An arrest can be a deeply unsettling experience for anyone, but for licensed pharmacists in Virginia, the stakes can be even higher. Beyond the immediate legal concerns about criminal charges, pharmacists often face the additional burden of worrying about how an arrest might affect their professional license. While the Virginia Board of Pharmacy doesn't typically impose disciplinary actions for an arrest alone without a conviction, an arrest can still raise concerns about your conduct. This scrutiny could lead to a formal investigation into your actions, creating the risk of disciplinary measures, including suspension or even revocation of your license.
The Virginia Board of Pharmacy holds pharmacists to high standards of professional and ethical behavior. These expectations exist to maintain the public's trust and ensure the integrity of the pharmacy profession. However, for dedicated pharmacists like you, this means that any allegation, including one connected to an arrest, can feel like an attack on everything you've worked for. The mere suggestion of misconduct can jeopardize your livelihood and reputation, leaving you unsure of how to move forward. And while you may have the best defense attorney handling your criminal case, that attorney may be ill-equipped to help you deal with threats to your professional license.
If you've found yourself in this situation, you're not without options. The LLF Law Firm's Professional License Defense Team has extensive nationwide experience and a proven track record of success helping licensed professionals like you navigate even the most complex disciplinary cases. We understand the workings of the Virginia Board of Pharmacy and how they approach arrests and criminal charges against their licensees, and we can greatly improve your chances of finding your way through this crisis with your license intact. Call the LLF Law Firm today at 888-535-3686 or fill out our online contact form to schedule a consultation.
Can an Arrest or Conviction Cost Me My Pharmacy License in Virginia?
Pharmacists in Virginia understand that their professional license is not just a credential but a testament to their dedication, ethics, and skill. Unfortunately, an arrest or conviction can cast doubt upon a pharmacist's professional reputation, leading to anxiety about potential disciplinary action from the Virginia Board of Pharmacy. The good news is that the Board does not have a strict rule requiring disciplinary measures based solely on an arrest. However, certain convictions, particularly felonies, can trigger swift and serious responses. Let's take a closer look at how the Board approaches criminal convictions and arrests, so you can better understand what's at stake and how to protect your license.
Disciplinary Action over a Criminal Conviction
The Virginia Board of Pharmacy has clear authority to take serious action when a pharmacist is convicted of a crime. This is especially true in cases involving felony offenses (no matter the charge), as well as misdemeanors classified as "crimes of moral turpitude" such as fraud, theft, or other acts that contradict ethical and professional standards. Convictions in these categories could lead to the suspension, revocation, or outright denial of a pharmacy license.
Furthermore, Virginia law mandates that the Board must immediately temporarily suspend a pharmacy license if a pharmacist is convicted of a felony. This automatic suspension reflects just how seriously the profession regards criminal convictions and their impact on public trust. If you find your license suspended under these conditions, it won't be reinstated unless you apply to the Board for reinstatement within 60 days. During this process, the Board will evaluate the nature of the offense, evidence of rehabilitation, and other relevant factors before deciding to reinstate or permanently revoke the license.
Disciplinary Action Over Arrests
Arrests, while concerning, do not automatically or directly lead to disciplinary action by the Virginia Board of Pharmacy. Generally, the Board does not penalize pharmacists based solely on an arrest, as arrests do not constitute evidence of guilt or wrongdoing. However, if the Board becomes aware of an arrest, they may choose to investigate the circumstances surrounding it.
If the behavior that led to the arrest suggests a violation of professional or ethical standards, the Board may launch a formal investigation. Depending on their findings, this could range from requiring remedial measures to more serious consequences like suspension or revocation. For example, the Board might launch an investigation if your arrest centered around any of the following offenses:
- Theft or diversion of controlled substances: Engaging in the unauthorized taking or misuse of controlled substances.
- Violations of federal or state drug laws: Breaking any drug-related laws, whether at the federal or state level.
- Fraud or deceit in pharmacy practice: Committing fraudulent acts or deceit in connection with pharmacy-related activities or applications.
- Criminal activities endangering public health: Conducting pharmacy practices in a manner that poses a danger to public health and welfare.
Am I Required to Self-Report an Arrest or Conviction to the Board?
Unlike certain other licensed professions in Virginia, pharmacists and other health professionals are not specifically required by law to self-report arrests or criminal convictions to the Virginia Board of Pharmacy. However, this does not mean that the Board remains unaware of such events. Under Virginia law, court clerks have a duty to report felony convictions to the Board, and they may also choose to report misdemeanor convictions. Additionally, the Board may become alerted to an arrest if someone files a complaint against you in connection with the alleged misconduct. Thus, even without a direct requirement to self-report, these mechanisms can still bring legal issues to the Board's attention.
For this reason, there are situations where voluntarily reporting an arrest or conviction might work to your advantage. Proactively addressing the issue with the Board could demonstrate transparency and responsibility, potentially mitigating disciplinary action. However, whether disclosure is in your best interest depends on the specifics of your case. The LLF Law Firm Team can help you determine the best course of action for protecting your license and career.
Do Pharmacists in Virginia Have to Undergo a Criminal Background Check?
