As a licensed pharmacist in Mississippi, you perform a much-needed service in dispensing medications to those who need them. You've worked hard not only to qualify for licensure but also to build community trust. That's why it can be so devastating to learn that someone has filed a complaint against you and that your professional license is now in question.
Indeed, regardless of whether the complaint stems from a misunderstanding, an honest mistake, or a false accusation with malicious intent, the mere existence of the complaint creates an existential crisis where your career is concerned. The Mississippi Board of Pharmacy is committed to public safety at all costs; they have broad authority to impose disciplinary actions, and they can restrict, suspend, or revoke a pharmacist's license based only on a preponderance of the evidence. Without your license, you effectively have no career.
Considering all that is at stake, your best hope of resolving the issue favorably is with the help of a seasoned professional license defense attorney. The Professional License Defense Team of the Lento Law Firm has a considerable track record for helping licensed pharmacists facing disciplinary actions nationwide. Our intimate knowledge of the Mississippi Board of Pharmacy and the regulations of your profession in Mississippi can greatly boost your chances of securing a favorable outcome. Schedule a consultation today with the Lento Law Firm at 888-535-3686 or via our online form.
Possible Disciplinary Measures for Mississippi Pharmacists
In Mississippi, the pharmacy profession is governed by the Mississippi Pharmacy Practice Act, as well as an extensive set of additional regulations. Not only do these rules identify high standards of practice for Mississippi pharmacists, but they also authorize the Board of Pharmacy to enforce practice standards, issue licenses, and apply disciplinary actions as necessary—up to and including license suspension or revocation.
If you're accused of misconduct, the Board will launch an investigation and hearing process. If the investigation establishes that you've infringed the state's pharmacy practice regulations, you may face one or several of the following penalties:
- Reprimand: An official warning from the Board added to your professional record.
- Fines: The Board may impose a fine
- License restrictions: The Board can restrict your professional actions, such as running your own pharmacy.
- Probation: The Board may closely monitor your professional conduct for a specified period.
- License suspension: This could be a temporary or indefinite halt to your practicing rights, possibly accompanied by conditions for reinstatement.
- License revocation: This signifies the total and permanent termination of your pharmacist license, effectively banning you from practicing in the state.
Why Your Innocence of the Allegations Will Not Protect You
The idea that truth will prevail and false allegations will be dismissed is unfortunately not always the reality in license disciplinary processes. The administrative system in Mississippi is imperfect, and the Mississippi Board of Pharmacy can make mistakes during the investigation and decision-making stages that could result in losing your pharmacist license, even if you're completely innocent. This could occur due to a variety of reasons, including overlooking or ignoring key evidence or testimonies that could exonerate you or even initial unfair biases of the Board going into the investigation.
In short, it's the allegations themselves that threaten your license, not your guilt or innocence. This is why it's so critical to have skilled legal representation on your side to navigate any allegation of professional misconduct. The Lento Law Firm's Professional License Defense Team understands these challenges and stands ready to guide you to a positive outcome with the Board.
What Allegations Could Jeopardize Your Mississippi Pharmacist License?
Pharmacists shoulder a critical responsibility in patient care. Medications must be dispensed with flawless accuracy, accompanied by unwavering adherence to state ethical and professional standards. Most allegations of misconduct that could threaten your license are connected in some way with a violation of these standards and/or a breach of public trust. Typical reasons for license revocation include, but are not limited to:
- Professional incompetence: Incorrect drug dosage, drug selection, or inadequate patient consultation can seriously affect patient health and safety--and for that reason, these mistakes can put a license in jeopardy.
- Inadequate Record-Keeping: As dispensers of controlled substances, pharmacists must maintain precise records. Inventory discrepancies can incite suspicions of unauthorized distribution or misuse.
- Fraudulent Activities: Examples include overbilling, unauthorized drug substitution, or filling false prescriptions, etc.
- Overprescription of Opioids: With the increasing opioid crisis, prescribing excessive amounts of these and other controlled substances could raise concerns.
- Substance Abuse: Drug or alcohol addiction can imperil your license, especially if it is seen as impairing your professional performance.
- Criminal Convictions: Certain criminal convictions, even those unrelated to pharmacy practice, may endanger your license. Not self-reporting these convictions is also a violation.
- Patient Privacy Violations: Breaching patient confidentiality according to HIPAA regulations can yield severe penalties, including loss of license.
- Improper Delegation of Tasks: Certain tasks must be performed by licensed pharmacists only; assigning these tasks to non-qualified individuals compromises patient safety and your professional integrity.
- Other Unprofessional Conduct: Pharmacists can be disciplined by the Board for various unprofessional acts, such as gross negligence or acts of moral turpitude, even without criminal charges.
The Disciplinary Procedure for Mississippi Pharmacist Licenses
The Board of Pharmacy adheres to specific protocols in accordance with state law when reviewing pharmacist misconduct allegations and deciding on suitable responses. If you're accused of misconduct, you can anticipate the following steps in the disciplinary process.
Complaint
Almost all disciplinary actions against pharmacists begin with a complaint lodged against you with the Mississippi Board of Pharmacy. The complainant can be any member of the public, but complaints against pharmacists typically come from patients/customers, peers, other healthcare professionals, insurance companies, or anyone else with reason to suspect that you have violated state regulations.
Investigation
After receiving the complaint and confirming it falls within the Board's jurisdiction, the Board will launch an investigation into the complaint. The purpose of this investigation is to find evidence to corroborate the allegations against you. This phase might involve issuing document subpoenas, conducting potential witness and complainant interviews, requesting an official response from you, and so on.
