Illinois includes several great U.S. cities and many of the world's best colleges and universities. From sports teams to museums, ethnic communities to the music scene, there is nowhere quite like Illinois. Illinois is a vital and growing state, and the demand for licensed pharmacists is very high. Pharmacists are crucial in keeping Illinois residents healthy and protecting public health. However, Illinois laws and regulations hold pharmacists to a very high standard, as they do with all health professionals. Pharmacists spend years becoming licensed and building up their practices, only to find these years of hard work put in jeopardy by an arrest or conviction.
Unfortunately, most people will run afoul of the law at some point in their lives. It might be a misunderstanding or an uncharacteristic lapse of judgment. It might be the result of a personal crisis, or it might simply be a false accusation. Regardless of the circumstances, any arrest or charge can impact your standing with the Illinois State Board of Pharmacy. If you are a pharmacist and have recently been arrested or accused of criminal misconduct, consult an experienced license defense attorney. While you are understandably focused on finding a criminal attorney, finding a license defense attorney is also essential. Many criminal defense attorneys will quickly find themselves out of their element if they try to defend Illinois Board of Pharmacy or Department of Financial and Professional Regulations (IDFPR) charges. The Lento Law Firm is well-versed in Board of Pharmacy investigations and knows how to safeguard your practice and reputation effectively. The Lento Law Firm Professional License Defense Team represents pharmacists nationwide, and they have a proven track record of successful license defense. Contact the Lento Law Firm today at 888-535-3686 or reach out through our online contact form.
Arrests and Criminal Penalties in Illinois
In Illinois, criminal offenses are categorized as either misdemeanors or felonies, depending on the seriousness of the alleged crime. Felonies are more serious and are punished far more severely, while misdemeanors are punished more leniently, often by little more than a fine.
Misdemeanors are further subdivided into different classes with corresponding penalties:
- Business Misdemeanors: No jail time and an unspecified fine.
- Petty Misdemeanors: No jail time and a fine of up to $1,000.
- Class C Misdemeanors: Up to 30 days in jail and a $1,500 fine.
- Class B Misdemeanors: Up to six months in jail and a $1,500 fine.
- Class A Misdemeanors: Up to a year in jail and a $2,500 fine.
Felonies in Illinois involve possible lengthy jail time and fines of up to $25,000. The penalties for Class 1-4 felonies vary from one year to thirty years. In addition to Illinois law, federal laws define a number of felonies related to controlled substances. These laws are particularly important for pharmacists.
After you address the criminal charge, you may face issues with the Board of Pharmacy. If the Board becomes aware of your conviction, you may face professional penalties or even the loss of your pharmacy license. It is essential to consider all these issues before taking any formal legal action. The Lento Law Firm is here to advise you on the best course of action to protect your practice and reputation.
Any charge or conviction is a serious issue, but some types of violations are of greater interest to the Board of Pharmacy. Any felony arrest can put your pharmacist's license at risk. Some misdemeanors will be of little interest, while others create serious issues. Any charge involving a controlled substance or one that is suggestive of drug or alcohol abuse will be more problematic for a practicing pharmacist. Illinois rules are also concerned about legal convictions involving dishonesty or even failure to file a tax return. Whatever the offense, it is important to discuss our obligations to report (if any) and your strategy for answering the Board or Department concerns.
Laws That Relate to Pharmacy Practice
The Pharmacy Practice Act specifically notes Illinois and federal laws that pharmacists must not violate. These laws relate to the practice of pharmacy and include:
- The IL Food, Drug and Cosmetic Act, 410 ILCS 620.
- IL Hypodermic Syringes and Needles Act, 720 ILCS 635.
- U.S. (federal) Food, Drug, and Cosmetic Act, 21 USC 301.
- U.S. (federal) Controlled Substances Act, 21 USC 801.
- IL Controlled Substances Act, 720 ILCS 570.
- IL Cannabis Control Act, 720 ILCS 550.
- IL Poison Prevention Packaging Act, 430 ILCS 40.
- IL Wholesale Drug Distribution Licensing Act, 225 ILCS 120.
An arrest under any of these laws is problematic for a pharmacist and likely must be reported to the Board of Pharmacy. In deciding whether an arrest or violation should be reported, it is vital that the pharmacist consult an experienced license defense attorney. Every arrest is factually distinct, and the reaction of the Board is dependent on the nature of the offense and the specific facts surrounding the arrest. The Lento Law Firm is here to advise you, but if you are arrested for a violation of any of the above laws, it is critical that you contact us immediately. These types of violations routinely involve strict discipline by the Board or IDFPR.
Do You Have to Report Your Arrest to the Illinois Board of Pharmacy?
The answer to the question of whether you must report an arrest or charge to the Illinois Board of Pharmacy is “it depends.” If the charge involves a violation of controlled substance law or deals with substance abuse, you are likely required to report. The most prudent response to an arrest is to discuss the necessity of reporting with an experienced license defense attorney.
In deciding whether to report an arrest, it is important to note that the Board of Pharmacy can learn about arrests from many different sources, even if the pharmacist fails to report. Because of this, if there is ambiguity about the need to report an arrest, it is often a good idea to do so. However, it is important to thoroughly prepare before reporting an arrest or conviction.
