Pharmacists handle a wide range of potentially powerful medications, so it is right that the industry is highly regulated. However, there is a fine line between strict regulation and undue suspicion of pharmacists, as well as unjust allegations of wrongdoing. Those facing potential discipline must recognize that industry leaders may act overzealously, levying harsh sanctions without the necessary evidence for doing so.
Whether you have made a mistake, are embroiled in a miscommunication or misunderstanding, or have been baselessly accused of wrongdoing, it is vital that you take the situation seriously. Even if the truth is on your side, an unjust ruling could result in the suspension or revocation of your license or another sanction, causing irreparable harm.
Now is the time to pull out all stops in defense of your license, which is tantamount to your livelihood. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online. Let our experience and training work to your benefit.
Kentucky Reserves the Right to Discipline Pharmacists (Potentially Harshly)
Kentucky statutes grant the Kentucky Board of Pharmacy the power to enforce laws, rules, and regulations specific to pharmacists. Statutes state that Kentucky law “authorizes the board to promulgate administrative regulations relating to the practice of pharmacy, including a process for complaints and hearings…authorizes the board to enforce pharmacy laws and administrative regulations.”
This means that:
- The Board determines if complaints against pharmacists have merit
- The Board oversees the adjudication of complaints, including hearings
- The Board determines the sanctions a pharmacist should face if deemed responsible for an offense
- You will be dealing with representatives of the Kentucky Board of Pharmacy as you defend yourself and your license
Hopefully, the Pharmacy Board will handle your case in a transparent, truth-focused manner. However, even if the Board does not handle your case in good faith, it has the capacity to issue serious sanctions against your license.
Do Not Assume a Fair Outcome Will Emerge Without a Vigorous Defense
As attorneys whose mission is to help professionals retain valid licenses and their means to earning a living, we have seen firsthand that disciplinary boards often get it wrong. Some of the common missteps that lead to unjust disciplinary outcomes include:
- Disciplinary investigators and board members failing to recuse themselves due to conflicts of interest
- Disciplinary boards failing to consider exculpatory evidence
- Disciplinary board members interpreting evidence inaccurately or giving excessive credence to non-credible evidence or testimony
- Decisionmakers entering disciplinary proceedings with the preconception that the person accused of wrongdoing is responsible
- Hearing administrators failing to allow the professional to present all relevant evidence and testimony
- Disciplinary boards issuing disproportionately harsh decisions
Our attorneys address such issues head-on, voicing our concerns and seeking an immediate resolution. If we are unable to enact the necessary solution, we will address such mistakes on appeal.
What License Sanctions Could Mean for You
Every professional relies on their license to earn a living, which means they rely on their license to support themselves and their dependents. This means that suffering a formal reprimand, suspension, or revocation affecting your license could:
- Immediately and indefinitely prevent you from practicing as a pharmacist
- Deprive you of your sole or primary source of income
- Require you to jump through hoops to regain your ability to practice pharmacy (if you are even permitted to apply for reinstatement)
- Cause irreparable harm to your reputation, which may have severe financial ramifications
- Deprive you of future professional opportunities
- Cause significant pain and suffering, as losing one's means to earn a living can be psychologically and emotionally devastating
- Cause immense distress for those who depend on you financially
The strict regulations governing the pharmaceutical industry mean that if you are found responsible for certain alleged offenses, you may be vulnerable to criminal charges. This is all the more reason to clear your name of allegations beyond a doubt.
Grounds for Pharmacist Discipline in Kentucky
Pharmacists across the nation face a high behavioral standard, and even a minor perceived transgression could trigger a grievance. Some grounds for the Kentucky Board of Pharmacy to initiate disciplinary proceedings include:
- Obtaining one's license to practice pharmacy through fraud or deceit
- Handling medications in a manner that violations laws or regulations
- Failing to provide accurate medications and dosage amounts
- Being convicted of a criminal offense that reflects an inability to do one's job effectively
- Helping another person practice pharmacy without proper licensure
- Engaging in customer relations that are deemed unprofessional
- Any other act that violates Kentucky law, pharmacy regulations, or the Pharmacy Board's rules
It is important to note that complaints against pharmacists are not always factual. Misunderstandings, personal grudges, and other circumstances can lead someone to file a complaint that is not warranted. Even so, pharmacists have undoubtedly faced real consequences for false allegations, so it is critical that you take even a baseless accusation of wrongdoing seriously.
The Disciplinary Adjudication Process for Pharmacists in Kentucky
201 KAR 2:061 provides significant detail about how the Kentucky Pharmacy Board handles complaints against pharmacists. The process ahead of you likely involves:
Filing of a Grievance Against You
The Kentucky Board of Pharmacy allows virtually anyone to file a grievance against a pharmacist, including:
- A customer
- A competitor
- A coworker
- A health professional
- A government or provider agency
- Any other “interested party”
This wide-open inbox for grievances (including from competitors) leaves plenty of room for baseless and exaggerated allegations. Grievances don't have to be sworn or notarized, which further heightens the risk of frivolous complaints against you.
Investigation of the Grievance
A member of the Board of Pharmacy staff or a special investigator will oversee the investigation of the grievance against you. They must notify you in writing that you are the subject of a grievance, and you may have already received such a letter.
