Beginning a career as a pharmacist in Michigan’s Grand Rapids Metro Area commonly places licensed professionals among the highest earners. With starting salaries in the six-figure range, the years of education, exams, and clinical training become palpably worthwhile as they settle into a long and rewarding career. However, a single complaint or license violation can decimate future prospects.
Documentation discrepancies, record-keeping errors, drug dispersion inaccuracies, and other alleged violations are serious issues. Even first-time complaints and minor lapses in judgment can trigger a formal investigation. Disciplinary action from state authorities is more than just a professional inconvenience and can lead to the following dire situations:
- Restrictions on supervising interns because of license probation
- Mandatory education requirements that harm your professional reputation
- The loss of a job as a pharmacist in the Grand Rapids area because of a license suspension or revocation
With your career on the line, don’t handle the disciplinary process alone. When authorities begin their investigation, protect your license to practice with the LLF National Law Firm. Our Professional License Defense Team is well-known in the Grand Rapids Metro Area for standing by pharmacists when complaints arise. We give peace of mind in protecting the credentials to work when threatened by alleged violations. Call the LLF National Law Firm at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
Pharmacists in the Grand Rapids Metro Area
It may seem that pharmacists have a narrow concentration in safely dispensing medication and controlled substances, but they work in a wide variety of job settings. For instance, with large institutions like the University of Michigan Health and Select Specialty, or in smaller clinics like Family Fare and Corewell Health. Far more find lucrative opportunities at one of the many regional chains like Costco, Walgreens, and Walmart, as well as other local pharmaceutical businesses like HomeTown Pharmacy, D&W Pharmacy, and many others.
All licensed professionals in Grand Rapids and throughout Michigan are overseen by the Department of Licensing and Regulatory Affairs (LARA). Yet, the Michigan Board of Pharmacy (Board) and its eight-member panel create the rules that direct every facet of the practice. The Board manages protocols for supervision hours, approving continuing-education content, defining professional duties, and imposing sanctions on pharmacists found responsible for misconduct.
Prohibited Conduct for Pharmacists
In Michigan, licensed pharmacists are held to strict standards of professional conduct—both at and outside of the profession. Any deviation from Board expectations likely constitutes prohibited or unprofessional conduct subject to investigation and discipline.
Violations are wide ranging, containing both medical and occupational factors, such as protocols for dispensing medication versus allegations of theft or sexual harassment. Although it is not an exhaustive list, some of the prohibited conduct subject to sanctions includes:
- Betrayals of professional confidence
- Promotions for personal gain of an unnecessary drug, device, treatment, procedure, or service
- Being unfit or incompetent to practice pharmacy
- Having been convicted, found guilty, or pled “no contest” to a crime that directly relates to the ability to practice pharmacy or to the practice of pharmacy
- Convictions of misdemeanors wherein the sentence exceeds two years
- False or misleading advertising
- Receiving discipline from a regulatory agency in another jurisdiction
- Breaching patient or client confidentiality
- Permitting prescriptions dispersal by a pharmacist intern, except in the presence and under the personal charge of a licensed pharmacist
- Selling at auction drugs in bulk or in open packages unless the Board has approved the sale
Pharmacists have a duty not only to remain accountable to Board and LARA standards but also to ensure their professional peers maintain responsibility. Subsequently, failing to report violations—whether committed or witnessed—is a primary way to trigger an investigation.
Complaint Investigations
Many times, the disciplinary process begins with a complaint. Anyone can file a complaint against licensed pharmacists—coworkers, supervisors, facility staff, patients, and even community members. Grievances can range from failure to provide accurate pharmaceutical information, filing false reports, or alleged drug diversion.
All complaints are submitted to LARA’s Bureau of Professional Licensing (BPL), which reviews the matter to decide if the complaint is an occupational concern or a public health code concern. Following the review, BPL will move forward with one of the following:
- Request authorization from the Board to investigate the complaint
- Close the complaint with no further action
- Close and refer the matter to another state agency or entity if the complaint is not within the jurisdiction of BPL or LARA
BPL personnel then acknowledge the inquiry to the reporting party (complainant) and the subject of the complaint (respondent) within 15 days. Within 30 days, the department’s investigative unit conducts a full inquiry into the information provided.
How Should You Handle Investigations?
Interviews with department investigators can be unnerving. Pharmacists may not be familiar with the pressure of responding to questions and feel that they could inadvertently implicate themselves in something they didn’t really do. For instance, investigators could ask potentially leading questions like:
- Where do you store record-keeping materials like drug logs, time sheets, inventories, etc.?
- Were there any deviations from official protocols related to dispensing medication or other pharmacy duties?
- What have you done to address the allegations or prevent them from happening again?
Despite their daunting nature, when you’re working with one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team, uncomfortable experiences like department investigations can support your best outcome. Our firm helps you understand what kinds of questions to expect and will take time to coach you on how to consider the question and focus your response. One of our attorneys can also be with you during the interview to help make sure inquiries are fair and clear.
If BPL determines that a violation cannot be substantiated, BPL will close the complaint. However, if it uncovers misconduct, BPL will file an administrative complaint. Depending on the nature of the case, BPL has the authority to temporarily suspend the license if the public health, safety, or welfare requires emergency action. Additionally, it serves the pharmacist with a notice of a scheduled compliance conference.
