to the KBP, with the exception of minor violations that did not result in a misdemeanor, the KBP and other pharmacy boards have a smaller scope than criminal courts. The KBP ultimately wants to determine whether you pose a risk to public health by continuing to practice pharmacology, rather than examining your entire criminal history.
Criminal defense attorneys who frequently interact with prosecutors may not be able to translate their experience to KBP processes, which are fundamentally different. You will want an experienced professional license defense attorney who can navigate pharmacy boards and represent Kentucky pharmacists no matter where they serve in the Commonwealth.
Whether you practice pharmacology in a lab setting or a chain drugstore, the Lento Law Firm's Professional License Defense Team will advocate for you and defend your hard-earned career. Facing a pharmacy board hearing or being unsure what to disclose with respect to your criminal history is an intimidating prospect. An experienced professional license defense attorney can ease the burden and advocate for pharmacists nationwide. Contact the Professional License Defense Team at the Lento Law Firm at 888-535-3686 or complete our online intake form to speak to one of our experienced professional license defense attorneys.
