Licensed pharmacists play a vital role in Indiana's healthcare system. They are chiefly responsible for filling prescriptions written by doctors as well as safeguarding a large supply of medical drugs, many of which are potentially addictive or have value on the illegal market. That's why Indiana's legislature instituted a licensing requirement and empowered the Indiana Board of Pharmacy (IBP) with oversight authority to regulate all licensed pharmacists in Indiana.
Are you an Indiana Pharmacist facing a disciplinary hearing or an IBP investigation? Even if you think the entire thing is a misunderstanding, the IBP is a public safety agency, and they have the authority to suspend your license if they believe you violated IBP regulations. You have the right to fight for your career, and the Professional License Defense Team at the Lento Law Firm can help. Call us today at 888-535-3686 or contact us online today.
Your Pharmacist License and Career Are Worth Fighting For!
It is illegal for anyone to distribute medications or fill doctor's prescriptions in Indiana without this license, and the penalty for operating without a pharmacist license can be severe. That's why it's so important for all Indiana pharmacists to first meet the IBP's licensing requirements and always abide by IBP rules. These rules apply to pharmacist's conduct both on and off the job. Any pharmacist suspected of violating IBP rules is subject to disciplinary sanctions.
These disciplinary sanctions can range from public admonishment to the permanent loss of your pharmacy license. Even minor IBP discipline can result in damage to your professional reputation or a significant cost in your errors and omissions insurance premiums. A suspension or revocation of your license will mean you can no longer do your life's work and wipe out all the hard work you put into obtaining the license.
ISBN Investigations Are No Laughing Matter
Any person in Indiana may file a complaint with the IBP if they believe you have conducted yourself in a manner that violates the rules of your profession. Additionally, the IBP has the authority to investigate the conduct of its licensed pharmacists through routine audits of their pharmacy drug supply or record keeping. In either case, if the IBP believes you have violated its rules, it can strip you of your license to practice in the state.
In other words, IBP investigations are no laughing matter and should be taken very seriously. The result of their investigation will become a matter of public record that follows you wherever you go. That means if you are disciplined, you will have to explain the situation to prospective employers or self-report it to any other state regulatory agencies where you hold a professional license.
That's why it's critically important to exercise your right to due process immediately after discovering that you are the subject of a misconduct investigation by the IBP. Remember, even a relatively minor sanction will harm your reputation and could also be cause for an even harsher punishment if you are investigated and disciplined for a subsequent violation. The clock is ticking on your good name and career if you don't act fast.
You Only Have Due Process Rights if You Use Them
It's also important to remember that the IBP's primary role is to protect the safety of Indiana citizens by enforcing the rules governing pharmacy conduct. IBP investigations don't work like criminal trials where you are judged in a neutral courtroom by a jury of your peers that you and your lawyer had a chance to pick. No, the investigator, judge, and jury will be IBP employees or appointees.
No matter the charges, you have the right to due process and to mount a defense on your behalf in any IBP investigation. However, those rights are of no use to you if you don't use them. It takes a high level of skill and experience to defend your license from an IBP investigation, and just like pharmacy clients depend on your skill and expertise in filling prescriptions, you should consider the advantages of professional license defense.
Professional License Defense Can Make a Difference in Your Case
When your license and livelihood are both on the line in an ISBN investigation, who you choose to help you defend your license can play a pivotal role in influencing the outcome of your case. The Professional License Defense Team at the Lento Law Firm has a strong track record of successfully defending professional licensees in cases all over the country, and we are here to help you in your hour of need.
We offer a full-service license defense team that puts your needs first and prioritizes the most positive outcome possible for you, no matter the circumstances. Our team of experienced attorneys and staff can help you with every aspect of an ISBN investigation, including the paperwork and planning the strongest possible defense that maximizes your chances of keeping your license in good standing. We work for you, not the Indiana state government.
Comprehensive License Defense is More Than Simply Fighting the IBP
Many people think that a professional license defense is the act of fighting the state licensing board in an all-out effort to help you keep your license. Yes, that is one important aspect of license defense, but it is not the only one. The Lento Law Firm's top priority is to leave you in a situation where you can continue in your pharmacy career, and that includes exploring alternative options to simply fighting the IBP at every turn.
We will certainly challenge any evidence entered against you and ensure the disciplinary process does not infringe upon your due process rights. However, the Professional License Defense Team at the Lento Law Firm can also work with the IBP to explore potential options that allow you to keep working, such as the Indiana Professional Recovery Program (IPRP) or settlement conference that allows you to restore your license to normal status after meeting mutually agreed-upon benchmarks.
The Key to Successfully Defending Your Pharmacist License
The Professional License Defense Team at the Lento Law Firm has acquired a great deal of experience in defending licensed professionals from board sanctions. In that time, we have discovered the key to the most successful license defenses: convincing the licensing board (in this case, the IBP) that letting you keep your pharmacist license does not pose a threat to the public safety of Indiana citizens or medical patients.
At its core, the IBP is a public safety agency whose main priority is to protect the citizens of Indiana. Our team will search for, and present as much evidence as we can to prove to the IBP that you are not a danger, but a credit to your profession who should be allowed to continue doing your life's work.
