As the people responsible for filling prescriptions under doctor's orders, pharmacists are trusted with a great deal of responsibility. It is a position that requires you to work with a high level of professionalism, ethics, and unerring accuracy. Accordingly, the Louisiana State Government has a licensing process for pharmacists that is controlled by the Louisiana Board of Pharmacy.
You cannot hold a Louisiana Pharmacist License unless you meet the Board of Pharmacy's educational requirements, pass a rigorous state examination, and complete an internship. That is in addition to a criminal background check. Meeting these requirements is the culmination of a lifetime of study and preparation. If you put in the time and effort necessary to obtain a pharmacist license, you know that license is your livelihood. The board can take it all away.
The Board of Pharmacy has the authority to investigate you and suspend your license if they believe you have violated their rules. These sanctions can range from a public reprimand to a temporary or even permanent suspension of your pharmacist license. If you receive notice of a complaint or investigation, contact the Nationwide Professional License Defense Team at the Lento Law Firm at 888-535-3686 or contact us online immediately.
Take Board of Pharmacy Investigations Seriously
Never forget that the board's mission is to protect the public, not your license. Defending yourself is your responsibility if you are facing a Board of Pharmacy investigation for any infraction. It's up to you to convince the board that you pose no danger to the public and that you should be able to keep your license. The consequence of failure is license discipline that could permanently damage your reputation.
Even if the Board decides not to suspend your license and agrees to alternative discipline, such as a consent decree, the complaint, investigation, and discipline become matters of public record. In other words, even minor board discipline could have a very negative effect on the rest of your career. That is why it's so important to take any Board of Pharmacy investigation seriously and be proactive about defending your license.
Yes, the board can investigate pharmacists, their narcotics inventory, and distribution records. However, you always have the right to due process and to defend yourself against any misconduct investigation. The sooner you begin taking steps to defend your license, the more likely it is you can positively affect the result. The worst thing you can do is nothing.
Protect Your Right to Due Process
Not responding to a complaint empowers the board to hold a default hearing and sanction your license without any input from you. With that said, successfully defending Louisiana pharmacist licenses against a board complaint requires a high level of skill and experience. Remember, it won't be a jury of your peers deciding your case. It will be Board of Pharmacy members who are more concerned with public welfare than what's right or fair for you.
You Have the Right to Professional License Defense
The Professional License Defense Team at the Lento Law Firm has successfully defended professional licenses in jurisdictions all over the country, and we can help you defend yours. We take a comprehensive approach to license defense, and our mission is simple: mount a vigorous defense of your license and achieve the most positive outcome possible in your case.
Our Professional License Defense Team can help guide you through the entire complaint and hearing process. We will help you with everything from preparing formal responses to the charges against you to searching for and entering evidence in your favor at the hearing. If the Board of Pharmacy brings witnesses to the hearing, our team can also help you challenge their testimony.
We Explore Every Option for Our Clients
Another part of our comprehensive approach to license defense includes having discussions with the Board of Pharmacy about alternatives to suspension or other public sanctions. If we can reach a mutually agreeable arrangement that allows you to keep working, we consider that as a win. This is not possible in every case, but we will exhaust every option in defense of your license.
A well-planned and well-executed license defense strategy is no less than you deserve. After spending so many years building your career, it would be a shame to let one misunderstanding or perceived indiscretion result in all of it being thrown away. We will work as hard to defend your license as you did to get it, and your well-being is our Professional License Defense Team's top priority.
How Does Louisiana's Pharmacy License Discipline Process Work?
The pharmacy license discipline process in Louisiana works under the rules established in the Louisiana Administrative Code. Under the code, the Board of Pharmacy has the authority to start an investigation of its own volition or after the board receives a formal complaint from a concerned citizen. Upon receipt of the complaint, the Board (or board staff) will review it to decide whether there are “grounds” to believe a violation has taken place.
The Investigation Phase
If the board finds grounds to believe a violation may have occurred, they will investigate and create a report that includes the pharmacist's name, the pharmacist's address, the nature of the complaint, and any supporting evidence.
The Board of Pharmacy or their investigative staff may contact you, or your coworkers, to conduct formal interviews about the complaint. They may also request other evidence, such as your records and receipts. It is important to be proactive while this is going on.
Failure to respond to a formal request for an interview or provide information requested by the Board of Pharmacy during an investigation can result in you being held in contempt. The reality is that it's a lot to keep track of while you simultaneously manage your career and home life. Responding to board requests is another area where the Professional License Defense Team at the Lento Law Firm can help.
Hearing and Discipline
If the Board's investigative staff believe they have uncovered sufficient evidence that a violation has occurred, they will send their report to the Violations Committee. The Violations Committee can then decide to pursue one of the following three courses of action:
- Hold an informal hearing with the pharmacist that is the subject of the complaint.
- Set a date for an administrative hearing, which will function as a trial for the pharmacist who is the subject of the complaint.
