For pharmacists in Florida's Jacksonville Metro Area—including Duval, St. Johns, Clay, Nassau, and Baker counties—the threat of disciplinary action is more than just a professional inconvenience. Sanctions from state authorities are a direct risk to a licensee's livelihood, reputation, and future in the field. Whether the issue stems from a dispensing error, a documentation discrepancy, alleged impairment, or other complaint, even a minor misstep can trigger a formal investigation.
When the grievance process begins, pharmacists must navigate a complex web of deadlines and requirements with immense administrative and legal exposure. Unfortunately, many licensed professionals make the mistake of underestimating its seriousness. While a simple request for records or an informal inquiry may seem routine, they are often the first steps in the disciplinary process that can result in:
- Demotion from supervising pharmacist because of license probation
- Fines that place a significant financial burden on individuals' licensees or their families
- The loss of a job because of a license suspension or revocation
There's no reason to handle the disciplinary process alone. The moment complaints or allegations arise, the Lento Law Firm Professional License Defense Team stands prepared to help pharmacists in the Jacksonville Metro Area. Our attorneys have a deep understanding of the administrative procedures that manage violations and how licensees are vulnerable to losing their ability to practice. Call the Lento Law Firm at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
Pharmacists in the Jacksonville Metro Area
Pharmacists have a narrow occupational focus to safely dispense medication and controlled substances. However, they work in a wide variety of job settings. For instance, at hospitals and medical centers like HCA Florida or Baptist Health, as a staff pharmacist or working with clinical patients at places like Brooks Rehabilitation or the Millennium Physician Group. Commonly, they find employment at one of the many regional chains like CVS, Publix, and Walmart, as well as other local, independent drug stores, such as Jaxx Pharmacy, Panama Pharmacy, Duval Pharmacy, and many others.
Most in the Jacksonville area are licensed through the Florida Board of Pharmacy (Board), but government oversight separates its policymaking and enforcement apparatuses for the pharmacy industry. The Board's seven-member panel creates the rules that direct every facet of the practice. It handles everything from protocols for monitoring intern hours, approving continuing-education content, defining various professional duties, and, importantly, adjudicating disciplinary matters.
The Florida Department of Health (DOH), which is responsible for the enforcement of professional standards for healthcare professionals within the state, implements the Board's rules. Typically, through its Division of Medical Quality Assurance (MQA), DOH handles disciplinary investigations, including gathering records from the reporting party and witnesses, interviewing parties related to the inquiry, and drafting investigative reports to present to the Board to act upon. Nevertheless, DOH—not the Board—has the authority to issue an emergency suspension order against any licensee who presents an "immediate serious danger to the public."
When individuals face allegations of misconduct or public complaints, it can be overwhelming to handle correspondence with multiple government agencies. A strong defense begins the moment accusations are made. Punishment—even for something as seemingly minor as mislabeling medication—can cost anyone their job. Yet, the Board's rules for prohibited conduct often go further than officials' protocols for medication dispersal.
Prohibited Conduct for Pharmacists
One of the most important aspects of the pharmacy profession is maintaining professional conduct at all times. There is a myriad of grounds for imposing disciplinary sanctions; these include but are not limited to the following:
- Attempting to gain a license through misrepresentation, fraud, or error of
- Being unfit or incompetent to practice pharmacy because of habitual intoxication, abuse, or misuse of drugs
- Any abnormal physical or mental condition that threatens the safety of clients
- 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
- Using in the compounding of a prescription an ingredient in any manner from those prescribed
- Receiving discipline from a regulatory agency in another state for any offense that violates Board rules
- Failing to make prescription fee or price information readily available
- Using or releasing a patient's records except as authorized
- Failure to maintain appropriate records for any unused or returned medicinal drugs
- Filing false, negligent, or obstructive reports
- Restocking any dispensed prescription returned by a patient unless in specific inpatient settings
Moreover, Florida has specific functions of prescription drug processing. If any of the following steps are missed, the Board or DOH can also seek disciplinary action:
- Receiving, interpreting, or clarifying a prescription.
- Entering prescription data into the pharmacy's record
- Verifying or validating a prescription
- Performing pharmaceutical calculations
- Performing prospective drug review
- Obtaining refill and substitution authorizations
- Interpreting or acting on clinical data
- Performing therapeutic interventions
- Providing drug information concerning a patient's prescription
- Providing patient counseling
Additionally, pharmacists cannot use any media or communication to promote or advertise the use or sale of any controlled substance under the Florida Comprehensive Drug Abuse Prevention and Control Act. Yet, they may promote others, provided the advertising is not false, misleading, or deceptive.
Pharmacists have a duty not only to remain accountable to the Board's standards but also to ensure their professional peers maintain patient and client responsibility. Failing to report violations—whether committed or witnessed—is a sure-fire way to trigger an investigation. However, if the licensee is unable to practice with reasonable skill and safety by reason of illness or use of alcohol, drugs, and other illicit substances, reports can be made to a consultant operating an impaired practitioner program rather than to the DOH.
