Becoming a pharmacist is no small feat. At the Lento Law Firm, we know that you have spent years in higher education, countless hours studying for licensure, and paid a significant financial cost to be where you are today. Every day, you work with countless patients to ensure they have the lifesaving medications they need and provide medication counseling to ensure they administer them properly and safely. When you work so hard giving your best to every patient who visits your pharmacy counter, it can be upsetting to learn that a disciplinary complaint has been made against you and your Missouri pharmacist license.
A complaint against your pharmacist license is no joke, even if the claims someone has made against you are baseless. You must take all threats to your Missouri pharmacist license seriously. You cannot afford to lose your license, livelihood, or reputation. To preserve your pharmacist license, you need the guidance of an experienced professional license defense attorney at the Lento Law Firm. The Lento Law Firm Professional License Defense Team has fought tooth and nail for all Missouri pharmacist clients facing disciplinary action. To have our Team fight for you, call the Lento Law Firm at 888-535-3686 or contact us online today.
Missouri Pharmacist Regulatory Body
The Missouri Board of Pharmacy handles everything related to pharmacy owners, pharmacists, pharmacy technicians, and pharmacy interns. Their responsibilities range from educational requirements, licensures, and certifications to establishing standards of practice, developing and implementing pharmacy-related regulations, addressing disciplinary actions, and more.
The Board of Pharmacy's mission is to serve and protect the public by providing an accessible, responsible, and accountable regulatory system. The Board of Pharmacy states that it works to achieve this mission with a regulatory system that:
- Protects the public from incompetency, misconduct, gross negligence, fraud, misrepresentation, or dishonestly
- Licenses only qualified professionals by examination and evaluation of minimum competency
- Enforces standards by implementing legislation and administrative rules
The Board of Pharmacy comprises seven members: six actively practicing pharmacists and one public member.
Missouri Pharmacist Laws and Regulations
The primary Missouri law governing pharmacists and the pharmacy profession is the Missouri Pharmacy Practice Act. This law is incredibly comprehensive, including everything from the establishment of the Board of Pharmacy and its authorities to licensure and certification requirements, the regulation of pharmacies, the establishment of the Electronic Prior Authorization Committee, the regulation of wholesale drug distributors, pharmacy audits, and more.
Under the Missouri Pharmacy Practice Act, the Board of Pharmacy has the authority to develop rules, regulations, and policies that support the requirements detailed in the law. The Board of Nursing has compiled a full list and text of relevant Missouri pharmacy laws and regulations. Violating these laws and regulations can result in disciplinary action against your Missouri pharmacist license.
Missouri Pharmacist License Disciplinary Action Process
The Board of Pharmacy takes all complaints against pharmacists seriously and will thoroughly investigate all complaints under its purview. Cases can take a very long time to resolve; the length may vary, but it isn't uncommon for cases going through the full disciplinary process to go on for several months. The average time for a complaint to be resolved is six months. The Board of Pharmacy's disciplinary action process can be emotionally taxing. Still, the Lento Law Firm Professional License Defense Team will work to make the process as easy as possible and reduce your stress every step of the way. While each case is different in nature and severity, the disciplinary action process will follow the trajectory outlined below. Your Lento Law Firm attorney can discuss these steps further and answer any questions you may have.
Complaint
A complaint is the first step in the disciplinary process. Two categories of people typically file complaints against pharmacists: disgruntled patients and their families and a pharmacist's colleagues. Ultimately, anyone with knowledge of the alleged violation can file a complaint if they believe you have participated in misconduct. All complaints must be written using the official complaint form, signed, submitted by mail, and contain the following information:
- The complainant's contact information
- The name of the pharmacist involved, the dispensing pharmacist, and the name of the pharmacy
- A detailed summary of the incident, including identification of the patient involved
- The medication involved
- Any documentation supporting the allegations
- A list of witnesses involved in the incident and their contact information
When the Board of Pharmacy receives a complaint, its first order of business is to determine if the alleged violation falls within its jurisdiction. The Board of Pharmacy only has the authority to investigate complaints alleging violations of the Missouri Pharmacy Practice Act; it does not handle billing disputes. You, the pharmacist, will be notified if a complaint has been filed against you.
If the complaint suggests you present a clear and present danger to public health and safety, the Board of Pharmacy may request an expedited administrative hearing. This hearing will be held within 15 days of you receiving notice of the complaint. It will not be a full hearing; it will only determine if a temporary suspension or license restriction should be imposed while the case is being investigated and reviewed.
Investigation
Any complaint within the Board of Pharmacy's jurisdiction will move to the investigation phase. Investigations are typically completed within 90 days, but they are not required to be completed in this period. The Board of Pharmacy will send the complaint to an inspector, who will conduct the investigation and draft an investigation report. Investigation reports are confidential and cannot be released to the public.
The investigation will include speaking to you, the complainant, the patient, and any witnesses or other involved parties. The investigator may also collect additional evidence not included in the complaint. This can be physical evidence such as photos, videos, or other documentation related to the incident.
Review Process
As stated above, the inspector will draft an investigation report for the Board of Pharmacy's review. The Board of Pharmacy meets seven times yearly and will review investigation reports at these meetings. Once the review is completed, the Board of Pharmacy will decide and notify you and the complainant.