For many licensed professionals, a criminal background check is a standard requirement during the licensure process. However, in Virginia, there is no specific law mandating criminal background checks for pharmacists when they apply for a license. This doesn't mean, though, that your criminal history is completely off the radar. If the Board of Pharmacy does run a criminal background check, any criminal convictions from your past may show up. Arrests typically do not appear on these checks unless they resulted in a conviction.
Even if prior convictions are uncovered, this does not automatically mean your license will be denied. Instead, the Board may require you to provide additional documentation or a detailed explanation related to the conviction.
What Is the Disciplinary Process if the Board Seeks to Discipline over an Arrest or Conviction?
The Virginia Board of Pharmacy operates within the Department of Health Professions (DHP), an agency tasked with ensuring safe and competent healthcare across the state. One of the key functions of the DHP is the enforcement of professional standards, including the handling and investigation of complaints through its Enforcement Division. If the Board of Pharmacy receives notification of an arrest or conviction tied to a pharmacist, it may trigger this disciplinary process.
The process usually begins when a complaint is filed. Complaints can come from various sources, including court clerks reporting convictions or individuals who submit claims, sometimes anonymously. However, the disciplinary process could also be triggered by a report from the courts to the Board regarding your recent arrest or conviction.
DHP's Enforcement Division evaluates whether the complaint falls under its jurisdiction and, if appropriate, launches an investigation. Investigators gather evidence, such as relevant records and interviews, while maintaining the confidentiality of the process.
Once the investigation concludes, a report summarizing the findings is sent to the Board of Pharmacy. The Board evaluates the evidence to determine if a law or professional regulation has been violated. Depending on the severity, potential outcomes include:
- Dismissal if insufficient evidence exists.
- Reprimands or warnings for minor infractions.
- Consent agreements for corrective actions without formal hearings.
- License limitations, suspension, or revocation for more serious violations.
Alternative-To-Discipline Options for Virginia Pharmacists
The Virginia Department of Health Professions (DHP) recognizes that health professionals, including pharmacists, may face challenges such as substance addiction or mental health issues. For those struggling, the Health Practitioners Monitoring Program (HPMP) provides a confidential, supportive pathway to recovery while safeguarding their ability to practice.
If substance addiction or mental health issues contributed to your arrest or conviction, participating in HPMP may work in your favor. The program is designed to assist professionals in addressing their personal challenges through treatment, monitoring, and ongoing support. Enrolling in HPMP demonstrates a commitment to recovery and patient safety, which can reflect positively on you during Board of Pharmacy disciplinary proceedings. Participation can even help deter formal disciplinary action.
HPMP is completely voluntary, offering healthcare professionals the opportunity to seek help before their issues escalate further. The program focuses on creating a tailored recovery plan that supports safe, effective clinical practices. By taking advantage of this alternative-to-discipline option, pharmacists can address critical issues and potentially avoid public disciplinary records, all while laying a strong foundation for their professional future.
Potential Disciplinary Actions for Virginia Pharmacists
An arrest or conviction prompting the Virginia Board of Pharmacy to investigate or hold a hearing doesn't necessarily mean your license will be revoked. Every case is assessed individually, factoring in the seriousness of the incident, any prior offenses, and your conduct throughout the process. Based on their evaluation, the Board may impose various disciplinary measures, such as:
- Issuing a formal written reprimand.
- Levying fines or equivalent penalties.
- Placing you under probation, potentially with restrictions on your practice.
- Suspending your pharmacy license temporarily.
- Revoking your license altogether in extreme situations.
It's important to note that these consequences may coincide with any criminal penalties you face and could even be enforced if your arrest does not result in a conviction.
Why a Defense Attorney Alone May Not Be Enough
Pharmacists in Virginia confronted with an arrest face distinct complexities, as they must address both a criminal case and a professional disciplinary process. While a criminal defense attorney is vital for managing court proceedings, they often lack the knowledge of administrative law that is critical when addressing actions taken by the Virginia Board of Pharmacy. Minimizing or avoiding criminal charges doesn't necessarily eliminate the threat to your ability to practice as a pharmacist.
The Virginia Board of Pharmacy has a lower standard of proof than the criminal courts when determining whether to penalize one of its licensees. Instead of requiring evidence "beyond a reasonable doubt," decisions are made based on a "preponderance of the evidence," which means they only have to be 51 percent convinced of your guilt to take action against you. To safeguard your career, it's essential to have legal representatives helping you on both fronts: a criminal defense attorney to help you navigate the arrest and any criminal charges, and a professional license defense attorney to defend your pharmacy license during administrative proceedings.
The Professional License Defense Team at the LLF Law Firm has vast nationwide experience assisting pharmacists and other licensed professionals in situations that threaten their licensing. Here's how we can help:
- Advising on how and when to properly report matters to comply with Virginia regulations.
- Representing you during all interactions and hearings with the Board of Pharmacy.
- Analyzing the allegations stemming from your arrest and evaluating their potential impact on your license.
- Negotiating with the Board for dismissal of complaints or more lenient outcomes.
- Providing a strong defense in formal administrative hearings if required.
If you're a Virginia pharmacist dealing with the fallout from an arrest, you don't have to handle these challenges on your own. The LLF Law Firm is prepared to help secure your license and future. Protect your career today by calling 888-535-3686 or using our online contact form to schedule a consultation.
