Pharmacists face an unfathomably complex regulatory framework. Understanding and adhering to the proper means of handling pharmaceuticals is difficult enough. Then, add the fact that pharmacists can also face sanctions for business practices, professional conduct, and a range of other alleged transgressions. If you thought obtaining your license to practice pharmacy was the hard part, you may be mistaken.
Any allegations of wrongdoing can threaten your license, reputation, and career. Never mind the fact that Idaho's rural communities may be starved for qualified professionals in the medical and wellbeing spaces—the Idaho Board of Pharmacy may take swift disciplinary action without hesitation.
Having a capable attorney defending you and your license is the only move if you're serious about your career in pharmacy. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online.
Idaho's Legal Right to Sanction You as a Pharmacist
Idaho Statutes § 54-1706 established the Idaho State Board of Pharmacy, which exists under the state's Division of Occupational & Professional Licenses. This Board has the legal authority to enforce and adjudicate the laws and regulations defined by Idaho statutes:
“The board shall have all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this act, as well as such other duties, powers, and authority as it may be granted from time to time by appropriate statute.”
Specifically, the Board is responsible for:
- Controlling and regulating the practice of pharmacy in Idaho
- Licensing of pharmacists
- Renewal of pharmacists' licenses
- “Enforcement of the provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state, and the suspension, revocation or restriction of licenses to practice pharmacy.”
As we work to resolve your license-related matter, we will likely interact regularly with the Idaho State Board of Pharmacy and its parent organization, the Division of Occupational & Professional Licenses.
Never Assume the Disciplinary Process Will Be Fair and Just
One common mistake we see among professionals is their assumption that, because they operate by principles of fairness and objectivity, the licensing board will do the same. There is always a risk that the Board will:
- Fail to remove sitting members who have a conflict of interest or bias against you
- Fail to obtain all relevant evidence and information (though your attorney will do everything they can to ensure any exculpatory evidence reaches the Board)
- Put stock in the testimony of an unreliable or untruthful witness
- Misinterpret evidence in an unfavorable manner
- Make intentional rulings or unintentional mistakes that lead to an adverse disciplinary outcome
The Division of Occupational & Professional Licenses and the Board of Pharmacy have unilateral authority to discipline you, though you may be able to appeal an adverse ruling. Whether or not you can exercise an appeal, you must do everything possible to present a convincing defense and avoid license-related sanctions.
What's at Stake If You Fail to Defend Your Pharmacy License in Idaho
For many, a professional license is a means of:
- Supporting oneself and one's dependents financially
- Pursuing all professional ambitions, as opportunities may evaporate the minute your license becomes invalid
- Maintaining status and respect among peers
- Maintaining psychological and physical wellbeing, as the stress of financial insecurity can have devastating health effects
If you lose your license for a substantial period of time (perhaps permanently), it could also undercut your hard work in obtaining that license. You may have several years of education and training under your belt (not to mention financial investments), but those benefits may become valueless if your license is not valid.
Reasons Why Pharmacists in Idaho Can Face License Sanctions
Idaho Statutes § 54-1726 lists the grounds for disciplining pharmacists in Idaho, which include:
- Unprofessional conduct (as defined by the board)
- Being affected by drugs, alcohol, medical conditions, or other problems that constitute an “incapacity” and interfere with one's safety or effectiveness as a pharmacist
- Being convicted of certain criminal offenses
- Fraud or misrepresentation
- Helping someone engage in pharmacy without proper credentials
- Practicing pharmacy without a valid license
You could face a complaint for reasons not listed here. It is vital that you take every complaint seriously, even if you know it to be baseless. The Board of Pharmacy may take a baseless complaint seriously, and failure to defend yourself vigorously could lead to negative ramifications you never dreamed were possible.
Idaho's Adjudication Timeline for Pharmacists
The Idaho Division of Occupational and Professional Licenses (which oversees the Board of Pharmacy) details its adjudication process. This is likely the process ahead of you, and it includes:
The Initial Complaint Against the Pharmacist
The Division of Occupational and Professional Licenses notes that “anyone” can file a complaint against a pharmacist, “including members of the public, the licensee's clients, co-workers, or other licensees.”
This means that you may be accused of wrongdoing based on:
- A personal grudge or vendetta
- Someone's desire to progress professionally (if they perceive you as competition)
- False information
- An instance of mistaken identity
- Other baseless reasons
The next step in the disciplinary process is meant to weed out groundless allegations from those that warrant legitimate consideration.
Investigation of the Complaint
A “neutral” investigator will be tasked with:
- Interviewing you
- Interviewing the complainant
- Interviewing witnesses
- Gathering all relevant facts and evidence
Following the investigation, the investigator will present a report to designated authorities. Their report will contain their opinion about whether or not the allegations against you have merit.
Note that it is critical to have an attorney representing you at this point in the disciplinary process. An attorney from the Lento Law Firm Professional Licenses Defense Team will ensure the investigator has all relevant information and will protect you from any violations of your rights.
Results of the Investigation
There are two general outcomes of the initial investigation:
- The investigator and Board find no probable cause to believe a violation has occurred, in which case the complaint will be closed
- The Board finds sufficient reason to move further with the complaint
If your case falls in the second category, the Board of Pharmacy may then file a formal Administrative Complaint against you, triggering the next sequences in this timeline.