Informal Discipline
Once an administrative complaint is issued to a licensee, they may seek a compliance conference with BPL to discuss and possibly settle the matter. The primary goal of a compliance conference is to discuss the alleged violations, review evidence, and determine whether the issue can be resolved without formal proceedings.
During the compliance conference, a LARA representative or an assistant attorney general presents the case and concerns they have regarding the violation. A member of the Board’s Disciplinary Subcommittee (DSC) may be present, but they typically become involved at later stages of the process.
Respondents have a chance to present their side of the story and provide additional insight not expounded upon during the investigation. If parties can reach an agreement—such as the pharmacist accepting responsibility in exchange for the imposition of fines, probation, or license suspension—the settlement agreement is signed and submitted to the DSC for final approval. If no resolution is reached or the pharmacist disputes the allegations entirely, the matter can move forward to a contested case hearing with the Michigan Office of Administrative Hearings and Rules (MOAHR).
It’s critical not to accept the provision given in the proposed settlement agreement because respondents are not offered full due process rights during informal disciplinary proceedings. Only by standing before an MOAHR judge can licensees guarantee that they have complete protection. Although appearing at a contested case hearing may also present uncertainty for pharmacists, representation by the LLF National Law Firm will alleviate those concerns.
Contested Case Hearings
Before an Administrative Law Judge (ALJ), licensees and their legal representation will enter proceedings with LARA or an assistant attorney general. The ALJ will also schedule an informal pre-hearing conference. The meeting will narrow the issues and plan for the hearing but also act as another attempt to enter into a settlement offer before proceedings commence.
Although less formal than a jury trial in a courtroom, contested case hearings follow structured procedures with provisions such as:
- Opening and closing statements for parties to summarize or reiterate their case to the ALJ
- Presentation of evidence, including calling subpoenaed witnesses to provide testimony
- The ability for either party to cross-examine the other, including witnesses
The burden of proof lies with LARA, but it only needs to prove its case by a “preponderance of the evidence” standard—meaning it is “more likely than not” that the pharmacist bears responsibility for the charges. After reviewing all testimony and evidence, the ALJ issues a Proposal for Decision (PFD) outlining the ALJ’s conclusions and recommended disciplinary action, if warranted.
Within 60 days, DSC reviews the PFD. The panel will vote on whether they:
- Accept the ALJ’s decision and recommended sanctions
- Use the PFD to influence its final decision
- Reject the PFD and move forward with its own sanctions and conditions
A final order will include the substantiated violations, a short description of the conduct involved, and any restrictions or sanctions placed on the licensee. However, after individuals receive the decision, there are opportunities for redress.
Within 60 days of the decision, individuals may file for reconsideration with the Board, but it will only consider clear factual errors or new evidence that were not previously available and may significantly affect the case results. Judicial review sought through a Michigan Circuit Court also has a narrow jurisdiction, with only procedural irregularities and constitutional violations subject to reexamination.
Sanctions for Pharmacists
DSC, in conjunction with the full Board, levies sanctions based on the charge’s aggravating and mitigating factors. If licensees have demonstrated rehabilitation during the grievance process, the Board could impose probation instead of suspension. However, the opposite can be true, meaning the Board could increase sanctions if pharmacists continue to commit violations in their practice.
Individual sanctions are often grouped together in the final order. Therefore, pharmacists will likely experience a few of the following:
- Written Reprimand: an official letter of disapproval from the Board.
- Fines: monetary penalties that depend on the violation, including orders for restitution.
- License Probation: restrictions on an individual’s license to practice, which likely include required continuing education, remedial courses, and other conditions to prevent future violations.
- License Suspension: a mandatory stop placed on an individual’s practice by revoking their license for a set period of time or until they meet certain requirements, demonstrate professional restoration, and apply for reinstatement. Suspensions typically begin at 180 days and can be extended up to five years.
- License Revocation: a complete ban on practicing pharmacy in Michigan and reciprocal states, with or without the opportunity to apply for reinstatement at a later date.
With the risk of career-ending discipline, the LLF National Law Firm’s goal is to resolve allegations and charges before the DSC levies sanctions. The time to seek help isn’t during the appeals stage; it’s long before. Your best chance to challenge a complaint is to contact us as soon as it has been filed.
Grand Rapids Metro Area Pharmacist License Defense
Whether you’re working as a pharmacist in one of the larger cities in the Grand Rapids Metro Area or anywhere in Kent, Barry, Ionia, Montcalm, and Ottawa counties, you need a strong defense to challenge LARA, BPL, and the Board. Success begins with a crafted strategy from the LLF National Law Firm’s Professional License Defense Team.
We have years of experience assisting pharmacists and other medical professionals against complaints and misconduct allegations. Our firm is an invaluable resource for protecting the investments made in a long, rewarding medical career. The LLF National Law Firm is dedicated to ensuring you have every opportunity for redress available, from negotiating with state authorities to appealing final orders in court. Our Professional License Defense Team is well-known for its deep understanding of the laws, rules, and regulations that apply to pharmacists and how to mitigate the consequences of disciplinary action.
If you’re on staff at a health center in Kentwood, Wyoming, or Muskegon at a standalone pharmacy in Holland, Norton Shores, Walker, or anywhere throughout the Grand Rapids Metro Area licensed to dispense medication, contact our team to understand how we can protect your credentials before the disciplinary process begins. Call the LLF National 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.