Committee Review
The results of the investigation are turned over to the Investigations Review Committee (IRC). The committee will assess the evidence and decide if there's probable cause for disciplinary action.
Settlement Offer/Agreed Order
In many cases, the Board might offer to negotiate a settlement with you regarding the complaint to avoid a formal hearing. The settlement will result in an "agreed order" (similar to a consent order in other states) in which you voluntarily accept all recommended disciplinary actions by the Board. If you accept the terms, you can sign the agreement and avoid a lengthy disciplinary proceeding. Consent orders offer an opportunity for your attorney to seek leniency, limit damage to your license, and, in case of license suspension or revocation, negotiate a route to reinstatement.
Formal Hearing
If the Board does not propose an agreed order, or if you choose to reject it, you'll be summoned to appear before the Board in a formal disciplinary hearing. You'll have the opportunity to present your defense and argue why your license should not be suspended or revoked. Having an attorney represent you at this point is highly recommended. At the conclusion of the hearing, the Board will make its final determination as to what disciplinary actions to impose, if any.
Areas We Serve in Mississippi
The Lento Law Firm Team assists licensed pharmacists in every part of the state who are dealing with allegations of professional misconduct--both in larger urban centers and in rural communities. Many of our clients are naturally located in more populous areas because of the increased need for quality pharmacists in these locations. Our service area includes but is not limited to, the following parts of the state.
Jackson
Jackson, Mississippi, is both the state capital and the largest city in Mississippi. While the population of the city proper is about 150,000, the surrounding metro encompasses more than 600,000--about 20 percent of the total population of the state. Named after President Andrew Jackson, this city has a rich history as a focal point of the civil rights movement. Jackson is home to numerous museums, including the Mississippi Museum of Natural Science and the Mississippi Civil Rights Museum. Additionally, Jackson is known for its rich musical heritage, particularly in blues, gospel, and R&B, and hosts the annual Mississippi Blues Marathon. Its economy is diversified and centered around sectors such as government, health services, and manufacturing.
Gulfport/Biloxi
Located in close proximity to one another along the Gulf of Mexico, the cities of Gulfport and Biloxi are the second and fourth largest cities in Mississippi, respectively, co-anchoring a metro area of more than 400,000. As the state's most popular tourist destinations, Gulfport and Biloxi draw millions of visitors every year due to their scenic beaches, casinos, and vibrant nightlife. Biloxi has a rich history as an important French colonial center and is home to several cultural landmarks, including Beauvoir and the Biloxi Lighthouse. Gulfport is known for its thriving seafood industry and hosts an annual seafood festival every year.
Southaven
Located just south of Memphis, Tennessee, and considered part of the Memphis metro area, Southaven is the third-largest city in Mississippi by population, with more than 54,000 people. Its proximity to a major metropolitan area has helped it become a significant retail center for the region, with popular locations such as Tanger Outlets and Southaven Towne Center. However, the city is not just a shopping destination; it also has numerous parks and outdoor recreational areas, including Snowden Grove Park and DeSoto Civic Center.
Hattiesburg
Located in Southeast Mississippi, Hattiesburg is home to two universities (the University of Southern Mississippi and William Carey University) and serves as a regional hub for education, healthcare, and commerce. Hattiesburg's population is rapidly growing due to its diverse economy and strong job market, with major employers such as Forrest General Hospital, the Camp Shelby Joint Forces Training Center, and PepsiCo.
Tupelo
As the birthplace of Elvis Presley, Tupelo is a popular destination for music enthusiasts from all over the world. The city also has a rich history in American Civil War battles, with several sites and landmarks commemorating these events. Tupelo's economy is primarily based on manufacturing and healthcare, with companies like Cooper Tire and North Mississippi Medical Center providing significant employment opportunities. The city also hosts several annual festivals and events, including the Tupelo Elvis Festival and GumTree Arts Festival.
The Lento Law Firm: Protecting Your Mississippi Pharmacist License
Pharmacists often find themselves disadvantaged from the get-go when entering the disciplinary process. There is no guaranteed presumption of innocence in this process, and the Board can find you guilty based on the preponderance of the evidence standard (as opposed to guilt beyond a reasonable doubt). However, a skilled professional license defense attorney can significantly shift the balance towards a more favorable resolution.
The Professional License Defense Team at the Lento Law Firm is committed to safeguarding your pharmacist license and your career. Our strategic approach includes a thorough analysis of the charges against you, comprehensive assistance in evidence collection, arranging witness testimonies if necessary, and negotiating with the Board at various stages of the process to secure leniency or agreeable terms in an agreed order. In many cases, we can help negotiate a settlement or dismissal of the complaint before it ever reaches the hearing stage; however, if a formal hearing is necessary, we will defend your case vigorously before the Board to get you the best outcome possible. In short, your chances of keeping your license go up considerably with the Lento Law Firm Team in your corner.
Early Intervention is Essential
Pharmacists facing allegations of misconduct in Mississippi should urgently seek legal representation as soon as possible to get the best chance of a favorable outcome. Delaying legal engagement until a formal hearing is imminent could lead to missed opportunities for early resolution. Enlisting the Lento Law Firm Team's help at an early stage allows us to explore a broader spectrum of strategies to negotiate the best possible resolution. If your Mississippi Pharmacist license is under threat, get in touch with the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation.
