The Kansas Board of Pharmacy has a lofty mandate, which is to ensure pharmacists throughout the state are qualified, fit, and following the industry's many rules and regulations. Honoring this mandate is an imperfect process, and pharmacists often become victims of false allegations, unjust sanctions, and other career-related hazards.
Any sanction on your license could be viewed as an implicit condemnation of your character and fitness as a pharmacist. If you have received notice of a complaint, your primary focus must be to clear your name or negotiate an acceptable settlement. Both forgivable mistakes and groundless accusations of wrongdoing happen, and in either case, you deserve to move on from this troubling chapter without suffering professional ruin.
The attorneys at the Lento Law Firm Professional License Defense Team have many years of experience helping pharmacists navigate the disciplinary process successfully. Call us today at 888.535.3686 or contact us online. Our attorneys will mount your defense as soon as possible, and we'll work urgently to secure the outcome you deserve.
Kansas' Statutory Basis for Sanctioning You as a Pharmacist
Every state makes it crystal clear, through its laws, who has oversight of professionals in the state. The Kansas Board of Pharmacy's Laws and Regulations reflect state statutes and detail the Board's mandate to evaluate and discipline pharmacists and organizations as it sees fit.
The Laws and Regulations cover a wide range of potentially serious actions the Board can take, including:
- Petitioning the Attorney General to take criminal action against a pharmacist or organization (a petition to prosecute)
- Issuing a formal reprimand
- Placing a license on probation
- Issuing an emergency suspension or revocation
- Issuing a long-term suspension
- Revoking the license on a permanent or conditional basis
- Issuing fines
Such discipline will have an immediate or near-immediate effect on your reputation and ability to practice without limitation. However, the long-term ramifications of such sanctions could be the most harmful ones.
The Cost of License Sanctions Range Far Beyond the Sanctions Themselves
Formal sanctions may catch your attention first, as you will be rightfully concerned with the specific punishments the Board of Pharmacy could levy against you. However, as you consider whether to hire an attorney from our team, you must also consider the long-ranging effects of any formal sanctions, which may include:
- Immediate, severe, and long-lasting financial instability, as your sole or primary source of income may be immediately taken from you
- Loss of reputation, which can manifest as lost contracts, business partnerships, and professional opportunities
- Devastating effects on your psyche, self-image, and general mental health, particularly if sanctions negatively affect your financial stability
One's ability to do their chosen profession effectively is vital to their wellbeing, as well as the wellbeing of those who rely on them. This is what is at stake if you fail to convincingly overcome allegations against you.
The Licensing Board Does Not Always Make the Right Decision, Here's Why
You might ask, “Won't I be fine if I haven't committed the offense I have been accused of?” You would not be the first to ask this question, and you would not be the first to face the consequences of such a naive assumption.
This might not shock you, but disciplinary bodies (including the Kansas Board of Pharmacy) do not always make the right decision. Some reasons why, left to their own devices, the Board might issue unjust sanctions against you include:
- Investigators and board members are humans who may not be as discerning, fair, or free from bias as you would hope
- Board members may have a personal history with you or other biases that corrupt their judgment
- Evidence is not always readily available, and a lack of total evidence could paint an inaccurate picture of your circumstances
- Fair or not, board members could enter proceedings with the assumption that you are responsible
It is your responsibility to prove beyond a shadow of a doubt that:
- You are not responsible for allegations against you
- You had no malicious intent or knowledge of wrongdoing and therefore are worthy of leniency
Hiring a lawyer from the Lento Law Firm Professional License Defense Team is the very least you can do to mount the most effective defense possible. Your career depends on it.
Why Pharmacists in Kansas Can Face Discipline
Your job (presumably) requires you to oversee the administration of complex medications, including powerful ones. In addition to the great responsibility you have to customer safety, you face the same workplace and career challenges that any other professional does—just in a far more regulated, highly monitored environment.
The margin for error is razor-thin in the pharmaceutical field, and you could face allegations of wrongdoing that are entirely meritless. Your disciplinary proceedings may arise from one of the grounds detailed in § 65-1627, including:
- Being convicted of certain misdemeanors or any felony offense
- Obtaining or maintaining a license through deceit or fraud
- “Unprofessional conduct” or “professional incompetency,” vague phrases that leave plenty of room for interpretation (or misinterpretation)
- Substance use to “a degree as to render the licensee unfit to practice the profession of pharmacy.”
- Violation of state or federal regulatory statutes
- Filling a prescription in a manner not in accordance with laws, rules, or regulations
- Mental or physical incapacitation
- Practicing pharmacy without a valid license
These are just some of the many reasons the Kansas Board of Pharmacy might cite in initiating disciplinary proceedings against you. A mere allegation, which virtually anyone may file against you, can be all it takes to start the ball rolling toward potentially devastating sanctions.
It is important to note that even if you admit you have made a mistake or committed an error in judgment, you deserve and need a vigorous defense. You should seek leniency, and there can be several paths to a resolution that you can live with. However, if you fail to take your defense seriously or simply accept an outcome without fighting, the result could be ruinous.