Licensure Disciplinary Agreement
The Board of Pharmacy may offer you a Licensure Disciplinary Agreement, essentially a consent agreement. If you accept, you will be agreeing to the terms of the agreement; this may be a probation or suspension, a requirement to obtain additional education or training, or other requirements. A Licensure Disciplinary Agreement is a legally binding contract where you will be bound by the terms set or face additional and severe disciplinary action. When you sign this document, you waive your right to a hearing before an Administrative Law Judge. If you violate the terms of this agreement, you can take action before the Board of Pharmacy, the Administrative Hearing Commission, or the appropriate circuit court.
Initial Determination
At this stage, the Board of Pharmacy can dismiss the complaint or pursue disciplinary or legal action against you and your Missouri pharmacist license.
Hearing
If the Board of Pharmacy seeks further disciplinary action, it will request a hearing before an Administrative Law Judge. A hearing is procedurally very similar to a court proceeding; certain motions and briefs are to be filed, each side will participate in discovery (the sharing of evidence), and the hearing will be conducted like a trial. Your Lento Law Firm attorney will present your side of the story, examining and cross-examining witnesses, putting forth evidence to support your defense, and ensuring the Judge sees you in the best possible light. You should never go into a hearing alone; like a court proceeding, you are unlikely to be familiar with the intricacies and required procedures for success in a hearing. Retaining the Lento Law Firm means you don't have to worry about these aspects, and your case is in good hands. At the conclusion of the Administrative Law, the Judge will then recommend to the Board of Pharmacy what disciplinary action they believe is appropriate.
Final Determination
The Board of Pharmacy may choose to take any of the following disciplinary actions against your license:
- Probation not to exceed five years
- Suspension not to exceed three years
- Revocation
The Board of Pharmacy may also issue a Letter of Concern or a Letter of Warning, which are considered censures. These express the Board of Pharmacy's disapproval of your professional conduct but do not find you guilty of a Missouri Pharmacy Practice Act Violation or associated regulation. Censures will be listed on the Missouri Board of Pharmacy's public disciplinary action list, which is discussed further in the sections below.
Appeals
You may very well disagree with the Board of Pharmacy's final determination. Particularly if a professional license defense attorney has not represented you, your best defense may not have been presented before the Administrative Law Judge or the Board of Pharmacy. You have the legal right to appeal the Board of Pharmacy's decision. Our Professional License Defense Team frequently gets involved in pharmacist license disciplinary action cases at the appeals stage and has gotten more favorable outcomes for our clients.
When you retain the Lento Law Firm, we will file an appeal in the appropriate court. Appeals are court proceedings; they will look much like your hearing, but the court's decision will be final.
Grounds for Disciplinary Action Against Your Missouri Pharmacist License
Any violation of the Missouri Pharmacy Practice Act can result in disciplinary action. While the allegation of misconduct against you may seem like a small infraction, there is no guarantee the Board of Pharmacy will take it lightly. You can be sure that all matters, big or small, that come before the Board of Pharmacy will be investigated. While many violations can leave you facing the Board of Pharmacy, a few of the most common acts of misconduct include:
- Errors in dispensing medication, including giving the wrong medication or dose to a patient
- Fraud or deception, including altering prescriptions, billing for drugs not provided, or forging signatures
- Drug diversion for personal use or resale breaching patient confidentiality
- Failure to maintain accurate records of prescription transactions
- Failure to complete required continuing learning education or training
- Failure to report incidents, such as a colleague's drug diversion
- Practicing while impaired by alcohol or an illicit substance
- Conviction of a felony, of particular concern are those related to drug use or fraud
Consequences of Disciplinary Action Against Your Missouri Pharmacist License
If you are still employed at the end of your disciplinary action process, and a formal disciplinary action is taken against you, the director of your pharmacy, the pharmacist-in-charge, or any hospital or surgery center you work in must report the disciplinary action to your employing institution.
The disciplinary action against your license will also be publicly available and visible to potential employers. The Board of Pharmacy frequently updates its website listing all disciplinary actions and censures taken against pharmacists practicing in Missouri. The action may also be reported to and published on the National Association of Boards of Pharmacy Clearinghouse, a national database for disciplinary actions against pharmacists, pharmacy technicians, pharmacy interns, pharmacy owners, and pharmacies.
Your ability to work as a pharmacist can be greatly impacted, if not eliminated, by disciplinary action. Additionally, the loss of your employment can have ripple effects on your personal life. You cannot afford to lose your Missouri pharmacist license, and your best chance for preserving your license is the Lento Law Firm Professional License Defense Team. We will vigorously fight for your license and try to mitigate or eliminate any negative impacts against your pharmacist license.
Areas We Serve in Missouri
The Lento Law Firm Professional License Defense Team has served clients all over the state of Missouri. While we will work with you wherever you are, many of our clients have come from the larger cities in the state, including Kansas City, St. Louis, Springfield, Columbia, Independence, and Lee's Summit. The pharmacists we serve work in various pharmacy settings, including hospitals and rehabilitation centers, nursing home facilities, large retail chains, and small local pharmacies.
Retain the Lento Law Firm Professional License Defense Team
You cannot go into battle against the Board of Pharmacy alone, and the Lento Law Firm is here to fight for you. We will learn everything there is to learn about your case and present a strong case to preserve your Missouri pharmacist license. To retain the Lento Law Firm Professional License Defense Team, call 888-535-3686 or contact us online.