- Have an interlocutory hearing, which is an emergency hearing, to take immediate action if the pharmacist poses an imminent danger to the public.
The Violations Committee considers several factors when deciding their next step after receiving a complaint. A partial list of these factors includes:
- The seriousness of the alleged violation.
- The pharmacist's disciplinary history.
- The scope of the alleged violation (e.g., was this a one-time violation or a pattern and a practice of wrongdoing?)
- The degree to which the pharmacist cooperated with the committee during the investigation.
- The severity of the proposed sanctions.
- The likelihood that the sanctions will prevent future violations.
The Board of Pharmacy Has the Burden of Proof
It is important to note that the burden of proof always lies with the Board of Pharmacy in any disciplinary action. They must produce a preponderance of evidence that you have violated the administrative code before you can be disciplined. It should be noted, however, that the preponderance of evidence standard in violation hearings is lower than the beyond a reasonable doubt standard that applies at criminal trials.
You also have the right to enter evidence on your behalf and question the witnesses against you. Our nationwide Professional License Defense team can stand for you at that hearing and challenge the evidence against you. After the hearing, the violations committee can vote to dismiss the complaint by a majority vote or forward it to the full board.
The full board's decision will be based on a majority vote, and they will notify you in writing of their decision within 30 days. If you disagree with the board's decision, you may seek judicial review within 30 days. Our Nationwide Professional License Defense Team can also help you with this process.
What are the Potential Sanctions?
The Board of Pharmacy has wide latitude when it comes to handing down discipline for a violation. They can suspend your license for a pre-determined period, indefinitely, or, in the case of severe violations, the Board of Pharmacy can revoke your license permanently. Other options include placing your license on a probationary status for a given period.
There is also the possibility that our Professional License Defense Team can negotiate a consent decree with the Board of Pharmacy. Under a consent decree, you agree to follow certain steps set forth by the board in place of further discipline. Consent decrees must be approved by the board, and failure to abide by the terms of a consent decree can result in reinstatement of the original sanctions and lead to additional penalties.
What Kind of Infractions Could Cost You Your Pharmacist License?
Pharmacists, like all licensed professionals in Louisiana, must always hold themselves to the highest standards of conduct. That means there is a host of potential violations both on and off the job that could expose you to disciplinary sanctions. Some examples of on-the-job professional violations include:
- Inadequate Record Keeping-As a pharmacist, you are responsible for the safe, orderly distribution of controlled substances. That means you must keep 100% accurate and up-to-date records of all the drugs in your pharmacy. Failure to maintain these records or make them available to Louisiana Board of Pharmacy staff on request can be grounds for sanction.
- Improper Distribution of Pharmaceuticals-Distributing controlled substances to anyone without a prescription is illegal in Louisiana. If the board believes you are distributing drugs from your pharmacy on the illegal market for profit or giving them to people who don't have prescriptions (e.g., friends or family), your license, and your freedom could be in jeopardy.
- Sexual Harassment- Preventing sexual harassment in the workplace has become an important goal for regulatory agencies nationwide, and the Louisiana Board of Pharmacy is no different. If a current or former employee makes credible allegations of sexual harassment against you, your license could be at risk.
- Impairment- A pharmacist under the influence of alcohol or drugs poses an immediate risk to public safety. If the Board of Pharmacy has reason to believe you are working while impaired, they can take drastic action and suspend your license very quickly through an interlocutory hearing.
- Improper Kickbacks- Arrangements where you receive compensation for referring patients to a particular healthcare provider or compensate someone else for directing patients to you, or your pharmacy, are prohibited.
In addition to these job-related violations, there are behaviors you can engage in off the job that could result in discipline against your pharmacist license. Examples of potential violations include:
- Criminal Activity- You must report criminal convictions to the Louisiana Board of Pharmacy. This doesn't apply to minor traffic infractions; it does apply to DUIs and other criminal convictions. Failure to promptly report criminal convictions to the board is a violation. This includes convictions outside of Louisiana.
The Lento Law Firm for Pharmacy License Defense in Louisiana
Being a licensed pharmacist is an honor that you earned with a lifetime of learning, studying, and focus. Getting your license was a milestone in your life, and one misunderstanding or accounting error doesn't have to result in you losing that hard-earned license to board sanctions. You have a legal right to defend your pharmacist license in Louisiana, and the Professional License Defense Team at the Lento Law Firm can help.
No matter what the board complaint says, our team can collaborate with you to craft a strategy that gives you the best chance to keep your license and preserve your professional reputation. We will manage the mountains of paperwork and deadlines that come with license hearings so you can keep focusing on your job.
The Lento Law Firm will use all the wisdom we have acquired in our many years defending professional licenses and explore every option that allows you to continue doing your life's work. Don't try to face the Louisiana Board of Pharmacy by yourself. It's not a fair fight. Call the Professional License Defense Team at the Lento Law Firm at 888-535-3686 or contact us online today!
