Obtaining a license only grants you entry into the pharmacy field. This license does not guarantee you a lifetime appointment, as the license can be taken away if the Hawaii Board of Pharmacy or its parent organizations decide to do so. You would not be the first pharmacist to see their hard-earned license taken away for unjust reasons.
You should not have to lose your license or suffer other harmful sanctions, including but not limited to formal reprimands and license suspension. However, the disciplinary process is often flawed, and it is critical that you mount the strongest possible defense of your license, livelihood, and reputation.
Having a competent attorney is always wise when you are facing potentially devastating professional harm. Our attorneys have extensive experience defending pharmacists, and we want to defend you. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online.
The Law Grants Hawaii the Right to Sanction You as a Pharmacist
Pharmacists facing potential discipline must first recognize that public authorities do have the law to impose life-changing sanctions upon them. Haw. Rev. Stat. § 461-21 states that “the board may deny, revoke, or suspend any license or permit applied for or issued by the board…and fine or otherwise discipline a licensee or permit holder for any cause authorized by law…”
The Hawaii Board of Pharmacy exists under the purview of the Department of Commerce and Consumer Affairs Professional & Vocational LIcensing Division. These boards are responsible for issuing, monitoring, sanctioning, and renewing the licenses of:
- Pharmacists
- Pharmacies
- Pharmacies with miscellaneous permits
- Wholesale prescription drug distributors
If you are a pharmacy professional who has received notice of a complaint or is in the midst of the disciplinary process, recognize the seriousness of the situation. Our attorneys understand Hawaii's pharmacist-specific statutes and disciplinary proceedings, as well as successful defense strategies to use on your behalf.
Why You Can't Assume the Disciplinary Board Will Get It Right
Taking a complaint against you lightly may be the most catastrophic error you could make. Many of us have a tendency to assume the best, particularly when we are facing potentially serious problems without a certain outcome. However, you should not:
- Assume that the facts will win out (unless you ensure that they do)
- Assume the disciplinary board will be composed of unbiased, clear-headed members
- Assume that the disciplinary board's only concern is ensuring a just outcome
- Assume that sanctions against you will be proportionate to the alleged offense
- Assume that the disciplinary board will interpret facts, evidence, and witness accounts logically
- Think your rights will be protected by the board, as it is your duty (along with your lawyer) to insist on due process
Hawaii's Governor's Office publishes the results of disciplinary proceedings led by the Board of Pharmacy. This list includes many significant fines, and rest assured that pharmacists throughout Hawaii have suffered far more serious sanctions than monetary penalties.
Our Attorneys Combat Common Hazards During the Disciplinary Process
Assume that the board will operate in an unfair manner. This outlook will ensure that you take every possible measure to protect your license, including hiring an attorney from the Lento Law Firm Professional License Defense Team. Our attorneys have encountered disciplinary bodies that:
- Have preconceptions about the pharmacist's responsibility for the allegations against them
- Have personal or professional biases against the pharmacist
- Have corrupting connections to the complainant
- Do not properly interpret facts or evidence
- Do not allow the pharmacist to defend themselves in a complete manner (such as by excluding evidence or disallowing witness testimony)
- Render the wrong decision
We will fight such hazards every step of the way, and we will exercise your right to appeal if necessary. Your career and license are worth mounting the strongest possible defense, and our attorneys will lead that defense for you.
A Reminder of What You Stand to Lose from Unjust License Sanctions
A license to practice pharmacy is, for most in the field, a ticket to earn a living. The license can be:
- The prerequisite for earning employment or opening (and maintaining) your own pharmacy
- The means by which you help customers find relief from the ailments the pharmacy aims to treat
- The document that allows you to support yourself and your loved ones financially
- The means by which you are able to achieve your professional goals
Most pharmacy professionals do not enter the sector by accident. They undergo years of education, training, and hard work to earn and maintain their license and progress in their field. Suffering a license-related sanction can suddenly deprive you of your means of earning an income, as well as the psychological security that comes with a steady career.
The financial consequences of discipline may be fairly obvious. What may be less obvious is that if you fail to effectively defend your license, you and your loved ones may face immense distress, uncertainty, and difficult choices.
Grounds for Discipline Against Pharmacists in Hawaii (All It Takes Is an Allegation)
Hawaii Administrative Rules §16-95-110 explains the many grounds for disciplining pharmacists and other professionals in the pharmacy sector, which include:
- Obtaining a pharmacist license in a fraudulent manner
- Conviction of a criminal offense that is pertinent to your ability to perform safely and effectively as a pharmacist
- Engaging in dishonesty or fraud in the practice of pharmacy, including for the monetary benefit of the pharmacist
- Failing to maintain proper records
- Helping an unlicensed individual practice pharmacy
- Violating health standards or public safety
- Accepting returned medications when those medications could have been tampered with (by being taken off the premises)
- Improperly or inaccurately dispensing medications
These are just some of the alleged offenses that may trigger a disciplinary process involving a pharmacist. You presumably know the allegations against you, and you should communicate those allegations to our team as soon as possible. Never underplay a complaint as “minor,” as any form of discipline can have costly, long-ranging ramifications.
