As a licensed pharmacist in Tennessee, you’ve worked hard to build your career, and you’ve dedicated yourself to delivering compassionate care while building public trust. Holding that license also means that the state holds you to an exceptional level of professional and ethical standards. Thus, if you find yourself under arrest, you may be worried about more than just the immediate threat to your freedom; you might also be naturally wondering if the effects could ripple out to impact your career and livelihood.
Your concerns are not unfounded. The Tennessee Board of Pharmacy is committed to protecting public health, which includes ensuring that pharmacists exhibit exemplary professional judgment and ethical conduct. Any incident that raises questions about your actions, whether it happens during working hours or in your personal life, could lead to disciplinary measures ranging from fines and reprimands to probation or, in severe cases, suspension or revocation of your license. Certain criminal convictions could potentially disqualify you from holding a pharmacy license in the state. However, even if you’re ultimately not convicted, you may not be out of the woods. While the Board is unlikely to discipline you strictly on the basis of an arrest (since an arrest is not the same as criminal charges), the alleged behavior leading up to the arrest might prompt the Board to launch an investigation, potentially putting your license at risk. If the incident appears to violate the state’s laws or ethical rules for pharmacists, the Board has the authority to take action.
In these situations, unfortunately, even the best criminal defense lawyer may not have the legal knowledge to address the additional challenges of protecting your professional license from the fallout. This is where having a professional license defense attorney can save your career. The LLF National Law Firm’s Professional License Defense Team has successfully assisted pharmacists across the nation in protecting their licenses against the repercussions of arrests, criminal accusations, and disciplinary proceedings. With a comprehensive understanding of pharmacy board investigations and procedures, we work tirelessly to build a defense strategy tailored just for you. If recent criminal charges have put your Tennessee pharmacy license at risk–or even if an arrest has put your standing with the Board in doubt–we can work proactively to protect your license. Contact the LLF National Law Firm today at 888-535-3686 or fill out our online contact form to schedule a consultation.
Tennessee Laws and Regulations on Arrests and Convictions for Pharmacists
Tennessee law has specific statutes that create the framework for regulating pharmacy practice in the state–both in detailing the licensure and scope of practice for pharmacists and granting authority to the Board of Pharmacy to enforce these standards. In addition, the Board has established a clear set of rules detailing standards of practice and conduct for pharmacists. While an arrest doesn’t automatically jeopardize your pharmacy license, the behavior behind the arrest may come onto the Board’s radar, especially if it is mentioned in a formal complaint. If the circumstances surrounding an arrest hint at a breach of its ethical or professional standards, a more in-depth investigation could follow, even if no charges or conviction materialize. Let’s look at a few specifics regarding the law.
Criminal Convictions
Tennessee law is fairly open-ended about the Board’s authority when it comes to disciplining criminal convictions. Specifically, the Board is authorized to suspend, revoke, or deny licensure to any pharmacist who has been “convicted of a criminal offense, including, but not limited to, violating a law of this state or of the United States relating to drugs or to the practice of pharmacy.” If you’re a pharmacist convicted of a crime, the wording of this law suggests a higher likelihood of suspending or revoking a license if the crime in question is drug-related or directly relates to your practice. However, the phrase “including but not limited to” grants even more discretion to the Board to consider discipline against your license for any criminal conviction. Losing your license is not automatic after a conviction, but you may need to present convincing arguments and evidence to demonstrate that you remain qualified to hold your license.
How Do Arrests Factor In?
There is no specific law on the books authorizing the Tennessee Board of Pharmacy to discipline you for being arrested, especially if the arrest doesn’t result in criminal charges or a conviction. However, the Board holds significant discretion to suspend or revoke a license based on “dishonorable, immoral, unethical, or unprofessional conduct.” If your arrest involves allegations pointing to such actions, the Board could launch an investigation that looks into the behavior behind the arrest, rather than the arrest itself.
The definition of “unprofessional conduct” is even more generalized and open to interpretation when it comes to the practice of pharmacy. The basic definition is any behavior that is “detrimental to patients or to the profession of pharmacy.” This, of course, includes many behaviors that could also lead to arrest, such as:
- Assault that causes patient harm: Actions that intentionally or negligently cause physical or emotional harm to a patient, such as assault.
- Misuse or theft of narcotics or supplies: Taking drugs, medical equipment, or controlled substances without authorization from your workplace or facility.
- Substance abuse: Using illicit drugs or prescription drugs obtained fraudulently.
- Acts of fraud or dishonesty: Engaging in fraudulent activity, such as misappropriating funds, filing false insurance claims, or theft tied to the practice of Pharmacy.
- Sexual misconduct: Engaging in inappropriate physical behavior with a patient, especially without consent, such as sexual assault.
Though an arrest alone may not have an immediate impact on your license, it may expose you to scrutiny. If the Board perceives your actions as unprofessional based on their investigation, you might face serious consequences like probation, suspension, or even revocation of your license in more severe cases.
