Being a pharmacist is justifiably a prestigious job. You work tirelessly, providing patients in your community with life-saving medication and medication counseling to ensure their safety and well-being. At the Lento Law Firm, we know it takes years of higher education, numerous hours of studying for licensure, and a seriously high financial cost to become a pharmacist. You have worked incredibly hard to get where you are today, so learning there is a threat to your Minnesota pharmacist license is no joke. You must take all complaints against you with the utmost seriousness.
You may be unsure what to do next when you learn that a misconduct complaint has been filed against your pharmacist license. Your emotions could range from devastated and stressed to not at all concerned if the claims are baseless. Both responses are normal; you should neither panic nor brush off the complaint as no big deal. The Lento Law Firm Professional License Defense Team is here to walk you through the next steps of the process. Even baseless claims can be reputationally and financially damaging. Our Team will explain the disciplinary process, devise a strategy for your defense, and fight to protect your Minnesota pharmacist license. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online.
Minnesota Pharmacist Regulatory Body
The Minnesota Board of Pharmacy governs all aspects of pharmacy in the state, including pharmacies, pharmacists, pharmacy technicians, pharmacy interns, controlled substance researchers, medical gas distributors, drug wholesalers, and drug manufacturers. The Board of Pharmacy is in charge of licensing these businesses and individuals, developing and implementing rules and regulations related to such, and addressing disciplinary action complaints.
The Board of Pharmacy comprises nine board members, six of whom must be pharmacists holding an active Minnesota pharmacist license, and three members of the public. In addition, the Board of Pharmacy members are supported in their operations by staff, some of whom are involved in the disciplinary action process. Board of Pharmacy staff involved in reviewing and investigating complaints against pharmacists include seven board surveyors who are required to be practicing Minnesota licensed pharmacists, as well as the executive director, deputy director, and attorney.
The Board of Pharmacy maintains an online database that allows the public to verify the licensure status of all professionals and businesses under its purview. Additionally, it maintains a webpage that lists the Board of Pharmacy's disciplinary actions since 2001. The list includes a brief summary of the incident and the disciplinary action taken against the individual or business. The public may submit a request to the Board of Pharmacy for a copy of all the public information related to the case.
Minnesota Pharmacist License Disciplinary Action Process
The Board of Pharmacy will thoroughly address every complaint it receives. The Board of Pharmacy has the authority to handle any claim that alleges a violation of Minnesota pharmacy laws or regulations. It cannot handle cases alleging a pharmacist has charged too much for prescriptions ph, pharmacy services, or other billing-related issues. Cases may be handled differently depending on the nature and severity of the allegations, but generally, the disciplinary process will look as described below. Cases can take anywhere from weeks to months and, in some cases, over a year to resolve.
Complaint
The Board of Pharmacy will typically become aware of potential pharmacist misconduct through either an inspection of their place of work or a written complaint. Anyone can file complaints, but patients, colleagues, or employers generally are the ones filing them. Colleagues and employers are mandated to report if they have suspicion or knowledge of a pharmacist's misconduct; in fact, they may themselves face disciplinary action for failing to report.
Complaints are kept confidential; the only people who will be informed of or get updates about the complaint are you, the pharmacist in question, and the complainant. You will be notified when the Board of Pharmacy receives a complaint against you and your pharmacist license. The Board of Pharmacy staff will then enter the complaint into its licensing and regulatory database and assign it to a surveyor.
The moment you receive notice of the complaint against you, you need to contact the Lento Law Firm Professional License Defense Team. Whether the claim against you is baseless or has merit, you must be prepared to defend your license, and the Lento Law Firm will vigorously defend your Minnesota pharmacist license.
Investigation
The Board of Pharmacy assigned a surveyor to be in charge of investigating the complaint. In some severe circumstances, the complaint will be referred to the Office of the Attorney General, which will conduct the investigation. The surveyor's investigation will likely include visiting your pharmacy of employment, interviewing your colleagues, reviewing the pharmacy's policies and procedures, and obtaining relevant records or documents. When the investigation is completed, the surveyor will draft an investigation report to be reviewed by the Complaint Review Panel.
Complaint Review
The Complaint Review Panel is made up of two Board of Pharmacy members: the executive director, deputy director, and surveyor in charge of complaint investigation coordination. As needed, the Panel may also receive legal guidance from its counsel. The Panel will review the investigative report and complaint and decide on the next course of action.
If the surveyor cannot substantiate the allegations in the complaint or the alleged violation does not meet the severity of requiring disciplinary action, the case will be dismissed. The Complaint Review Panel may also determine that further investigation is required, which is called a continuance. If it has not brought in the Office of the Attorney General, it may at this point.