What Sanctions Can the Board of Pharmacy Impose if You've Been Arrested?
The Illinois Department of Financial and Professional Regulations oversees the Illinois Board of Pharmacy and the discipline of licensed pharmacists. The Department has broad powers, including the power to take the following disciplinary actions:
- Suspension. The Department may suspend a pharmacy license for a set time or until completion of training or other acts.
- Revocation. The Department may revoke any pharmacist's license.
- Probationary status. The Department may place a pharmacist on probation, which typically involves heightened oversight and stricter discipline if another violation occurs during the probationary period.
- Reprimand. The Department may reprimand a licensed pharmacist.
- Other Disciplinary measures. The Department may take other measures, such as limiting a practice or ordering fines.
- Other Non-Disciplinary measures. The Board may order non-disciplinary measures, such as asking the pharmacist to take action or provide further training to staff. The Board or the Department may order a pharmacist to undergo a physical or psychological examination or counseling.
It is important to note that the Department also has the authority to reverse any disciplinary action. The administrative rules governing the practice of pharmacy in Illinois provide that the board may issue a license after it has been revoked or suspended, reissue or restore it, and exercise other broad powers.
Even if the rules provide for a particular outcome, the Department has the power to vary from the rules where:
- The rule or provision is not statutorily mandated.
- No party will be injured.
- The rule would be unreasonable or unnecessarily burdensome.
Given the broad nature of these powers, pharmacists should contact the Lento Law Firm regardless of where they are in a license action. Even if the Department has taken action against their license, the rules provide for a review and reissuance or reversal of the action. Do not hesitate to contact the Lento Law Firm for assistance.
IDFPR or Illinois Board of Pharmacy Investigations
When the Illinois Department of Financial and Professional Regulations (IDFPR) or the Illinois Board of Pharmacy becomes aware of an arrest or conviction, the IDFPR may begin an investigation. The Department has a Chief Pharmacy Coordinator who acts as the enforcement officer of the Pharmacy Practice Act. The Department also has a number of pharmacy investigators, who are licensed pharmacists who investigate alleged violations and report back to the Chief Coordinator. These investigators have broad powers to inspect pharmacies and records regarding alleged violations.
If the Department becomes aware of an arrest or conviction, or certain allegations of violations of the law, it may begin an investigation. They will typically assign the matter to a particular investigator. This investigator may contact you and ask for an interview or further information. It is critical that you speak with an experienced license defense attorney prior to either responding in writing or being interviewed by the investigator.
After the investigation is complete, the investigator reports back to the Department, which decides if discipline is appropriate. At this point, the Department may propose disciplinary action.
IDFPR Action Following an Investigation
Following the investigation, the IDFPR will decide on the appropriate action to take concerning the arrest or allegations of criminal wrongdoing. The IDFPR may take the following actions after an investigation:
- Formal Complaint. The IDFPR may issue a formal complaint that could result in the revocation or suspension of a license.
- Immediate suspension. The IDFPR may immediately suspend a pharmacist and hold a hearing within 15 days of the suspension.
- Cease-and-desist order. For some violations, the IDFPR (or the Board of Pharmacy) may order a pharmacist to stop the particular activity or take a specific action.
- Propose a Consent Order. The IDFPR may seek a settlement with the pharmacist in which the pharmacist admits fault and agrees to some discipline or other measures to address the violation.
If you receive any formal complaint or notice from the IDFPR or the Board of Pharmacy, it is vital that you contact experienced license defense counsel immediately. These actions have extremely short time frames and deadlines and may involve harsh discipline. Do not make the mistake of believing that you are protected from a license action, and never attend a conference without your attorney.
A Professional License Defense Attorney Can Help
After an arrest, the Illinois Board of Pharmacy or the IDFPR has broad powers to suspend or revoke your pharmacist license or take other actions. While relying on your criminal defense attorney to handle licensing issues may be tempting, remember that licensing involves different laws and issues. An attorney without experience with licensing boards, especially those dealing with medical licensing, may find themselves overwhelmed by the resources and powers of licensing entities. The experienced license defense attorneys at the Lento Law Firm are focused on one thing: your license and practice. We understand how to handle issues involving criminal allegations in the professional world effectively. We can negotiate on your behalf even in cases where the allegations are largely true.
Whether you are employed by a large hospital system, a major pharmacy chain, or are a sole proprietor, the Lento Law Firm can handle licensing issues following an arrest. The earlier we are involved after an arrest, the better the outcome.
Contact the Lento Law Firm for License Defense After Your Arrest
As a practicing pharmacist, you have devoted years of your life and countless resources to getting your license and practice. Your hard work, dedication, and record of achievement may go back decades, but after an arrest, you will need to defend yourself and your actions. If an arrest puts your license in jeopardy, it is vital that you take action immediately to protect your future and your reputation. Your ability to continue to serve your patients and community is on the line. The Lento Law Firm Professional License Defense Team can help you through this challenging time and get things back on track. We defend healthcare professionals in Illinois, and we have a proven record of successful pharmacy license defense. Contact the Lento Law Firm today at 888-535-3686 or reach out through our online contact form.