How Kansas Processes Complaints Against Pharmacists
The Kansas Board of Pharmacy provides dense detail about its proceedings, noting that both parties can request depositions, that the Board may issue subpoenas related to a disciplinary investigation, and that the Board ultimately determines the outcome of the proceedings.
The fine details of how the Board of Pharmacy handles complaints against pharmacists can be daunting, and you should take the proceedings ahead seriously. However, the adjudication of complaints against pharmacists typically follows a similar process in most states, which includes:
Receipt and Notification of a Complaint
You should receive written notice of the complaint filed against you. Such notice will allow you to take immediate measures to prepare a defense, including hiring an attorney from our team.
It's possible the Kansas Board of Pharmacy will find no grounds to proceed with a formal disciplinary process. However, you should not bank on this possibility. Prepare for the worst by hiring a lawyer, and you can be pleasantly surprised if a better outcome unfolds.
Investigation of the Complaint
The investigation stage is when many pharmacists realize the gravity of the complaint against them. This process may involve:
- You meeting with the investigator, who should be independent and unbiased (but may not be)
- You presenting any evidence that contradicts the complaint against you
- The investigator meets with any witnesses whose insights are relevant to the proceedings
It is critical that you retain a lawyer before the investigation begins, if possible. If you make a mistake during this stage, the investigator may latch onto the mistake as proof of guilt. A lawyer from our team will ensure this does not happen.
Publication of the Investigator's Findings
Investigators typically compile their findings in a report and provide it to the disciplinary board. This report may include a recommendation of action (or non-action) against the pharmacist.
You may also be entitled to a copy of this report, which our attorneys can obtain. This report may be beneficial to any further disciplinary proceedings ahead.
Negotiation of a Consent Order
You may be able to request a settlement agreement known as a consent order. The Board may propose this opportunity, too.
While many pharmacists are not responsible for allegations against them and want to clear their name entirely, a consent order could make sense if:
- You have committed an error and are willing to own it
- You believe certain evidence or witness testimony shines poorly upon you, even if you are not responsible for the allegations
- You are not confident that the Board will issue a fair decision following a hearing
- You want a certain case outcome and are willing to accept some minor sanctions
Your attorney from our team will help you make the right decision for you. If this means negotiating a consent order, we will work to secure the most favorable agreement possible.
A Hearing
Hearings are a critical aspect of any disciplinary proceeding, and it is one the Kansas Board of Pharmacy details in depth in § 68-20-13. This statute explains that:
- The hearing is “for the purpose of receiving factual evidence regarding the issues involved in the denial, revocation, or suspension of any registration.”
- Your counsel is permitted to represent you in the hearing, and they are expected to follow the Board's unique rules and procedures for hearings
- The Board will issue a Final Order “As soon as practicable” after the hearing has concluded and entered the official record.
Most disciplinary hearings involve relevant witness testimony, the presentation of evidence, oral arguments by counsel, and perhaps statements from the complainant and pharmacist who faces potential discipline.
Our attorneys prepare vigorously for disciplinary hearings, as this can be a prime opportunity to prove the client's non-responsibility, lobby for fair sanctions and leniency, or secure any other outcome the client deserves.
A Ruling by the Kansas Board of Pharmacy
Following the hearing, the board will issue its decision. This decision may be favorable, unfavorable, or somewhere in between.
If you decide that the board's ruling is not acceptable, we will initiate the appeals process immediately.
Appeal
Appeals are an indispensable feature of due process. Though our attorneys are often able to secure favorable settlements, dismissals, and positive rulings, appeals are sometimes necessary.
We will immediately and urgently lead your appeal. We will also exhaust any legal options available to fight an adverse ruling by the Kansas Board of Pharmacy.
Know the Value of Hiring an Attorney from Our Team
It is no wonder why so many pharmacists and other professionals turn to the Lento Law Firm Professional License Defense Team when their licenses, reputations, and income are at stake. It is difficult to place a value on our services because:
- Your license may be priceless: Our lawyers understand what is at stake when your license is on the line. You should, too, and you should hire a lawyer to present the strongest defense possible.
- Our attorneys bring years of experience: We have helped countless professionals overcome serious allegations, mitigate harm, and continue in their careers.
- We pivot from one strategy to the next, as necessary: Whether we are pressing for the dismissal of the complaint, negotiating a favorable consent order, arguing your case during a hearing, leading an appeal, or taking legal measures, our lawyers pivot seamlessly from one strategy to the next.
You will be able to continue focusing on professional and personal responsibilities because we are handling every detail of your license defense.
We Are Familiar with Kansas
We serve every community in Kansas, including:
- Wichita
- Kansas City
- Overland Park
- Topeka
- Lawrence
- Shawnee
- Lenexa
- Manhattan
- Salina
- Hutchinson
- Leavenworth
Every pharmacist deserves a capable defense, and that's what we provide. Wherever you live or work in Kansas, let our dedicated and effective attorneys fight for you.
Call the Lento Law Law Firm Professional License Defense Team Today
Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online. Let our dedicated attorneys fight to protect your license and reputation.