How Hawaii Handles Complaints Against Pharmacists
Hawaii's Administrative Rules and Revised Statutes provide little insight regarding exactly how the Board of Pharmacy and its parent organizations conduct the investigative and disciplinary processes. However, most states afford pharmacists due process, and the common way of handling disciplinary proceedings includes:
Receipt and Review of a Complaint
Frivolous complaints do happen, and there may be a process for quickly closing complaints that are obviously without merit. However, the disciplinary board may err on the side of investigating further, as it may not want to be responsible if it fails to adjudicate a legitimate complaint.
Investigation of the Complaint (Including Interviews)
The Board of Pharmacy may appoint a designated investigator to gather information about the claim. This investigator should be impartial and independent, and your lawyer will work to ensure they are.
The investigation process will likely include the following:
- An interview with the complainant
- An interview with you (during which you would be wise to have an attorney alongside you)
- Interviews with any witnesses whose accounts are relevant to the complaint
- Collecting any tangible evidence relevant to the complaint
Your attorney will provide any exculpatory evidence or information to the investigator. This could lead to a prompt closing of your case, which may be the ideal outcome.
Recommendation of Action by the Investigator
Once the investigator concludes their process, they will likely provide a report (and possibly a recommendation for action) to the Board of Pharmacy.
Settlement Opportunity (Which May Be Known as a Consent Order)
If the investigator and/or the Board of Pharmacy finds that you are responsible for the complaint lodged against you, they may grant you the opportunity to sign a consent order. This order would serve as an admission of responsibility and acceptance of proposed sanctions.
Whether or not you accept a consent order will depend on:
- Whether you committed the offense you're accused of
- Whether you believe the proposed sanctions are fair
- Whether you are able to negotiate for sanction terms you deem acceptable
- Whether you believe you could emerge from a hearing with a better outcome
You and your attorney can make an informed decision about whether to negotiate and agree to a consent order or continue fighting for a better outcome.
Hearing
Hearings are generally a guaranteed right for professionals facing discipline. Your attorney is likely permitted to lead this process on your behalf, and they may:
- Present and question witnesses who support your defense
- Question witnesses who are hostile to your defense, possibly including the complainant
- Present evidence favorable to your defense
- Make oral arguments detailing your defense
A hearing may have a trial-like feel, and the attorneys on the Lento Law Firm Professional License Defense Team are proven and comfortable leading trials.
Issuance of a Decision by the Disciplinary Board
Hawaii's seven-member Board of Pharmacy will likely be responsible for deciding the outcome of disciplinary proceedings. Possible outcomes following your hearing include:
- Dismissal of the allegations against you
- A finding of responsibility and issuance of sanctions
If the Board closes your case without issuing sanctions, that will be the end of this challenging chapter. If the Board decides to issue sanctions, your attorney will pivot to an appeal.
Appeals (When They Are Necessary)
Appeals are typically time-sensitive, so your attorney will be mentally prepared to file the appeal as soon as possible. While our goal will be to have the Board of Pharmacy dismiss your case, disciplinary bodies do not always issue the right decision.
Our team will file and argue your appeal right away, presenting a detailed argument for why you should not be sanctioned.
The Many Reasons to Hire an Attorney from Lento Law Firm Professional License Defense Team
Many pharmacists are caught totally off guard by complaints against them and are uncertain of the proper way to proceed. Hiring an attorney can provide an immediate sense of relief, as well as priceless services that lead to the outcome you seek (the clearing of your name).
You may hire an attorney from the Lento Law Firm Professional License Defense Team because:
- Our attorneys have extensive experience defending professionals from license sanctions, including pharmacists in Hawaii
- We understand how disciplinary bodies can violate the rights of professionals, and we take proactive measures to protect our clients
- You may still be responsible for personal and professional responsibilities and could struggle to prepare a comprehensive defense on your own
- Our attorneys are prepared to file appeals and take legal measures in the case of an adverse ruling and will waste no time doing so
Your lawyer will also be a line of defense during interviews, hearings, and other proceedings related to your disciplinary process. Now is the time to accept help, as few priorities could be more important than retaining your ability to practice pharmacy.
How an Attorney from Our Team Will Fight for Your License (and Your Reputation)
Our lawyers ensure that clients can focus on other matters while we oversee every detail of their defense, including:
- Securing evidence that exculpates them from the allegations against them
- Developing a comprehensive defense strategy
- Accompanying you to all case-related appointments
- Making your case at any hearing
- Overseeing every step of the appeals process
- Negotiating a resolution to your case (such as a consent order) when granted the opportunity
- Managing every other detail of your defense
Let our dedicated attorneys leverage our experience and knowledge of license defense processes on your behalf.
Our Attorneys Are Familiar with Hawaii's Pharmaceutical Landscape
Our lawyers have experience representing pharmacists nationwide, including some of Hawaii's largest cities, including:
- Honolulu
- East Honolulu
- Pearl City
- Waipahu
- Hilo
- Kailua
- Kaneohe
- Kahului
- Mililani
- Ewa Gentry
We represent clients wherever they are. Whether you are located in a large city or a small remote locale, let our team fight to protect your license. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online.
