Licensed pharmacists working in the Cincinnati Metro Area play a critical role in the healthcare system, from managing medications and educating patients to protecting public health. On the back of years of education, industry exams, and compliance with state licensing regulations, pharmacists can enjoy a long, rewarding career. However, pharmacists remain vulnerable, and a single complaint or allegation of misconduct can threaten all that time and effort.
Whether failing to advise patients on medication effects, engaging in drug diversion, or breaching professional conduct standards, pharmacists must take every possible step to protect their credentials. No matter how minor the allegations, regulatory authorities won't hesitate to hand down discipline, and without assistance, adverse action on a license can lead to situations like the following:
- Demotion from your position as a supervising pharmacist because of restrictions placed on your license
- Losing your job working at a clinic because of a license suspension leaves you without the ability to practice
- Being forced to find work in another industry after a license revocation
When complaints or allegations arise, there's no reason to manage the disciplinary process alone. The Lento Law Firm Professional License Defense Team stands prepared to help pharmacists in the Cincinnati Metro Area defend against sanctions. Our attorneys recognize the intricacies of administrative procedures that address violations, including how many are left vulnerable to career-changing restrictive measures and the loss of their ability to practice. Call the Lento Law Firm at 888-535-3686 now to begin building a plan to safeguard your future or fill out our confidential online consultation form.
Pharmacists in the Cincinnati Metro Area
While the Cincinnati Metro Area is centered around Ohio's third-largest city and the surrounding six counties, it also encompasses four counties in Indiana and another eight in northern Kentucky, anchored by the City of Covington. Depending on where pharmacists live or work, they may have oversight through:
Although pharmacists have an occupational focus on dispensing medication and controlled substances, they work in diverse settings. For instance, at regional or national chains like CVS, Walgreens, Rite Aid, and Walmart, as well as individually owned local drug stores, large medical centers, expansive health networks, educational institutions, and others.
Being a licensed pharmacist gives individuals access to a wide array of employment opportunities, which is a major reason why it's vital to understand the implications of disciplinary action. Punishment—even for something as seemingly minor as mislabeling medication—can cost anyone their job.
A strong defense begins the moment accusations are made, which is when licensing boards begin the disciplinary process. When the state's Board of Pharmacy advises that a complaint has been filed and an investigation begins, the process will continue whether licensees participate or not. In most cases, if they ignore it, licensees are likely to face sanctions that can result in license suspension or revocation, making it difficult to rejoin the field.
Prohibited Conduct for Pharmacists
Each Board of Pharmacy governing professional in the Cincinnati Metro Area (Ohio, Indiana, and Kentucky) enforces its respective state's law related to medical guidelines and the treatment of controlled substances. Moreover, boards maintain guidelines on how licensees must conduct themselves on the job and sometimes in their personal lives.
Although Cincinnati area pharmacists may have their license granted through one of three states, each will have very similar codes of conduct. There is a myriad of potential grounds that the board can use as a reason for imposing disciplinary sanctions. In Ohio, these include but are not limited to the following:
- Engaging in dishonesty or unprofessional conduct
- Advertising or displaying signs that promote dangerous drugs to the public in a manner that is false or misleading
- Felony convictions, crimes of moral turpitude, or misdemeanors related to the pharmacy practice
- Addiction to alcohol or drugs that affect the ability to practice
- Knowingly dispensing false or forged prescriptions
- Failing to maintain complete and accurate records of all dangerous drugs received or dispensed in compliance with federal and state laws
Yet, states do diverge on some provisions. For example, the Kentucky Board of Pharmacy gives licensees 14 days to notify the board of information changes, whereas Ohio only provides 10 days. Regardless, all accept public complaints.
Complaint Procedures
Complaints against pharmacists can cover any issue that the person filing (the complainant) wants to raise with the state's Board of Pharmacy. Grievances are submitted through the board's online portal, but they can also be accepted in written form. Although boards may accept anonymous complaints, they normally require a named complainant to proceed with formal disciplinary action.
The Board of Pharmacy will only pursue complaints that potentially reflect the pharmacist's violation of the laws, rules, or regulations that apply to their practice. Critically, the board will not investigate workplace disputes between licensees or pricing disputes between pharmacists and customers. However, it can also forward the complaint to a department or regulatory body that has jurisdiction. For instance, the Indiana Professional Licensing Agency (which oversees the state's Board of Pharmacy) will direct ethical business compliance concerns, such as pricing disputes, to the Better Business Bureau.
In some cases, boards may launch an investigation only to discover information that leads them to decide not to pursue discipline against the pharmacist named in the complaint. But it can also lead to them keeping the unveiled information for future purposes, which can implicate licensees if additional or future complaints arise.
Disciplinary Investigations
Whenever a pharmacist becomes the subject of a disciplinary investigation, the board will send them a notification that includes some information about the complaint. It will likely explain the nature of the grievance, such as regulations allegedly violated, a short explanation of the complainant's account, and the opportunity to meet with the board's investigator or their staff. The investigator, who is often hired by the board or from the state attorney's office, will interview the pharmacist to record their account of the alleged incident or violation.
