For a licensed pharmacist in Wisconsin, an arrest carries higher stakes than just the arrest itself. Regardless of whether your arrest results in a criminal conviction (and all that comes with that), being implicated in a crime can have a significant impact on your professional license, and by extension, your career. The Pharmacy Examining Board in Wisconsin expects pharmacists to uphold the highest standards of professionalism and ethical behavior, both on and off the clock. While an arrest alone may not result in immediate disciplinary action, it can cast a spotlight on the circumstances surrounding the incident. This scrutiny has the potential to escalate into a formal investigation, placing your career and livelihood at risk. If you are ultimately convicted of a crime, the stakes may be even higher.
The Pharmacy Examining Board has broad authority when it comes to investigating and disciplining license holders, particularly if underlying behaviors associated with an arrest call your professional judgment into question. Worst-case scenarios like suspension or revocation of your license can feel terrifying, especially if your arrest does not reflect the dedicated professional you are. What makes it even worse is that the Board is not held to the "guilt beyond a reasonable doubt" standard that the courts must use, so circumstantial evidence can increase the chances of disciplinary action. And even if you have the best criminal defense attorney in Wisconsin, that attorney may not have the legal knowledge required to also defend you against the threat to your license.
At the Lento Law Firm, we understand how high the stakes are for you, your reputation, and your career. Our Professional License Defense Team has extensive experience defending pharmacists across the nation against license threats stemming from arrests, investigations, and even criminal convictions. With a proven track record of success, we provide the knowledge and support you need to address these challenges head-on. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or complete our online contact form.
Can an Arrest or Conviction Cost You Your Pharmacy License in Wisconsin?
While not all arrests or convictions lead to disciplinary action for Wisconsin pharmacists, the answer in many cases is yes--being arrested or convicted of a crime can have a negative impact on your license. The Pharmacy Examining Board, which operates under the authority of the Department of Safety and Professional Services (DSPS), is guided by state statutes (Chapter 450 of the Wisconsin Statutes) and administrative rules of the Pharmacy Examining Board. These regulations not only define what constitutes the legal practice of pharmacy but also establish the Board's disciplinary authority over pharmacists.
Disciplinary Action Over a Criminal Conviction
By law, the Pharmacy Examining Board possesses broad authority to suspend, revoke, or deny licensure based on certain criminal convictions, particularly for offenses that "substantially relate to the practice" of pharmacy. Examples of offenses that could result in disciplinary action include, but are not limited to:
- Prescription or Drug-Related Crimes – Examples such as prescription fraud, illegal dispensing of controlled substances, or drug possession with intent to distribute often trigger significant concerns about a pharmacist's competence or ethical judgment.
- Healthcare Fraud – Any criminal activity involving deceit or fraud within a healthcare setting can lead to license disciplinary measures.
- Theft or Financial Crimes – These crimes can call into question a pharmacist's trustworthiness and reliability, key traits for professionals handling controlled substances.
- Violent Offenses – Convictions for crimes such as assault or domestic violence may reflect poorly on a pharmacist's ability to act in the best interest of patients and colleagues.
When considering disciplinary action, the Board evaluates how closely a particular criminal offense aligns with the responsibilities of a pharmacist. While not every conviction may impact licensure, offenses that undermine patient safety or professional integrity are likely to prompt significant consequences.
Disciplinary Action Over an Arrest
The good news is that Wisconsin law does not authorize the Board to discipline a pharmacist based solely on an arrest that does not lead to a conviction. However, the behavior that led to the arrest may still be scrutinized. If the underlying incident aligns with the Board's definition of "unprofessional conduct," an investigation could follow.
Examples of behaviors considered "unprofessional conduct" include:
- Impaired Driving – If an arrest involves driving under the influence or other alcohol- or drug-related issues, the Board may investigate whether the pharmacist practices while impaired.
- Falsifying or Failing to Maintain Proper Records – Arrests involving fraud or misrepresentation often signal red flags in the professional conduct of pharmacists.
- Engaging in Dangerous Behaviors – Arrests tied to reckless or violent actions could suggest a pattern of conduct that jeopardizes patient safety.
Rules for Self-Reporting Arrests and/or Convictions in Wisconsin
The Wisconsin Department of Safety and Professional Services (DSPS) requires prompt transparency when it comes to criminal matters--even for offenses that would not result in disciplinary action by the Board. Licensed pharmacists are required to disclose all criminal convictions as they occur. Additionally, pharmacists must report both convictions and "pending charges" on designated forms during initial licensure and license renewals.
For Currently Licensed Pharmacists
If you currently hold a pharmacy license in Wisconsin, you are obligated to report any criminal conviction to the DSPS within 48 hours of the conviction. Failure to fulfill this requirement can lead to significant consequences, including disciplinary actions from the Pharmacy Examining Board--even if the crime itself would not have triggered such penalties. Such actions could range from reprimands to license suspension or even revocation, depending on the nature of the offense and the circumstances surrounding your failure to report.
For Initial Licensure and Renewal Applications
If you're applying for a new pharmacy license or renewing your existing one, the DSPS requires you to complete specific forms that address criminal history. These forms mandate the disclosure of any recent convictions as well as all "pending charges." While the term "pending charges" explicitly covers situations where legal proceedings are ongoing, it inherently includes the disclosure of arrests that resulted in such charges.
