As with just about anywhere else in the country, the State of Colorado has an ongoing need for licensed pharmacists--whether in Denver, Colorado Springs, Grand Junction, Durango, or elsewhere in the state. As a licensed Colorado pharmacist, you're providing a vital public health service. At the same time, this profession is, by necessity, highly regulated and monitored. And for this reason, all it may take is a single complaint to derail the career you've worked so hard to build.
Colorado has a detailed set of laws and regulations by which pharmacists must abide (including, but not limited to, the Pharmacists, Pharmacy Business, and Pharmaceuticals Practice Act. The State Board of Pharmacy is authorized to enforce these rules and to discipline pharmacists it believes have violated these rules. If you're accused of misconduct, not only could you potentially have your license suspended or revoked, but any disciplinary action taken also becomes part of your public record, available to view on a searchable database.
Regardless of how the allegations originated (e.g., misunderstandings, an honest mistake, or a false accusation made out of spite), the threat to your pharmacist's license cannot be overstated. The State Board of Pharmacy prioritizes public safety, which means they may err on the side of caution when making decisions about your license. Only with the help of a seasoned professional license defense attorney can you improve your chances for a favorable resolution that preserves your practice and your career. At the Lento Law Firm, our Professional License Defense Team has nationwide experience helping licensed pharmacists in your situation. We possess a thorough understanding of the State Board of Pharmacy and the Colorado regulations governing your profession. Call the Lento Law Firm today at 888-535-3686 or visit our website to submit an online form.
Possible Disciplinary Actions Against Pharmacists in Colorado
The State Board of Pharmacy in Colorado is under the umbrella of the Colorado Division of Professions and Occupations (DPO), which oversees licensure for over 55 professions statewide. The Board has the authority to issue licenses, enforce standards of practice, and carry out disciplinary measures as necessary, including the suspension or revocation of licenses.
If you're accused of wrongdoing, the DPO will initiate an investigation and hearing process. If the Board concludes from that investigation that you have violated the state's pharmacy practice regulations, you may face one or more of the following sanctions:
- Public reprimand: A formal warning from the Board, which becomes part of your professional record.
- Fines: Monetary penalties reflecting the severity of the violation.
- Probation: A period during which the Board closely monitors your professional conduct.
- Continuing education: You may be required to fulfill additional educational requirements to bridge any knowledge or skill gaps.
- License suspension: Either a temporary or permanent halt on your practice rights, possibly with conditions attached for reinstatement.
- License revocation: A complete and permanent termination of your pharmacist license, effectively barring you from practicing in the state.
Why Your Innocence of the Complaint Will Not Protect You
As much as we all like to believe that "the truth will come out" and that false accusations will come to nothing, the truth is much more complicated when it comes to license discipline. The Colorado DPO regulatory system is flawed at best (like so many other systems), and the State Board of Pharmacy is capable of making errors, both during the investigation and determination processes, that could cause you to lose your pharmacist license even if you are fully innocent. This can happen for a number of reasons:
- Oversights during investigation: Important evidence or testimonies that could clear your name might be missed.
- Initial bias: Prejudgments on the part of the Board could influence the proceedings from the start.
- Selective evidence consideration: Evidence that could prove your innocence may be wrongfully disregarded or not considered.
This is just one reason why it's so important to have an experienced legal team on your side when facing allegations of professional misconduct. The Professional License Defense Team at the Lento Law Firm is well aware of these challenges and is prepared to guide you toward a favorable outcome with the Board.
Common Threats to Pharmacist Licenses in Colorado
Pharmacists are entrusted with a crucial aspect of patient care: the precise dispensing of medications. This responsibility demands adherence to the highest standards of professionalism and ethics. Allegations of misconduct, which can lead to disciplinary actions such as license suspension or revocation, often stem from:
- Professional Incompetence: Errors in medication dispensing directly affect patient health and safety. Mistakes in dosage, drug selection, or inadequate patient counseling can lead to serious consequences.
- Inadequate Record-Keeping: As dispensers of controlled substances, pharmacists must keep flawlessly accurate records. Discrepancies in inventory can raise suspicions of misuse or unauthorized distribution.
- Fraudulent Practices: Activities like overbilling, unauthorized drug substitution, or false medication billing can threaten your licensure.
- Overprescribing Opioids: Given the rise of the opioid epidemic, prescribing large amounts of these and other controlled substances can raise red flags.
- Substance Abuse: Addiction issues that impair your professional performance may lead to disciplinary action.
- Criminal Convictions: Certain criminal convictions, even if unrelated to pharmacy practice, can jeopardize your license. Not reporting these convictions also constitutes a violation.
- Violations of Patient Privacy: Failing to uphold patient confidentiality via HIPAA regulations can result in severe penalties, including license loss.
- Improper Delegation: Only licensed pharmacists should perform certain tasks; assigning these tasks to unqualified personnel compromises patient safety and professional integrity.
- Other Unprofessional Conduct: The Board can discipline pharmacists for a variety of other acts considered unprofessional, such as gross negligence or acts of moral turpitude, even without resulting in criminal charges.
Navigating the Disciplinary Process for Colorado Pharmacists
The Division of Professions and Occupations (DPO) in Colorado has a structured protocol to address disciplinary matters for licensed professionals, including pharmacists. If you're accused of misconduct, here's a brief overview of the disciplinary process.