How Does the IBP Investigate Complaints Against Pharmacists?
Indiana's Board of Pharmacy conducts investigations into improper behavior by its licensed professionals under the terms outlined in the state's license litigation process. That process begins with a disciplinary complaint filed against a licensed professional by the district attorney who has jurisdiction over where the alleged violation occurred.
The IBP may file a complaint for administrative violations such as improper distribution of drugs, failure to keep records as required by the IBP, or actively working as a practitioner (pharmacist) without a license. Members of the public who believe a pharmacist has violated IBP standards may also file a complaint. In either case, once the written complaint is filed, the State of Indiana will be the petitioner, and the district attorney will represent the state.
The complaint will include the name of the pharmacist in question (who is also known as the respondent), a description of the respondent's behavior, and the specific rules that the respondent has violated. In cases where the alleged violation involves misconduct that would pose a “clear and immediate danger” to public safety, the district attorney may file a complaint for a summary suspension that prevents the respondent from practicing immediately until the complaint is resolved.
The License Litigation Process
Once the state has filed an administrative complaint, they will send written notice to the pharmacist that they are being investigated and set an evidentiary hearing that will be heard by an Administrative Law Judge appointed by the board. At this point in the process, it may still be possible for the Professional License Defense Team at the Lento Law Firm to negotiate a settlement agreement.
The settlement agreement may include several different outcomes, which include, but may not be limited to the following:
- Censure- This is a form of public reprimand that makes the violation a matter of record but allows the respondent to continue in their profession without license suspension or revocation. It is a possible alternative to harsher discipline, but it could also result in increased penalties for a future violation.
- Fines- Each violation uncovered during the investigation process or admitted to under the settlement agreement can result in a fine of up to $1,000 that the respondent must pay to restore their license to full status. This is not a possibility if the respondent is found to be incompetent because of mental or physical impairment, which will prevent them from doing their job.
Settlement agreements are typically negotiated at a settlement conference that occurs between the district attorney, the respondent (and their legal representative), and the Administrative Law Judge who was originally scheduled to hear the complaint. The agreement must be satisfactory to the Administrative Law Judge and the district attorney. Whether a settlement can be reached depends on several factors, such as the respondent's previous record and the severity of the complaint.
What Happens if No Settlement Can be Reached?
If no settlement can be reached, the evidentiary hearing will go forward as outlined in the official complaint. At this hearing, the district attorney will present the evidence that was uncovered against the respondent during their investigation. The respondent can also challenge the state's evidence or enter evidence in support of their case.
Although the evidentiary hearing may sound like a criminal trial, it's important to note the “jury” is comprised of board members as opposed to members of the public. At an evidentiary hearing, the burden of proof is not necessarily as high as the “beyond a reasonable doubt” standard, which prevails in criminal trials. The board will likely err on the side of caution and rule against you if they believe a violation occurred.
Findings of Fact and Potential Discipline After Evidentiary Hearings
After the hearing closes, the board will deliberate on the evidence presented and then make their final decision, which will be released in a written “final order” containing both the “findings of fact” and “conclusions of law” based on the evidence. The respondent will be notified in writing, and if the board decides that violations have occurred, their report will also include the disciplinary sanctions against you.
Those disciplinary sanctions can include one or more of the following possibilities:
- Probation- This is a disciplinary sanction that requires the respondent to meet certain requirements and conditions set forth by the board to keep their license and continue practicing. The terms and conditions of probation can vary depending on the conclusions of law and/or findings of fact uncovered at the evidentiary hearing.
- Fines- The board may fine the respondent up to $1,000 per violation of law as detailed in their final order.
- Suspension- The board may suspend the respondent's license for a fixed period that is determined by the board based on the conclusions reached in the final order. No pharmacist can practice while their license is suspended, and the respondent may also be on probation for a period (determined by the board) when the suspension period ends.
- Revocation- This is the most severe sanction. Once a respondent's license is suspended, they are banned from practicing or working as a pharmacist for a minimum of seven years from the revocation date before they can apply for reinstatement.
Failure to Respond or Failure to Appear
It is critically important to respond to any disciplinary complaint or written notice from the IBP. If you do not respond or fail to appear at your disciplinary hearing, the IBP will win their case by default. That means you won't have the opportunity to present evidence on your behalf or contest the evidence against you. In this case, the board will make their ruling without you, and their final order will almost always involve heavy sanctions.
You Can Fight Indiana Pharmacist License Discipline Cases and Win
Facing the IBP in an evidentiary hearing into suspected violations can be a scary thing, but it doesn't have to mean the end of your career. The Professional License Defense Team at the Lento Law Firm can put their experience to work for you and craft a defense that gives you the best chance possible to keep your license and continue with your practice.
You worked hard to get your license and build your professional career. We promise to work just as hard to defend it from disciplinary sanctions. Our team's primary concern is to help you keep your license in good standing. No matter the charges, you can fight an Indiana Pharmacist License discipline case and win. But you may not be able to do it alone. Call the Professional License Defense Team at the Lento Law Firm at 888-535-3686 or contact us online today!