The investigative process will likely entail the following:
- At least one meeting between you and the investigator
- Handing over evidence that exculpates you from the allegations against you
- The investigator speaking to the complainant and any witnesses whose testimony is relevant to the grievance
If the investigation is not already complete, it is in your interest to have an attorney protecting you throughout this process.
Case Review Panel Evaluates the Investigator's Findings
The investigator of the complaint against you must report their findings to the Case Review Panel within 120 days of the receipt of the grievance. The investigator has the right to apply for multiple extensions of the investigative period, but your lawyer will press for the Board to conclude its investigation in a reasonable timeframe.
If the allegation(s) against you involve the mishandling of a controlled substance, the investigation process could also involve the Attorney General's Office, further complicating matters.
Case Review Panel Renders Its Decision
Three assigned members of the Kentucky Board of Pharmacy will review the investigator's findings. The Case Review Panel can meet with the investigator, and they will rely on the findings to determine if either:
- The preponderance of the evidence suggests that you are responsible for the allegations against you
- The preponderance of the evidence does not show a violation occurred
The Case Review Panel will dismiss the case if it determines there is not sufficient proof that a violation occurred. If the Panel finds sufficient reason to think a violation occurred, it can take several courses of action, including:
- Issuing a letter of reprimand
- Proposing a diversion agreement
- Negotiating a Consent Order with you and your attorney
- Issuing a formal complaint
- Notifying you of a hearing
- Referring the case back to the investigator for further investigation
Your lawyer will be critical in helping you respond appropriately to any of these courses of action.
Settlement Conference (Which May Come at Your Request)
You can request a settlement conference at any point in the adjudication process. If you request such a conference, the Board has to schedule the conference.
You and your attorney can decide if negotiating a settlement could be in your favor. Even if you do not reach a resolution, it may be worth exploring what settlement the Pharmacy Board would be willing to offer.
Hearing
While available statutes do not provide much insight into how the Kentucky Board of Pharmacy conducts its hearings, it is safe to assume that the typical hearing involves:
- The presiding board members ask questions of the complainant, pharmacist, and witnesses
- Your attorney questioning witnesses
- The board members consider all relevant evidence
- Your attorney making oral arguments
Hearings are dynamic and unpredictable. Having a lawyer from our team leading your defense in a hearing setting may be a prudent decision, as our attorneys have extensive courtroom experience.
Final Order
The board members that oversee the hearing will deliberate in private and issue a final order. This order may include a finding of responsibility and issuance of sanctions. Conversely, the board members may find insufficient evidence of a violation and dismiss the case.
Appeal (If Necessary)
If the Kentucky Board of Pharmacy issues an adverse ruling against you, your attorney will exhaust all appeal options. They will be ready to file an appeal from the outset of your case, as appeals are almost always time-sensitive.
The attorneys at the Lento Law Firm Professional License Defense Team do not rest until we have attained an acceptable resolution for our clients. While we hope to achieve a dismissal or settlement as early as possible, we are prepared to fight for you all the way through the appeals stage.
Reasons Not to Handle Your License Defense Without a Capable Attorney (from the Lento Law Firm Professional License Defense Team)
Pharmacists generally have to obtain both a Bachelor's degree and a Doctor of Pharmacy degree before they are eligible to practice. Additionally, you may have years of experience that have brought you to your current professional status. If you suffer severe license-related sanctions, these achievements and investments could be for naught.
You have too much to lose to handle your defense on your own. Hire an attorney from the Lento Law Firm Professional License Defense Team because:
- License defense is what we do: Our Professional License Defense Team focuses solely on defending professionals like you. We are very familiar with adjudication processes in many states, including Kentucky. Such experience is priceless when your license and livelihood are at stake.
- You likely have other responsibilities to tend to. Most of our clients lack sufficient time or energy to build an effective defense. This is one of many reasons why we lead the defense process from start to finish.
- We have dealt with many disciplinary boards: Our attorneys have encountered a variety of challenges and disciplinary boards. There is always an element of unpredictability in professional licenses defense cases, and our lawyers are never caught off guard thanks to our experience.
- We know what due process looks like (and does not look like): Our attorneys insist that disciplinary boards respect our client's right to due process. We will tell your story and exercise all available avenues to resolve your case.
Our attorneys will ensure you receive the full measure of due diligence. We will exercise every opportunity to resolve your case favorably, and we will not settle for any outcome other than the one you deserve.
Our Attorneys Are Familiar with Kentucky's Pharmaceutical Landscape
Our lawyers serve pharmacists throughout Kentucky, including in:
- Lexington
- Louisville
- Bowling Green
- Owensboro
- Covington
- Georgetown
- Richmond
- Florence
- Nicholasville
- Hopkinsville
- Elizabethtown
We serve clients throughout the state, so rely on our attorneys to fight for you.
Call the Lento Law Firm Professional License Defense Team Today
The adjudication process may move ahead without wait, and your rights could be at risk right now. We will immediately gather facts and evidence for your defense, and we will guide you through the tumultuous process ahead.
Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or contact us online. Now is the time to accept help from attorneys you can trust.