Settlement Opportunity
If you become the subject of a formal Administrative Complaint, you will have the chance to:
- Receive a written offer from the prosecutor allowing you to negotiate a Consent Order (a settlement)
- Waive your right to a hearing and accept the agreed-upon sanctions
The Board explains that you can agree to a Consent Order at any point in the disciplinary process, though the prosecutor may have the discretion of whether to honor your request for negotiations.
Evidentiary Hearing
An evidentiary hearing may be your opportunity to present your defense to the Board. An independent attorney will serve as the Hearing Officer, and they may meet with you and your lawyer to gather evidence, get your account of events, and hear testimony from witnesses.
Recommended Order to the Board
In their Recommended Order to the Board, the Hearing Officer will determine whether the facts and evidence suggest a violation occurred.
You are able to review and object to the Recommended Order, even asking that the Hearing Officer reconsider their findings.
Issuance of a Final Order
The Board tasked with issuing discipline to pharmacists will consider the Hearing Officer's findings and recommendations. The Board will then issue its Final Order, which may:
- Impose a finding of responsibility against you
- Detail sanctions it intends to impose upon you
- Instead, find that you are not responsible for the allegations against you
- Close the case
If you receive an adverse ruling, the Final Order will detail steps for appealing the Board's decision/
Appeal Opportunity
If you receive an unfavorable ruling in the Final Order, your lawyer will exhaust your appeal opportunities. Appealing is typically a time-sensitive matter, which is why it's important to hire an attorney from the outset of your case.
Why Any Pharmacist Facing Sanctions Should Hire an Attorney from Our Professional License Defense Team
Only you know how much you have put into your pharmacy career. We suspect, though, that you have invested enough to warrant a tenacious fight to keep your license (ideally without any blemishes or sanctions).
Some common reasons why pharmacists facing sanctions turn to our attorneys for help include:
- Unfamiliarity with the disciplinary process: Most pharmacists do not make a habit of engaging with the disciplinary board. In fact, this may be your first time facing the prospect of license discipline. Inexperience and unfamiliarity can always be a detriment, especially when your license is at stake.
- The resources our firm puts into our clients' defenses: Our firm is a nationwide team of legal professionals. We invest substantial resources (including time and effort) in our clients' defenses because we can. Our attorneys take our duty to clients extremely seriously, and any investment that increases the likelihood of your defense's success is a worthwhile expenditure.
- The potential you could make a costly mistake: Consider your attorney to be a layer of defense, among their many other roles. Your lawyer will ensure you don't say or do anything that increases the likelihood you will face sanctions.
- The experience our attorneys have defending licenses: While you may have little to no experience with the professional disciplinary process, our lawyers are on the other end of the spectrum. We have helped countless professionals (including pharmacists) overcome career-threatening sanctions. No case is too small for us, as even a “minor” sanction can prove devastating.
- Our capacity to take legal action if necessary: We hope to convince the disciplinary board to close your case or at least negotiate a favorable resolution. We also take advantage of all appeal opportunities when we need to. However, we can also take legal action if warranted.
The Lento Law Firm Professional License Defense Team's name says it all. We defend professionals when their licenses, reputations, and livelihoods are at stake. Let us defend you.
We Are Familiar with Idaho's Pharmacy Landscape (Metro Areas)
Idaho is a unique state, and its healthcare landscape is no exception. Being a state with large swathes of uninhabited land, many small cities and towns, and a few cities that account for large percentages of the population, your experience as a pharmacist may vary substantially based on where you work and reside.
Our attorneys are familiar with the unique realities and challenges pharmacists in Idaho face as we serve clients in:
- Boise
- Meridian
- Nampa Falls
- Idaho Falls
- Pocatello
- Caldwell
- Coeur d'Alene
- Twin Falls
- Rexburg
- Post Falls
- Lewiston
- Eagle
- Moscow
- Kuna
- Ammon
- Every other locale in Idaho, big, small, or somewhere in between
We may even be familiar with your employer. Even so, we will conduct a detailed evaluation of your unique circumstances, as this will be essential to creating an effective defense for you.
What an Idaho Attorney from the Lento Law Firm Professional License Defense Team Will Do for You
An attorney from the Lento Law Firm Professional License Defense Team will be your shepherd through the disciplinary process. We have the highest expectations of ourselves, which means demanding the outcome you deserve (ideally, the total clearing of your name).
We will:
- Accompany you to all appointments and proceedings throughout the disciplinary process
- Obtain evidence, identify witnesses, and secure any exculpatory materials
- Lead the evidentiary hearing on your behalf
- Lead any necessary appeal
- Take any legal measures required following an adverse ruling
Our attorneys aim to provide peace of mind and tangible value through our representation. Your license is worth fighting for, and we will put forth the strongest fight possible.
Call the Lento Law Firm Professional License Defense Team Today
Our firm has a mission to help professionals maintain active licenses and pursue their careers. Don't wait to speak with us, as we may encounter many time-sensitive responsibilities once we take over your defense.
Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online. Let an experienced attorney fight for you.
