As a pharmacist, you perform a highly complex and skilled job every day. Not only does your work require care, attention to detail, and precision, but you're faced with moral dilemmas just as frequently as other health professionals. You're also held to the same level of professional and ethical standards, too. And be assured – state licensing boards are always ready to discipline even the most hard-working, dedicated pharmacists for perceived deviations from the professional standards expected of them.
For any pharmacist, the most significant possible outcome of any state licensing board investigation is losing their license – and their livelihood. And while there's never any guarantee that your license can be protected, hiring an experienced license defense attorney is your best chance of protecting your career.
If you're a pharmacist in Michigan facing disciplinary action, or your license has been revoked or suspended, act now. Call the Lento Law Firm at 888.535.3686 or complete our online form to schedule a meeting with an experienced license defense attorney.
The Michigan Board of Pharmacy
Responsibility for conducting license investigations against pharmacists in Michigan rests with the Michigan Board of Pharmacy. The Board will investigate complaints against pharmacists for alleged violations of the Michigan Public Health Code. For pharmacists, examples of conduct that may invite investigation include:
- Certain criminal convictions, e.g., fraud
- False advertising of medical products
- Erroneous record-keeping
- Prescription dispensing errors
- Working under the influence of drugs or alcohol
- Breaching patient confidentiality
- Mishandling patient records
- Allowing junior pharmacists to work without supervision
- Undertaking duties beyond current qualifications
These are just some examples of conduct which could result in disciplinary action. Complaints may be initiated – and investigated – for various reasons.
The License Investigation Process
Should you be under investigation by the Michigan Board of Pharmacy, the procedures can be summarized as follows.
- An individual files an online complaint against the pharmacist in question via the Michigan Professional Licensing User System.
- The Pharmacy Board reviews the complaint. The complaint may then be authorized for further investigation or dismissed at first instance.
- Should the complaint involve any substance abuse accusations, the professional may be immediately referred to the Health Professional Recovery Program (HPRP) pending further action. The idea is to protect the public; however, even this initial referral can have significant consequences for a pharmacist – especially if they're innocent.
- Authorized complaints are investigated. Typically, this means reviewing available documented records, interviewing witnesses, and interviewing the pharmacist involved.
The Investigation
There are three possible outcomes from the initial investigation:
- The file is recommended for closure without further action.
- Although there's insufficient evidence for a formal administrative complaint to be filed at this stage, there is enough to seek further expert opinion.
- A formal administrative complaint is filed against the pharmacist.
- Should an administrative complaint be filed, this means that the Board believes the pharmacist has violated the Public Health Code.
- The pharmacist will receive notice of the complaint in writing. They must acknowledge and respond to the notice within 30 days, or sanctions will be applied automatically.
- A summary suspension may be issued if the Board believes there's an immediate need to protect the public.
Compliance Conference
Prior to a formal administrative hearing, the Board holds a compliance conference with the pharmacist. It's possible to negotiate a settlement at this stage; however, you should seek legal advice prior to agreeing to any disciplinary action.
- A binding agreement may be reached between the Board and the pharmacist. This truly is a contract between both parties – a violation could result in automatic license suspension or revocation.
- If there's no settlement, the case proceeds to a formal administrative hearing.
Administrative Hearing
The administrative hearing is a formal procedure. All parties involved have the chance to present their own evidence and cross-examine witnesses. In Michigan, you have the right to legal representation at this hearing.
The hearing committee proposes a decision which is reviewed by a disciplinary subcommittee. Should they agree to the decision, it's communicated to the pharmacist in writing.
Outcome of License Investigations
Possible outcomes of investigations by the Michigan Board of Pharmacy include:
- Dismissal of the allegations
- Fines or penalties
- Probation/restricted practice
- Mandatory training
- Mandatory substance abuse or psychological counseling
- Formal reprimands
- License suspension
- License revocation
There are, as we can see, alternatives to license suspension or revocation. As such, suspension or revocation should, in most cases, be a last resort. Should disciplinary action be inevitable, our Professional License Defense Team will endeavor to ensure that any action taken against your license is proportionate, depending on the circumstances.
Consequences of Pharmacist License Suspension or Revocation
There are various consequences associated with license suspension or revocation for pharmacists in Michigan. Such consequences include:
- Loss of your livelihood
- Loss of your financial investment into a pharmacy career
- Professional reputation damage
- Lack of confidence in your own abilities
- Mental and psychological health problems
- Reduced prospects for promotion or career progression
- Inability to work as a pharmacist in other US states
The ramifications of pharmacist license suspension or revocation are grave. And even if you're entirely innocent, the initial complaint – and how it's handled – can continue to haunt your career for years to come. It's crucial that you take urgent steps to mitigate the possible consequences. This includes seeking legal advice as soon as practicable.
Appealing a Decision to Revoke or Suspend Your Pharmacist License in Michigan
You normally have the right to appeal an adverse licensing board decision in Michigan, and a Michigan Board of Pharmacy decision is no exception. Typically, this means appealing to MI's appellate court or Court of Appeals. You need grounds for appealing the decision, though – it's not enough to wish for the court to reconsider the evidence and reverse the decision.