The board investigator may pose questions such as:
- What is your recollection of the events leading up to the complaint?
- What protocols do you use when dispensing medication or regarding other pharmacy duties?
- Were there any deviations from official protocols, and have similar incidents happened before?
- What have you done to address the incident or prevent its future occurrence?
These interviews can be highly intimidating and stressful. Most aren't familiar with the pressure of responding to questions from investigators. Many may feel worried that they could inadvertently implicate themselves due to the gravity of the situation. Yet, when you're working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, we can prepare you for this uncomfortable but necessary experience.
Our firm helps you understand what kinds of questions to expect and will show you how to listen carefully and focus on what the investigator is asking. We will take time to coach you on how to take your time to consider the question and focus your answer. One of our attorneys can also be with you during the interview to help make sure inquiries are fair and clear.
Investigators will likely request documents in addition to your interview as a means to further substantiate the allegations. Whether they require dispersed drug logs, patient information, communication with primary care providers, or even the pharmacist's compliance records, our attorneys will ensure you gather and provide them promptly to fully cooperate. Failing to respond to or comply with investigative staff within specific timeframes can land pharmacists in more trouble. We prevent that while working to support your best outcome.
Informal Discipline and Requesting a Formal Hearing
Following the investigation, the board reviews a report and will decide whether to dismiss the complaint, hand down informal discipline, or file formal charges against you. Sometimes, the board may look to reach a settlement agreement with a licensee. It typically involves a pharmacist admitting responsibility for the allegations and accepting sanctions.
Some may think that informal discipline is less severe, but that is a common misconception. This means that pharmacists are disciplined without the chance to defend themselves at a formal hearing. Only during a formal hearing can licensees access all due process rights afforded to them.
When the board files formal charges, individuals will receive a notice that includes the laws under which they are charged. Upon receiving the notice, pharmacists have the right to request a formal hearing.
Board of Pharmacy Formal Hearings
If pharmacists request a formal hearing, a time and date are scheduled for both sides to present evidence and witnesses, and they can have the chance to contest and cross-examine. Our experienced attorneys understand what the board must prove and can identify weaknesses in the case against you, such as lack of intent, rehabilitation, or other mitigating factors. Board hearings are governed by detailed administrative rules and procedures, with clear evidentiary standards and timelines. We ensure strict compliance, protecting licensees from errors that could harm the outcome of their case.
Procedures take place before a hearing officer or an administrative law judge, during which our firm presents your case, cross-examines the board's witnesses, and objects to improper inquiries or unrelated evidence. We can also introduce expert testimony or character references to support your position and challenge the board's interpretation of events.
Following the hearing, the hearing officer submits a written report. Both parties can submit objections (typically within a 10-day timeframe for consideration). The board reviews the report and any objections before it issues its decision.
Potential Disciplinary Outcomes
Each state's Board of Pharmacy has a range of possible sanctions that it can impose on licensees. Ohio, Kentucky, and Indiana may differ slightly on the amount of monetary penalties associated with substantiated violations, but each may impose the following against pharmacists:
- Censure or Reprimand: an expression of official disapproval that is an official record that the license has been disciplined. The censure itself does not affect the status of the license or the licensee's ability to practice but is often used in conjunction with other sanctions.
- License Probation: the pharmacist may be required to take certain steps, such as continuing education or remedial courses, and limit their practice until the board lifts restrictions.
- License Suspension: the pharmacist may not practice for a set period of time (between six months and five years) until they meet certain requirements, demonstrate rehabilitation, and apply for reinstatement.
- License Revocation: a full prohibition on practicing in the state, with or without the opportunity to reapply at a later date.
Although appealing board decisions is a potential avenue of redress, it is normally only allowed under limited grounds, such as procedural errors or new evidence emerging following board action. Nevertheless, our goal when defending pharmacists is to resolve the matter in a way that allows them to continue practicing unaffected by the allegations. Therefore, the best chance for licensees to lessen the impact of a complaint is to contact the Lento Law Firm as soon as it has been filed.
Cincinnati Metro Area Pharmacist License Defense
Whether you're working as a pharmacist in one of the larger cities in the Cincinnati Metro Area, such as Hamilton, Covington, Middletown, Fairfield, or Cincinnati itself, or one of the surrounding municipalities, such as Alexandria, Oxford, Florence, Wilmington, or Springboro, you need a strong defense. The Lento Law Firm's Professional License Defense Team has years of experience assisting pharmacists and other medical professionals in Ohio, Kentucky, and Indiana to defend against complaints and misconduct allegations.
Our firm is an invaluable resource for protecting the investments made in a long, rewarding medical career. We have a deep understanding of the laws, rules, and regulations that apply to pharmacists and know what it takes to defend your ability to practice. If you're on staff at a multi-campus health center in Cincinnati, at a standalone pharmacy in Covington, or anywhere throughout the metro area licensed to dispense medication, contact our team to understand what you and your license are up against before the disciplinary process begins. Call the Lento Law Firm Professional License Defense Team now at 888-535-3686 or visit our confidential online consultation form, and we will reach out to you.
