Being arrested for any crime in South Carolina (or anywhere else, for that matter) is an overwhelming experience for virtually anyone. What’s already a stressful ordeal can be even more intimidating for someone who holds a professional license in the Palmetto State.
For example, maybe you’re a pharmacist. If so, depending on the nature of the alleged violation, criminal trouble could result in the South Carolina Board of Pharmacy (referred to going forward simply as “the Board”) taking disciplinary action against your pharmacy license. Said disciplinary action could theoretically jeopardize your ability to continue working as a pharmacist in South Carolina.
You don’t have to face this experience alone. Serving pharmacists throughout South Carolina, from major cities like Charleston and Myrtle Beach to more rural areas of the state, attorneys with the LLF National Law Firm Professional License Defense Team are on hand to offer representation when your pharmacist license is on the line.
If you’ve been arrested for any crime and are worried about the potential impact this arrest may have on your professional license, learn more about how we can help with your case by calling our offices at 888-535-3686 or submitting your information via our confidential online contact form.
Can the South Carolina Board of Pharmacy Discipline a Licensee Over Criminal Issues?
The South Carolina Pharmacy Practice Act authorizes the Board to take disciplinary action against a pharmacist’s license in various circumstances. For instance, under the statute, the Board can discipline a pharmacist if they’re convicted of breaking any law (whether it be state, federal, or local) relating to:
- The practice of pharmacy
- Drug sales
- Wholesale or retail drug distribution
- Wholesale or retail device distribution
- Illegal use of controlled substances
- Illegal distribution of controlled substances
The law technically grants the Board the authority to take action against a pharmacist’s license if they’re convicted of a relevant crime. An arrest alone may not warrant disciplinary action in most cases.
However, preparing ahead of time is often key to achieving an ideal outcome in both a disciplinary case and a criminal case. Even if you haven’t been convicted of a crime yet, erring on the side of caution and preparing for the potential consequences of a conviction is wise after an arrest. Our Professional License Defense Team at the LLF National Law Firm can help.
Do You Have to Report an Arrest to the South Carolina Board of Pharmacy?
The law doesn’t clearly state that reporting an arrest to the Board is a requirement. However, consider the following points when determining whether transparency with the Board is the best policy:
- The complaint process: A Board disciplinary case often begins when someone with information about a relevant potential violation files a complaint against a pharmacist. If you’ve been arrested for the type of alleged crime that could theoretically result in disciplinary action against your pharmacy license in South Carolina, someone may file a complaint accordingly. The Board might be more inclined to view your overall behavior favorably if you got ahead of the matter by reporting an arrest before someone makes a complaint.
- License renewal questions: When renewing your license, you may have to answer questions about previous arrests or convictions. In some circumstances, it might be ideal to have addressed these matters ahead of time to prevent license renewal issues.
- Future proceedings: The complaint process could result in investigations and hearings if the Board determines there may be a reason to consider taking disciplinary action against your license. During such proceedings and processes, the fact that you diligently reported an arrest early might positively influence the Board’s perception of your cooperativeness and professionalism.
None of this is meant to suggest that you absolutely should contact the Board about an arrest right away. In your effort to appear cooperative, you might accidentally make the kinds of statements that can actually negatively influence your case’s potential outcome.
Discuss the matter with a professional who has experience handling these types of cases instead. At the LLF National Law Firm, a member of our Professional License Defense Team would be glad to help you better understand whether reporting an arrest is a smart decision.
Forms of Disciplinary Action the Board Can Take Against a South Carolina Pharmacist
Various factors can influence the forms of disciplinary action the Board considers when taking action against the license of a pharmacist who’s been arrested for or convicted of a crime. Such factors range from the nature of the alleged crime to the disciplinary history (or lack thereof) of the pharmacist in question.
Common forms of disciplinary action the Board may consider are:
- License refusal: A criminal history may give the Board reason to deny an applicant a pharmacy license in South Carolina. A new arrest or conviction might also cause the Board to refuse to renew the license of a practicing pharmacist.
- Suspension: The Board may temporarily suspend the license of a pharmacist found guilty of a violation. In some cases, the Board may require a pharmacist to fulfill certain conditions before lifting a suspension. For example, if a pharmacist was convicted of a crime indicating they may struggle with a substance abuse matter, a condition of ending a suspension early might be participating in substance abuse counseling or a similar program.
- Revocation: The Board can permanently revoke a pharmacist’s license in South Carolina. License revocation is more common in cases involving significant and/or repeated violations, but it’s still a potential result to be aware of in your case.
- Fine: The law permits the Board to impose a fine of up to $1,000 for each instance of a pharmacist committing a violation that involves delivering or distributing drugs improperly (such as providing someone with drugs for which they don’t have a prescription). This type of violation can overlap with certain criminal convictions.