Complaint
In most cases, disciplinary processes are triggered by a complaint lodged with the DPO. While anyone can file a complaint, for pharmacists, these often come from patients, their families, colleagues, or other healthcare professionals.
Investigation
After the DPO confirms the complaint falls under its jurisdiction, an investigation follows. Minor issues might be resolved by the Board directly, whereas more significant accusations are handed over to the DPO's Office of Investigations. An investigator will gather evidence, which includes interviewing involved parties, subpoenaing relevant documents, and other investigative measures to determine if there's substantial evidence supporting the complaint.
Board Review and Decision
Next, the State Board of Pharmacy examines the investigator's findings to decide if there's probable cause for misconduct. Should they find disciplinary action warranted, the case could either move to the Office of Expedited Settlement for negotiation or to the Office of the Attorney General for a formal hearing.
- Expedited Settlement: In instances where evidence strongly indicates misconduct, the case might proceed to the Office of Expedited Settlement to work out a stipulated resolution with you based on the Board's findings. This step allows for negotiation, potentially enabling more favorable terms or a path to reinstating your credentials. However, a stipulated resolution is effectively an admission of guilt and is legally binding, so you shouldn't sign one without the counsel of a license defense attorney. The Lento Law Firm Team has broad experience with negotiating favorable and fair stipulations with the Board.
- Formal Hearing: Should expedited settlement not be an option or if agreement terms cannot be reached, the next step is a formal hearing led by the Attorney General. This hearing provides a platform to present your side of the story, supported by evidence. The outcome of this hearing could influence the Board's final decision and subsequent actions. For best results, your license defense attorney should represent you at the hearing.
Conclusion of the Process
The disciplinary process concludes once a settlement is reached or a final decision is made after the hearing. Compliance with any imposed sanctions or conditions is mandatory at this stage.
Throughout this journey, there are pivotal moments where a skilled license defense attorney can significantly impact the outcome. The Professional License Defense Team at the Lento Law Firm knows how to navigate this process, employing negotiation skills that often prevent the need for formal hearings and work towards a more favorable resolution for you.
Areas We Serve in Colorado
Our license defense services are available to pharmacists all across Colorado, both in urban and rural areas. Many of our clients are in the more populated areas, like the I-25 corridor along the Front Range, but we represent professionals all across the state, including (but not limited to) the following areas:
Denver: As Colorado's capital and most populous city, Denver is home to more than 700,000 people, but the surrounding metro area has a population of more than 2.8 million. Nestled against the majestic backdrop of the Rocky Mountains, Denver is renowned for its vibrant culture, dynamic economy, and commitment to innovation, offering a unique blend of urban sophistication and outdoor adventure.
Colorado Springs: Located about 70 miles south of Denver, Colorado Springs is the second-largest city in the state, with a population of over 480,000. Surrounded by picturesque mountains and known for its mild climate and natural beauty, Colorado Springs offers a high quality of life with a lower cost of living compared to many other major cities.
Fort Collins: Situated about an hour north of Denver, Fort Collins is a thriving city with over 170,000 residents. Home to Colorado State University and known for its craft breweries, outdoor recreation opportunities, and diverse cultural scene, Fort Collins offers a unique blend of small-town charm and urban amenities.
Grand Junction: Located on Colorado's "western slope," Grand Junction is a picturesque city surrounded by stunning red rock formations and the Colorado National Monument. With over 63,000 residents, Grand Junction offers a laid-back lifestyle and plenty of outdoor recreational activities.
The Lento Law Firm: Protecting Your Future in Pharmacy in Colorado
When stepping into the disciplinary process, pharmacists often find themselves at a disadvantage from the start. The presumption of innocence is not a luxury afforded in these cases, and the Board may deem you responsible based only on the preponderance of the evidence standard. Given the Board of Pharmacy's primary concern for public welfare, they may lean towards revoking a license rather than risking potential harm. However, enlisting a skilled professional license defense attorney can significantly tilt the scales toward a more positive resolution.
The Professional License Defense Team at the Lento Law Firm is dedicated to safeguarding your career and your pharmacist license. Our strategy includes a comprehensive analysis of the accusations against you, thorough evaluation and support in gathering evidence, arranging for witness testimonies if necessary, and negotiating with the Board at multiple points to secure favorable terms. Often, our proactive involvement can prevent the progression to a formal hearing. Should a hearing be unavoidable, we are committed to defending you vigorously to secure the best possible outcome.
Act Now to Protect Your License
For pharmacists facing misconduct allegations in Colorado, taking action at the first sign of trouble can markedly improve your chances for a favorable resolution of your complaint. Delaying seeking legal advice until a formal hearing appears inevitable can cause you to miss multiple opportunities to resolve the complaint at the early stages. Through early intervention, the Lento Law Firm Team can explore a broader spectrum of strategies to negotiate the most beneficial outcome for you.
Don't let everything you've built be put at risk by unfounded or exaggerated claims of misconduct. If you're navigating challenges to your professional license, call the Lento Law Firm today at 888-535-3686 or fill out our online form to discuss how we can protect your livelihood.
