Being a pharmacist is a prestigious job. You interact with countless clients a day, providing them with medication counseling and ensuring they have the medications they need to be their healthiest. We know that becoming a pharmacist is no easy task; the years of schooling and financial costs are substantial. When you have worked so hard to reach your career goal of being a pharmacist and helping patients daily, you may be surprised that a complaint has been filed against you and your New Jersey pharmacist license.
Learning that allegations of misconduct have been filed against you can be overwhelming. You may be unsure of how to move forward and feel incredibly stressed. Your reaction is entirely normal. Whether the claims are baseless or not, you need to address them promptly and with the guidance of a seasoned professional licensed defense attorney. The Lento Law Firm Professional License Defense Team can help you defend yourself against any threats to your New Jersey pharmacist license. We have successfully represented numerous New Jersey clients facing disciplinary action. You should never go into a battle for your license alone; when you retain the Lento Law Firm, we will always fight for your rights and pharmacist license. Call the Lento Law Firm at 888-535-3686 or contact us online today.
New Jersey Pharmacist Regulator Body
Housed within the New Jersey Division of Consumer Affairs, the New Jersey Board of Pharmacy regulates all New Jersey pharmacists. The Board of Pharmacy has eleven members: eight of these members must be New Jersey registered pharmacists, two are members of the public, and one is a member of the New Jersey State government.
The Board of Pharmacy frequently updates its website, which contains a comprehensive list of disciplinary actions against New Jersey pharmacists. In addition to the Board of Pharmacy's website listing disciplinary actions against New Jersey pharmacists, the Division of Consumer Affairs maintains a licensure verification website where the public can view the status of any pharmacist's license.
New Jersey Pharmacist License Disciplinary Allegations
Allegations of wrongdoing should be taken seriously, but we strongly urge you not to panic. Allegations against your pharmacist license are just that, allegations; just because an allegation has been made against you and your license does not mean you have been found guilty or will be facing disciplinary action. As discussed below, no action can be taken against your New Jersey pharmacist license without you being given the opportunity to defend yourself. The best way to protect yourself is by hiring the Lento Law Firm Professional License Defense Team, which is experienced in defending pharmacists facing disciplinary allegations. Don't let your mind go to the worst possible scenario; your Lento Law Firm attorney is here to protect your license and will walk you through your case's process and realistic outcomes.
New Jersey Pharmacist License Disciplinary Action Process
The Board of Pharmacy takes all misconduct allegations seriously and will thoroughly review all cases brought to its attention. While each case may follow a slightly different trajectory, pharmacist license disciplinary action will generally follow the process below. Keep in mind that the disciplinary process can be long and taxing, often taking several months to resolve. Still, the Lento Law Firm Professional License Defense Team will do everything in its power to expedite the process and eliminate as much stress as possible.
Complaint
Unless the Board of Pharmacy discovers a pharmacist's misconduct through its own checks and balances system, disciplinary action will begin with a complaint. Complaints against pharmacists are accepted by the Board of Pharmacy both over the phone and in writing. The Board of Pharmacy encourages complainants to use a general complaint form. The complaint should include the consumer's information, the pharmacist's information, the names of any witnesses to the misconduct, the nature of the misconduct, and a description of the misconduct. Anyone can submit a complaint, such as members of the public or colleagues.
When a complaint is submitted to the Board of Pharmacy, it will first determine if the misconduct alleged in the complaint falls within its jurisdiction to address. Complaints within its jurisdiction will involve violations of New Jersey's Pharmacy Law and New Jersey pharmacy regulation. If the complaint falls within its jurisdiction, the Board of Pharmacy will notify the pharmacist who is the subject of the complaint. The notification will include a copy of the complaint and a cover letter from the Board of Pharmacy requesting the pharmacist provide a written response to the allegations.
You should immediately retain counsel when you receive notice that a complaint has been filed against you. You should not be drafting a written response to the Board of Pharmacy without the guidance of your Lento Law Firm attorney. Our Team has written countless responses to the Board of Pharmacy in defense of our clients' licenses, and we can draft an effective defense on your behalf as well. If the Board of Pharmacy finds your defense acceptable, it may dismiss the case outright.
Investigation
While the Board of Pharmacy will consider your written response, it may choose to investigate the allegations against you further. If you do not provide the requested written response to the complaint against you, the Board of Pharmacy will undoubtedly open an investigation. We understand if you didn't file a written response because the allegations against you were baseless or you were simply overwhelmed and didn't know how to respond, but ignoring the matter will not make the case go away. In fact, failing to respond is a big red flag to the Board of Pharmacy.