This level of transparency allows the Board to investigate whether any recent legal issues may indicate unprofessional conduct or behaviors that conflict with the responsibilities of a licensed pharmacist. Even if charges are eventually dropped or you are acquitted, failure to disclose them could lead to disciplinary measures for non-compliance.
Is There a Criminal Background Check Requirement for Pharmacists?
Unlike many states that mandate criminal background checks for most professional licensing applications, Wisconsin has specific anti-discrimination laws that generally restrict the consideration of "conviction records" in occupational licensing. These protections are designed to provide individuals with a fair opportunity to obtain or maintain professional credentials, regardless of past convictions. The one important exception is for criminal offenses that have a "substantial relationship" to the practice of the profession in question. These offenses can still be considered by licensing authorities during reviews or decisions.
As a result, the DSPS relies mainly on the self-disclosure forms mentioned above to review criminal histories and only conducts criminal background checks on pharmacists in limited circumstances—namely, if there is reason to suspect that a pharmacist or pharmacy license applicant has failed to fully self-disclose required information about criminal convictions or arrests. This selective approach ensures that any investigation is both targeted and compliant with the state's legal standards.
Wisconsin's Alternative-To-Discipline Option for Pharmacists
Wisconsin understands the unique challenges healthcare professionals, including pharmacists, may face when dealing with substance abuse. To provide support, the state offers the Professional Assistance Procedure (PAP), a program designed as an alternative to standard disciplinary actions. This initiative enables pharmacists grappling with substance use disorders to receive help and remain accountable without automatically triggering punitive measures from the Wisconsin Pharmacy Examination Board.
Through PAP, pharmacists can access a confidential, structured recovery program. For those whose substance use contributed to legal troubles, voluntarily joining PAP may delay or even prevent disciplinary actions that the Pharmacy Examination Board might otherwise impose. The program focuses on treatment and recovery, aiming to uphold public confidence in the pharmacy profession. Participants may be subject to monitoring, regular evaluations, and other compliance requirements, but they gain the chance to continue practicing while working on their recovery.
Possible Disciplinary Actions for Pharmacists in Wisconsin
If a criminal conviction is substantially related to the practice of pharmacy--or if an arrest is tied to unprofessional conduct--these can lead the Wisconsin Pharmacy Examination Board to initiate an investigation or hold a hearing, but they don't automatically result in license revocation. Each case is evaluated on its own merits, with attention given to factors such as the seriousness of the offense, any history of prior incidents, and the individual's conduct throughout the process. Depending on their findings, the Board may choose from a range of disciplinary measures, including:
- Issuing an official reprimand.
- Levying fines or other penalties.
- Placing your license on probation with specific terms or conditions.
- Temporarily suspending your pharmacy license.
- Permanently revoking your license in particularly severe cases.
When disciplinary action is on the table, pharmacists might have the opportunity to negotiate for less severe consequences through a "stipulation" agreement. Alternatively, they can contest the Board's findings through a formal administrative hearing. However, it's critical to note that even minor penalties become part of your public record, potentially affecting your reputation and complicating future employment or licensing opportunities.
To protect your career and carefully manage the situation, it's imperative to tackle both the criminal and professional implications head-on. Partnering with experienced legal counsel can make a significant difference in safeguarding your reputation and planning for the future.
Why You Need More than Just a Criminal Defense Attorney
Getting arrested as a pharmacist in Wisconsin can feel overwhelming, especially since it often involves dealing with two distinct legal systems: the criminal justice system for the charges themselves, and the administrative law system for any repercussions to your professional license. While a criminal defense attorney can help you navigate the criminal charges, they may lack the legal knowledge required to handle the professional licensing issues that arise with the Wisconsin DSPS. Without proper legal representation in both areas, your pharmacy career could be at serious risk, even if your criminal case results in a minor penalty or is dismissed altogether.
The Pharmacy Examination Board uses a significantly different standard of proof from that used in criminal court. Instead of the "beyond a reasonable doubt" standard applied in criminal trials, the Board relies on a "preponderance of the evidence" standard, which is a much lower bar of proof. Essentially, the Board can take action against you if they believe it is more likely than not that you committed the violation (commonly referred to as "50 percent plus a feather"). This means disciplinary actions can potentially be taken against your license regardless of whether the behavior in question leads to a conviction--and of course, being convicted of a crime "substantially related" to pharmacy will likely result in both criminal penalties and actions taken against your license. Thus, to safeguard your career and livelihood during this crisis, it's in your best interests to hire separate legal representation to negotiate a resolution with the Pharmacy Examination Board.
The Professional License Defense Team at the Lento Law Firm has extensive experience assisting pharmacists nationwide with licensing issues stemming from criminal arrests. Our services include:
- Explaining your self-reporting obligations as required under Wisconsin regulations.
- Acting on your behalf in all interactions with the Wisconsin Pharmacy Examination Board.
- Analyzing the specific allegations against your license and assessing their potential impact on your career.
- Working to negotiate reduced or eliminated penalties with the Board.
- Providing robust representation in formal administrative hearings, if necessary.
If you're a pharmacist in Wisconsin facing challenges after an arrest, you don't have to manage this alone. The Lento Law Firm is here to defend your license and safeguard your future. Contact us today at 888-535-3686 or reach out using our online contact form to schedule a consultation.