The Complaint Review Panel can also offer you an Agreement for Corrective Action (ACA) if it believes disciplinary action isn't warranted so long as you take certain corrective actions. An ACA is a legally binding contract between you and the Complaint Review Panel. The contract will require you to take immediate remedial actions, including participating in training or continued learning education, retaking your pharmacy law exam, and more. ACA is not a formal disciplinary action, but you should be aware it is available to the public and would, therefore, be viewable by future potential employers. Before signing, you should speak with your Lento Law Firm attorney to understand all the risks and benefits of an ACA.
Conference
If the Complaint Review Panel believes disciplinary action against you and your Minnesota pharmacist license is necessary, a conference will be scheduled between you and the Committee on Professional Standards. Conferences are not open to the public. The Committee on Professional Standards, like the Complaint Review Panel, comprises two Board of Pharmacy members, the executive director, the deputy director, and the Board of Pharmacy attorney.
You will receive notice of the conference, which will contain the logistics for the conference, the allegations against you, and the possible disciplinary actions. If you have not yet retained counsel, now is the time. You cannot afford to go to a conference without a Lento Law Firm Professional License Defense Team attorney; our Team always represents Minnesota pharmacists in these conferences. Remember, the Board of Pharmacy has an attorney, and you should also.
The conference is your opportunity to share your side of the story and present your defense. Ahead of the conference, your Lento Law Firm attorney will work with you to strategize and walk you through its workings. At the conference, your Lento Law Firm attorney will present your defense and ensure your rights are protected throughout the conference.
Determination
After the conference ends, the Committee on Professional Standards will decide what, if any, disciplinary actions will be taken against your Minnesota pharmacist license. The Committee on Professional Standards may:
- Dismiss the complaint
- Issue a reprimand
- License Restrictions
- Consent order
- Suspension
- Revocation
- Request for voluntary surrender
- Issue a civil penalty/fine
The disciplinary process often ends with a Stipulation and Consent Order, essentially a settlement agreement. The Stipulation and Consent Order is a legally binding document between you and the Board of Pharmacy where you admit to misconduct, take specific actions, and face an agreed-upon disciplinary action. Your Lento Law Firm attorney will negotiate on your behalf if you want to pursue this option. Our Team of seasoned professional licensed defense attorneys regularly negotiate settlement agreements for our pharmacist clients in disciplinary action proceedings.
Hearing
If you disagree with the determination and are unwilling to enter a Stipulation and Consent order, your case will move forward to a contested case hearing. Hearings are procedurally similar to trial; you will want a Lento Law Firm attorney to represent you. Just like you would never go to court alone, it would not be wise to go into a hearing without counsel. Your hearing will be held before an Administrative Law Judge. Like a trial, specific motions will be filed, evidence shared with both sides, and your Lento Law Firm attorney will examine and cross-examine witnesses, present evidence, and argue your defense before the Judge.
The hearing outcome will either be the Judge recommending "discipline" or "no discipline," and the Judge will issue a report. The Board of Pharmacy will take that report and issue a Finding of Fact, Conclusions of Law and Order. This document will detail the disciplinary action to be taken against you.
Appeals
It may feel like all hope is lost at this juncture, but you are legally entitled to an appeal, and it isn't uncommon to get a more favorable outcome on appeal. Your appeal must be filed in the court with jurisdiction over your case and will be an official civil court proceeding. Your Lento Law Firm attorney will handle all filings and talk you through the appeals process.
If you have not been represented by an attorney or have been represented by an attorney not well-versed in professional license defense, it is time to retain the Lento Law Firm Professional License Defense Team. Our Team frequently and successfully gets involved in cases at the appeals stage.
Ground for Disciplinary Action Against Your Minnesota Pharmacist License
Violating any Minnesota pharmacy laws, regulations, or rules can result in a complaint and potential disciplinary action against your pharmacist license. The most common actions that result in disciplinary action complaints include:
- Acts of fraud or deception, such as altering prescriptions or billing for drugs not provided to the patient
- Errors in dispensing medication
- Diverting drugs for personal use or resale purposes
- Breaching patient confidentiality
- Failing to report a colleague's misconduct, such as drug diversion
- Practicing while impaired by alcohol or an illicit substance
- Conviction of a felony
- Failure to comply with training or educational requirements
- Failure to maintain accurate prescription transaction records
Areas We Serve in Minnesota
The Lento Law Firm Professional License Defense Team has represented pharmacists throughout Minnesota. Our pharmacist clients come from towns big and small, including Minneapolis, Saint Paul, Duluth, Brooklyn Park, Plymouth, and St. Cloud. The pharmacists we represent come from all types of professional settings, from large retail chains to mom-and-pop pharmacies and pharmacies in hospitals and rehabilitation centers.
Retain the Lento Law Firm Professional License Defense Team
At the Lento Law Firm, we treat your Minnesota pharmacist license like our own law license; we will fight tooth and nail to protect it. We understand everything that is on the line, from your livelihood to your reputation. Our Professional License Defense Team will present the strongest possible defense and protect your rights as you fight against the Board of Pharmacy. To retain the Lento Law Firm Professional License Defense Team, call 888-535-3686 or contact us online.