Grounds for appeal include, for example, the Board failing to follow due process, adhere to rules of evidence, or apply the law correctly. Our Professional License Defense Team can explain if you have grounds for an appeal based on the facts.
Should your appeal be unsuccessful, can you get your license back any other way? Let's consider the question.
Getting Your Pharmacist License Back After Suspension or Revocation
It is possible to seek reinstatement of your license from the Michigan Board of Pharmacy. However, there are various caveats.
- According to the Michigan Board's relicensure instructions, you cannot seek reinstatement if you have disciplinary action which is currently active e.g., you're currently suspended. You may seek relicensure once this action is no longer active.
- You'll typically be required to demonstrate that you retain the required competency to work safely. This may involve attending training, counseling, or volunteer opportunities.
- You will be required to pay any outstanding fees or penalties before your application can be considered.
You will also be expected to explain why you were suspended or had your license revoked, which is no easy task. There's no guarantee the Michigan Board of Pharmacy will reinstate your license, so the best strategy is to do everything you can to protect it in the first instance.
Why You Need a Professional License Defense Attorney
As a professional, you may wish to handle something as sensitive as license investigations alone. You may even just hope the problem goes away and opt to leave everything to chance. However, there are various reasons why you should strongly consider hiring a professional license defense attorney sooner rather than later.
- State licensing boards exist to keep the public safe. It's their job to investigate even the smallest perceived incident involving a pharmacist. They will approach this duty with rigor – and substantial resources on their side. Without support, you're already at a disadvantage.
- Furthermore, licensing boards have experienced legal teams on their side. These attorneys have a deep understanding of the laws, procedures, and processes involved in disciplining Michigan pharmacists. You deserve to have someone on your side who is equally knowledgeable.
- Defending a professional license requires significant negotiation and advocacy skills. An experienced attorney knows what to expect and how to approach licensing boards and their legal counsel successfully.
- Chances are this is your first time facing disciplinary action. If you don't know what to expect, the whole process could leave you feeling overwhelmed. You may also make mistakes – or simply say the wrong thing – and jeopardize your entire case. You don't need surprises right now. You need security. And this is what hiring an experienced defense attorney can achieve.
How the Professional License Defense Team at the Lento Law Firm Can Help
At the Lento Law Firm, we're guided by one principle: protecting our client's legal rights. It's our privilege to champion the rights of those facing seemingly insurmountable legal challenges. And when we stand in your corner, we will do our utmost to guide you through the processes involved.
Hire our attorneys, and you can expect the following from us:
- Knowledge: The Lento Law Firm Team understands the intricacies of pharmacist conduct codes and regulations in Michigan. We're familiar with license investigations, and we'll use our knowledge to ensure that you are treated fairly.
- Drive: It's simple – we're passionate about what we do. We care about protecting your pharmacist license, and we're driven to protect your legal rights at every turn.
- Experience: Our attorneys are no strangers to state licensing board negotiations in Michigan. We understand how licensing boards work and how to handle the delicate negotiations involved. We will use our experience to arrive, where possible, at the most favorable possible outcome.
- Support: You deserve to feel supported right now – no one should stand alone before a state licensing board. Our attorneys will walk this road with you. We'll answer any questions you have, keep you informed of any updates, and empower you to make the best decisions for your professional future.
- Strategy: No two license investigations are alike. We know that your case is entirely unique, which is why we will devise a bespoke defense strategy to suit your needs. And at each step, we'll explain what we're doing to move your case forward.
Your license matters to you, and so it matters to us. Don't delay in calling us to get the legal advice, representation, and guidance you deserve.
A National Law Firm Representing Pharmacists Across the US and Michigan
License issues are serious, no matter whether you're a newly qualified pharmacist or a professional with many years of experience. No matter how long you've been a pharmacist in Michigan, and no matter the allegations against you, the Lento Law Firm can help.
As a premier national law firm, our attorneys represent pharmacists and other healthcare professionals across the US in all states. We work with pharmacists in every corner of MI, including:
- Detroit
- Grand Rapids
- Sterling Heights
- Warren City
- Livonia
- Troy
- Westland
If you're a pharmacist facing disciplinary action and possible license revocation in Michigan, call the Lento Law Firm Team now to schedule a meeting.
Retain Our Professional License Defense Team
Pharmacists play a critical role in delivering safe and effective healthcare to every US citizen. Do not lose sight of just how important your job is – and how much you deserve to protect your right to perform it.
The threat of license suspension or revocation is serious, and it's crucial that you take steps immediately to protect not just your legal rights but your professional reputation and career opportunities. At the Lento Law Firm, we're passionate about helping you retain the career you've worked so hard to build. We're committed to building a compelling case in your favor based on the circumstances, and we'll do everything possible to secure the fairest possible outcome. Whether this means negotiating a dismissal of the complaint or appealing license revocation, we're on your side.
Your pharmacist license is too significant to leave anything to chance. Contact the Professional License Defense Team at the Lento Law Firm at 888.535.3686 now to schedule a consultation. You can also complete our contact form, and we will respond promptly to set up a meeting.