DOH 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 drug diversion. However, there are some issues the DOH does not handle and will transfer to other state agencies, such as:
- Customer service issues
- HIPAA violations
- Billing discrepancies
- Insurance matters
Otherwise, individuals must fill out a complaint form on the state's online portal through MQA. After review, it's referred to the Consumer Services Unit (CSU) to determine probable cause. CSU may mediate and conduct investigations involving minor violations but will eventually forward the matter to the Investigative Services Unit (ISU).
How Should You Handle Investigations?
Interviews with department investigators can be daunting. Pharmacists may not be familiar with the pressure of responding to questions and feel that they could inadvertently implicate themselves. For instance, investigators could ask potentially leading questions like:
- What protocols do you use when dispensing medication or regarding other pharmacy duties?
- Were there any deviations from official protocols, and have similar incidents happened before?
- What have you done to address the incident or prevent its future occurrence?
Despite their intimidating nature, when you're working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, this uncomfortable experience can support your best outcome. Our firm helps you understand what kinds of questions to expect and will show you how to listen carefully and focus on what the investigator is asking. We will take time to coach you on how to take your time to consider the question and focus your answer. One of our attorneys can also be with you during the interview to help make sure inquiries are fair and clear.
Investigators will likely request documents in addition to your interview as a means to further substantiate the allegations. Whether they require dispersal logs, patient information, communication with primary care providers, or even the pharmacist's compliance records, our attorneys will ensure you gather and provide them promptly to cooperate fully.
Informal Resolutions
After the ISU gathers evidence and anything else to substantiate the complaint, it compiles a report for the Prosecution Services Unit (PSU). The PSU reviews the complaint and investigation material with a member of the Attorney General's Office to recommend a course of action to the Board, which may include:
- Emergency Order
- Expert Review
- Closing Order
- Administrative Complaint
Cases are ultimately decided by a Probable Cause Panel (PCP), which contains either two or three Board members who review all evidence and information gathered during the investigation. An Administrative Complaint is recommended when the investigation or the Expert Review supports probable cause.
Licensees may enter into a Settlement Agreement that imposes negotiated penalties. The Board may even suggest a voluntary relinquishment of a license, ceasing the ability to practice until the Board-imposed conditions are met and the individual is eligible for reinstatement. However, if a licensee disagrees with the assertions and the offered agreement, they may petition for an administrative hearing.
Administrative Hearings
The Division of Administrative Hearings (DOAH) holds proceedings for all licensed individuals in Florida, with an Administrative Law Judge (ALJ) assigned to each case. Sometimes, however, the DOAH may use its Alternative Dispute Resolution (ADR) program. In such a case, a second ALJ acts as an "ADR Judge," who invites the licensee and a Board representative to participate in a settlement conference.
If the case is resolved through a settlement conference, the ADR Judge issues a report advising the ALJ assigned to conduct the final hearing, and the case's jurisdiction is promptly relinquished to the Board. If the parties remain at an impasse, the case proceeds to a final hearing.
Although not as formal as a courtroom trial, both sides can present evidence, call and cross-examine witnesses, and make arguments to the ALJ. As the prosecuting party, the Board bears the burden of proof—but a very low bar to hurdle—with the DOAH working off the "preponderance of the evidence" standard. Once the ALJ renders its decision, including recommended sanctions, the Board will review the order and may accept, modify, or reject the ALJ's determination. In a majority vote from the Board, a Final Order becomes legally binding, and notification is sent to the licensee.
Sanctions for Pharmacists
Once licensees receive the Board's Final Order, they can appeal to a district court of appeal within 30 days. Appeals are not a rehearing of the matter but a review of the case for legal or procedural errors. Therefore, unless mistakes are present, the licensed pharmacist will have sanctions levied upon them.
The Board considers aggravating and mitigating factors when managing violations, but will adhere to a set of guidelines within the state administrative code. Among the possible sanctions for pharmacists are the following:
- Reprimand: an official letter of disapproval from the Board.
- Fines: monetary penalties that range from as little as $250 to as much as $10,000, depending on the violation.
- License Probation: restrictions on an individual's license to practice, which likely include required continuing education, remedial courses, and other stipulations to prevent future recurrence.
- License Suspension: practice prohibition for a set period of time until they meet certain requirements, demonstrate professional restoration, and apply for reinstatement.
- License Revocation: a complete ban on practicing, with or without the opportunity to reapply at a later date.
With the risk of career-ending discipline, the Lento Law Firm's goal is to resolve allegations and charges before the Board levies sanctions. The time to seek help isn't during the appeals stage; the best chance to lessen a complaint's impact is to contact us as soon as it has been filed.
Jacksonville Metro Area Pharmacist License Defense
Whether you're working as a pharmacist in one of the larger cities in the Jacksonville Metro Area or anywhere throughout Duval, St. Johns, Clay, Nassau, and Baker counties, you need a strong defense. The Lento Law Firm's Professional License Defense Team has 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. We have a deep understanding of the laws, rules, and regulations that apply to pharmacists and know what it takes to defend your ability to practice.
If you're on staff at a multi-campus health center in Jacksonville, at a standalone pharmacy in Fernandina Beach, Orange Park, St. Augustine, or anywhere throughout the metro area licensed to dispense medication, contact our team to understand what you and your license are up against before the disciplinary process begins. Call the Lento 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.
