Michigan offers one of the highest standards of living in the U.S., characterized by its natural beauty, excellent schools, and renowned sports teams. As many communities in Michigan continue to grow and expand, there is a rising demand for pharmacists. These professionals play a crucial role in protecting public health and are held to the highest standards of personal integrity and professional competence. Many pharmacists dedicate years to building their practices and establishing their professional reputations. However, this hard work can be jeopardized by an arrest or allegation of criminal wrongdoing.
An arrest or charge can stem from a momentary lapse in judgment, a misunderstanding, or even a false accusation. Regardless of the circumstances, any arrest or charge has the potential to impact your standing with the Michigan State Board of Pharmacy (MBP). The best course of action following such an event is to consult with an experienced license defense attorney. Your attorney can help protect your license and career while minimizing negative repercussions on your practice or reputation.
After an arrest, many pharmacists understandably focus primarily on the criminal charges they face. However, this singular focus can lead to being caught off guard by a notice from the Board of Pharmacy regarding their license. It's important to note that many criminal defense attorneys lack experience in defending professional licenses, especially in the healthcare sector, where license defense can be particularly challenging. To effectively protect your license, it is essential to work with an attorney who specializes in license defense. The Lento Law Firm is well-versed in MBP investigations and knows how to strategize effectively to safeguard your practice and reputation. The Lento Law Firm Professional License Defense Team represents pharmacists nationwide who are facing licensing issues. They understand complex licensing regulations and 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 Michigan
In Michigan, criminal offenses are categorized as either misdemeanors or felonies. Misdemeanors are subdivided into three classes:
- High Court Misdemeanors. These violations, which can result in up to two years in jail, involve more serious allegations, such as obstruction of justice.
- One-Year Misdemeanors. These violations are punishable by up to a year in jail and include shoplifting.
- Other Misdemeanors. These violations, which include some assaults and thefts, can result in up to 93 days in jail.
Felonies are more serious violations of law and are divided into classes A through H. While class H felonies may involve no jail time, Class A felonies involve up to life in prison. Crimes such as larceny and embezzlement are Class D felonies and involve up to 10 years in prison. Felony shoplifting or aggravated stalking are Class E felonies and involve up to four years in prison.
Any charge or conviction is a serious issue, but some types of violations will always be of greater interest to the Board. Any felony charge or conviction will put a pharmacy license in jeopardy. A misdemeanor charge will be of interest to the Board if it tends to implicate issues of fitness for practice or professional integrity. An arrest for a controlled substance crime will always be of interest, as will an arrest for driving while intoxicated or public drunkenness.
After defending yourself in the criminal arena, you will face Board of Pharmacy issues. Remember that if the Board learns of an arrest, they may pursue a disciplinary case even if no formal charge is ever made. Regarding the disclosure of an arrest, it is vital to consult experienced license defense attorneys at the Lento Law Firm.
Do You Have to Report Your Arrest to the Michigan Board of Pharmacy?
Licensed healthcare professionals in Michigan, including pharmacists, are required to report criminal convictions within 30 days. If a pharmacist is convicted of any criminal violation and fails to report it, it can result in serious discipline. This discipline will often exceed the discipline that the Board might have imposed for the underlying conviction.
It is important to remember that the MBP can learn of criminal convictions even if the pharmacist fails to report them. Because there are so many ways that law enforcement might notify the Board or that the Board may learn of a criminal conviction, it is not a good idea to deliberately fail to report a conviction. But any pharmacist reporting a criminal conviction should do two things prior to reporting:
- Speak to an experienced license defense attorney.
- Formulate a plan and response to the criminal charges or any anticipated concerns from the Board.
The answer to the question of whether you must report an arrest or charge prior to conviction is that it depends. Some charges will be of inherent interest to the Board, while others will not. The best response to an arrest or charge is to speak with an experienced attorney before making any decision on whether to report the arrest or charge to the Board.
What Sanctions Can the Board of Pharmacy Impose if You've Been Arrested?
The Board of Pharmacy has broad powers to begin disciplinary action against a pharmacist in Michigan following an arrest or conviction. The Board might take the following disciplinary actions:
- Probation. The Board may put a pharmacist on probationary status for less serious offenses, especially if they have no prior discipline history. In such a situation, the pharmacist will face stricter discipline if further violations occur during probation.
- Restrictions on License. The Board may determine that a pharmacist's license should be restricted to certain tasks or with oversight during the period following an arrest or conviction.