Be aware that a conviction doesn’t necessarily guarantee your license will be subject to disciplinary action. On the other hand, lack of a conviction doesn’t guarantee that the Board won’t impose a penalty.
The Board’s priority is keeping the public safe and ensuring that licensed pharmacists in the state abide by professional standards. When a South Carolina pharmacist has been arrested for or convicted of a crime, the Board decides whether to take disciplinary action by considering what would be in the best interests of the public and the profession. Even if the prosecution can’t secure a conviction or a judge dismisses your criminal case, the Board may nevertheless take action against your license if it determines that doing so is necessary to guard against future harm to the public.
It’s also worth noting that the Board publishes information about the disciplinary actions it’s taken. If your license is subject to any form of disciplinary action, potential employers could learn if it is in the future, giving them reason to consider hiring someone else for a position.
What to Do When You’re a Pharmacist Arrested for Any Crime in South Carolina
Understanding what you should and shouldn’t do when you’ve been arrested is critical. Even if you never expect to be in criminal trouble, it’s possible to be arrested despite not actually committing a crime. If you are arrested, you should:
- Remain silent: Exercising your right to remain silent is wise in both criminal cases and Board discipline cases. Nothing you say on your own is likely to help your argument. It could, however, harm your case. It’s better to let a lawyer speak on your behalf.
- Discuss your case with a legal professional: The sooner you meet with a lawyer, the sooner you can start working on a proper defense. Remember, while a criminal defense lawyer may help with one aspect of your case, they’re not necessarily qualified to defend your professional license. Meet with an attorney with relevant experience to discuss that side of your defense.
- Stay off social media: Posting anything about your case on social media is a bad idea right now. If possible, stay off social media in general as your case develops. Even a seemingly unrelated post could be used as evidence against you in ways you wouldn’t have anticipated.
It’s also wise to avoid discussing your case socially offline. You don’t want a casual remark you made to a friend or family member coming back to haunt you because it ends up damaging your case.
Don’t worry if you’re not sure how to handle the next steps when you’re facing a potential criminal conviction as well as potential disciplinary action against your license. The LLF National Law Firm Professional License Defense Team can answer your questions and guide you through every stage of the process. We’ll make sure you understand the types of mistakes to avoid during this critical time.
Why a Criminal Attorney Isn’t Enough
Hiring a criminal defense lawyer when you’ve been arrested is advisable. However, don’t assume a criminal defense attorney is qualified to defend your professional license against Board disciplinary action.
The following are key reasons why hiring a Professional License Defense Team lawyer with experience handling cases similar to yours is recommended over letting a criminal defense lawyer handle the license defense side of your case:
- Different processes: The investigation and court processes that are typical in a criminal case differ from those of a Board discipline case when a South Carolina pharmacist is arrested. Because guiding you through the process is one of the key ways an attorney assists someone in your position, it’s important to have representation from a lawyer familiar with the processes you’ll be facing.
- Different outcomes: The potential consequences and penalties of a criminal case aren’t necessarily the same as the consequences you might face if the Board were to decide that disciplinary action is necessary. You’ll benefit more from hiring a lawyer who can accurately explain the consequences you may face and what may be required of you if a penalty is imposed.
- Different figures: The figures and parties involved in a criminal case may include law enforcement, the prosecution, judges, juries, and related parties. These aren’t the same parties who’ll be involved in a Board discipline case. It’s generally helpful to have a defense lawyer who’s familiar with the parties your case will involve.
One of the most helpful ways to learn more about the benefits of hiring a lawyer with pharmacy or related professional license defense experience in South Carolina is to discuss your case with one in greater detail. A member of the Professional License Defense Team at the LLF National Law Firm would be happy to help you better understand how working with us differs from hiring a criminal law firm.
Get Help With Your Pharmacy License Defense Case if You’ve Been Arrested in South Carolina
Our goal at the LLF National Law Firm Professional License Defense Team, serving pharmacists and other such professionals facing license disciplinary action throughout South Carolina, is to provide all clients with defense services tailored to their unique needs. We’ll review the details of your case to more accurately and thoroughly determine the right defense strategy for your needs.
Generally, however, we can help by:
- Identifying weaknesses in the case against you (such as a lack of evidence)
- When applicable, gathering evidence to strengthen your case or alibi
- Helping you respond properly to Board correspondence and requests, striking the right balance between being cooperative and meeting relevant deadlines without providing too much information that could damage your case
- Completing and submitting any paperwork as your case requires
- Citing mitigating factors to potentially negotiate a consent agreement, an option in which you agree to certain sanctions that are typically more lenient than what you’d otherwise face
- If the Board does impose a penalty, it will help you understand what’s required of you
- Objecting to any violations of your rights
Again, that’s just a general list of how we may assist you. For more information about how the LLF National Law Firm Professional License Defense Team can help when you’re a South Carolina pharmacist facing Board disciplinary action, submit your information online or call our offices today at 888-535-3686.