Background Check Rules for Tennessee Pharmacists
When initially applying for a pharmacy license in Tennessee, undergoing fingerprinting and a criminal background check is a required part of the process. These measures are in place to identify any previous convictions or criminal activity that might raise concerns about your ability to meet the profession’s ethical standards. While convictions typically show up during these checks, arrests without convictions are generally not included, so you have less to worry about if your arrest did not result in criminal charges or a conviction.
If you do have prior convictions, it does not automatically mean your application will be denied. You will have an opportunity to explain the circumstances behind your conviction. You may submit supporting documents like court records, evidence that challenges the conviction, or information about any mitigating factors at the time. Steps you’ve taken since the conviction, such as rehabilitation programs, volunteering, or obtaining letters of recommendation, can also illustrate personal growth and a commitment to ethical conduct.
Are Pharmacists Required to Self-Report an Arrest or Conviction to the Board?
For arrests, no. For convictions, yes. Under Board rules, if you’re convicted of any crime (regardless of whether it relates to pharmacy), you’re required to self-report it to the Board within 10 days of your conviction. This includes pre-trial or judicial diversions. If you fail to do so and the Board discovers it, this constitutes a violation in itself that could lead to disciplinary action–even if the crime in question would not have put your license at risk.
If an arrest does not result in criminal charges or a conviction, there is generally no requirement to report it to the Board of Pharmacy. That said, there are exceptions where self-reporting might be beneficial. If you suspect that someone may file a complaint with the Board about the circumstances of your arrest, being transparent with the Board can work in your favor. Proactively explaining the situation shows accountability and can prevent misunderstanding. This approach highlights your commitment to honesty, which reflects positively on your professional character. Every case is different, so consulting with an experienced attorney can help you decide the best way to handle your specific situation.
Is There an Alternative-to-Discipline Program for Pharmacists in Tennessee?
Yes, there is. The Tennessee Pharmacy Recovery Network (TPRN) is a voluntary and confidential initiative that supports pharmacists dealing with substance abuse and addictions that could impair their practice. The program provides a structured path to recovery and career restoration while prioritizing public safety. This program is provided by the Tennessee Pharmacists Association with support from the Board of Pharmacy. If an addiction was an underlying factor in your recent arrest, voluntarily enrolling in TPRN can potentially avert any disciplinary action by the Board, especially if you stay with the program to completion. Likewise, the Board has the latitude to refer you to TPRN as an alternative to disciplinary action and/or as a condition for keeping your license active.
Potential Disciplinary Actions for Tennessee Pharmacists
If an arrest or conviction causes the Board of Pharmacy to initiate an investigation or hold a hearing, it doesn’t automatically mean your license will be taken away. Each situation is carefully reviewed on an individual basis, with considerations such as the nature and severity of the offense, whether there’s a history of similar incidents, and your behavior throughout the proceedings. Depending on their assessment, the Board might enforce one of several disciplinary actions, which could include:
- Issuing a formal reprimand in writing.
- Imposing monetary fines or related penalties.
- Placing you on probation, often with specific restrictions on your work.
- Temporarily suspending your Pharmacy license.
- Permanently revoking your license in particularly serious cases.
Bear in mind that these penalties can happen alongside any criminal convictions you might face in the wake of your arrest, and they may even happen even if you are not convicted.
Why a Defense Attorney Alone May Not Be Enough
For pharmacists in Tennessee, an arrest brings the unique challenge of navigating two distinct legal systems at once. While a criminal defense attorney is essential for handling the criminal court process, they often lack the specific knowledge of administrative law required to defend your professional license in disciplinary actions initiated by the Tennessee Board of Pharmacy. Without skilled representation in both areas, even if criminal charges are minimized or dismissed, your career as a pharmacist could still be at significant risk.
The Tennessee Board of Pharmacy operates under a standard of proof that is considerably different from that of the criminal justice system. Instead of requiring proof “beyond a reasonable doubt,” the Board bases its decisions on a “preponderance of the evidence.” This lower standard makes it easier for disciplinary actions to proceed, even if a criminal conviction isn’t secured. And should a conviction occur, the probability of facing sanctions against your license increases substantially. To protect your career, it’s critical to have skilled attorneys on both fronts–one to defend you against criminal charges, and one to defend your license against adverse actions by the Board of Pharmacy.
The Professional License Defense Team at the LLF National Law Firm is well-versed in handling cases for pharmacists facing licensing challenges related to arrests. Here’s how our team can assist you:
- Guide you on reporting requirements to ensure adherence to Tennessee regulations.
- Represent you in all communications and proceedings with the Tennessee Board of Pharmacy.
- Examine the details of the allegations tied to your arrest and assess the potential impacts on your license.
- Negotiate with the Board to seek case dismissals or secure reduced penalties.
- Provide a strong defense during formal administrative hearings, if necessary.
If you’re a pharmacist in Tennessee dealing with the repercussions of an arrest, you don’t have to face this alone. The LLF National Law Firm is here to help you protect both your license and your future. Take the first step toward safeguarding your career today by calling us at 888-535-3686 or using our online contact form to schedule a consultation.