- Suspension. The Board may temporarily suspend a pharmacist's license or suspend it for a set period of time. This suspension may also be enforced until the pharmacist takes some action, such as completing training or counseling.
- Revocation. In cases involving the most serious types of alleged wrongdoing, the Board may revoke a pharmacist's license. This revocation normally occurs only when the Board believes the pharmacist poses a threat to public safety.
- Consent orders. The Board may negotiate with a pharmacist and agree to discipline and a course of conduct. Both the Board and the pharmacist must agree. No pharmacist should sign a consent order without consulting the license defense attorneys at the Lento Law Firm.
- Fines and Other Administrative Actions. The Board may assess a fine and costs and take other administrative actions against a pharmacist's license.
In most instances, the Board has the power to decline to impose more serious discipline. However, in some situations, the Board may be required to suspend a license, at least briefly.
Is the Michigan Board of Pharmacy Required to Suspend a Pharmacist's License?
While the Board has a lot of latitude, there are some instances where Michigan law provides for a mandatory suspension:
- Conviction of a felony.
- Conviction of a misdemeanor punishable by imprisonment for two years.
- Conviction of a misdemeanor involving illegal delivery, possession, or use of a controlled substance.
In these instances, the Board will summarily suspend the pharmacist's license. If a pharmacist is convicted of a crime involving the misuse of alcohol, which adversely affects their ability to practice, the Board may also summarily suspend their license, but they are not required to do so. The Board also has broad powers to suspend a pharmacist's license temporarily if it receives notice from the FDA or the CDC of an imminent danger to public health.
Remember that for the most part, the Board has wide latitude to dismiss a complaint or to impose serious discipline. Even where the Board is required to impose a suspension, that suspension may be short. The Lento Law Firm understands the importance of presenting a compelling defense and arguing for your right to continue your practice. Discipline is rarely inevitable: you can present a defense, even when the allegations are largely true. Contact us today for advice on defending your license and responding to any type of arrest or conviction.
Michigan Board of Pharmacy Investigations
When the Michigan Board of Pharmacy becomes aware of an arrest or conviction, they may begin an investigation. The Board will first review a complaint or report to determine if any investigation is required. The Board may decide to dismiss the complaint or may proceed to an investigation. If the Board decides to investigate the complaint, it will typically assign an investigator. At this point, the Board or the investigator will notify you of the pending investigation and seek a statement from you. The investigator may gather evidence, including the police report, and may interview witnesses or law enforcement. You will have the opportunity to respond, but you should seek the advice of an experienced license defense attorney before giving a statement.
After the investigation is complete, the investigator reports back to the Board, which decides if discipline is appropriate. At this point, the Board may propose serious disciplinary action.
Board of Pharmacy Action Following an Investigation
Following the investigation, the Board of Pharmacy will decide on the appropriate action to take concerning an arrest or conviction. The Board may take the following actions after investigation:
- Issue a formal complaint. This will mean that your license is in jeopardy, and the Board may suspend or revoke it.
- Issue a summary suspension. In some instances, the Board may act quickly if it finds a risk to public health.
- Issue a cease-and-desist order. For some violations, the Board may respond with an order.
- Dismiss the allegations. The Board may decide that the investigation has shown no actionable violation.
- Set a Compliance Conference. The Board may seek a compliance conference in which they attempt to reach an agreement with the pharmacist. If the parties can reach an agreement at this conference, the Disciplinary Subcommittee must confirm the agreement.
If you receive notice of a formal complaint or any other action, it is vital that you have experienced license defense counsel. The Compliance Conference is an excellent opportunity to handle an arrest or conviction discreetly and without the expense of a hearing. But no pharmacist should ever enter into a Conference without experienced counsel.
A Professional License Defense Attorney Can Help
After an arrest, the Michigan Board of Pharmacy has broad powers to take disciplinary action against a pharmacist. While you may be tempted to have your criminal defense attorney assist with licensing issues before the Board, remember that licensing matters involve different laws and issues. Even a competent criminal defense attorney may quickly find themselves out of their depth in arguing licensing issues. The experienced license defense attorneys at the Lento Law Firm are focused on one thing: your license and practice. They understand how professional trust and confidence issues are handled and how to negotiate even in cases where the allegations are largely true.
Whether you are employed by a large hospital system or a major pharmacy chain, or you 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
Your pharmacy license results from years of hard work and a record of academic achievement going back over a decade. It allows you to serve your patients and the public in Michigan and thrive financially. If an arrest puts your license in jeopardy, it is vital that you take action immediately. 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 Michigan and 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.