The Board of Pharmacy will assign your case to an investigator tasked with collecting evidence to either substantiate the complaint against you or demonstrate grounds for the complaint's dismissal. Investigations can include interviewing witnesses, the complainant, you (the pharmacist in question), and any other relevant third parties. The investigator may also gather physical evidence, including, but not limited to, records, documentation, photos, or videos.
Consent Orders and Negotiations
When the investigator determines there is enough evidence to bring disciplinary action against your license, it will notify the Board of Pharmacy. The Board of Pharmacy can then decide if a consent order (also known as a settlement) may be a good option. Consent orders have pros and cons; if you are innocent of all allegations against you, you may feel that moving forward in defense is the more appropriate approach. Alternatively, if there is some fault on your part, you may want to pursue a consent agreement, which can get your case resolved much faster than continuing with the disciplinary process.
The Lento Law Firm Professional License Defense Team frequently negotiates consent orders with the Board of Pharmacy. Our Team will discuss with you what you feel comfortable admitting to and what terms you believe are fair and can agree to. Our Team will then work with the Board of Pharmacy to get you a deal that is as close to, if not exactly, what you feel is appropriate.
Hearing
If you and the Board of Pharmacy cannot reach an agreement, your case will proceed to a formal hearing. Hearings are held in front of an Administrative Law Judge and follow the format of a normal court proceeding, meaning your Lento Law Firm attorney will present your defense, call witnesses, cross-examine them, provide evidence in your defense, and more.
If you have not yet hired an attorney, now is the time. Entering a hearing without an attorney is like going to court without an attorney; you just wouldn't do that. As a pharmacist, it is unlikely you have been trained to defend yourself in a legal setting, but the Lento Law Firm does this daily. Our Team is familiar with all the processes and procedures required and how to put on the most vigorous defense possible in your case.
Determination
When the hearing has concluded, the Administrative Law Judge will recommend to the Board of Pharmacy what disciplinary action, if any, it should take against your New Jersey pharmacist license. Common disciplinary actions are a letter of reprimand, suspension, or revocation of a pharmacist's license. The Board of Pharmacy may also issue civil penalties in conjunction with other disciplinary actions.
Appeals
If you feel the Board of Pharmacy got it wrong, you are legally entitled to appeal its decision in court. Often, we see pharmacists who have not been represented by an attorney and are now seeking an appeal. If this is your situation, the Lento Law Firm can absolutely help you. Our Team can get involved in pharmacist disciplinary actions at any point in the case from receipt of the complaint through the appeals process. Our Team has successfully argued for better outcomes for our clients on appeal.
Grounds for Disciplinary Action Against Your New Jersey Pharmacist License
Disciplinary action against your New Jersey pharmacist license can occur for several reasons, some administrative and some that could cause serious physical harm to patients. Any deviation from ethical conduct or generally accepted standards of care and practice can result in scrutiny from the Board of Pharmacy. Common examples of misconduct that can result in disciplinary action against your pharmacist license are:
- Errors in dispensing medication, such as giving the wrong medication or dose to a patient)
- Fraud or deception, such as altering prescriptions, billing for drugs not provided, forging signatures
- Drug diversion for personal use or resale
- Practicing while impaired by substance or alcohol use
- Breaching patient confidentiality
- Failure to maintain accurate records of prescription transactions
- Failure to report incidents of concern as required by law, such as colleagues' drug diversion or dispensing errors
- Conviction of felonies, particularly drug or fraud-related offenses
- Failure to complete required continuing learning education or training
Regardless of the severity of the allegation against you, you must take all threats to your pharmacist license seriously. The Lento Law Firm has worked with clients facing all types of accusations and can help you with any allegation you are facing.
Areas We Serve in New Jersey
At the Lento Law Firm, we are committed to helping New Jersey pharmacists face disciplinary action against their license wherever in the state they are located. We have worked with clients all over New Jersey, including Newark, Jersey City, Woodbridge Township, Toms River, Hamilton Township, Trenton, Cherry Hill, and East Orange. Our pharmacist clients have worked in various pharmacy settings, from pharmacies inside hospitals, rehabilitation centers, and nursing home facilities to large retail chains and mom-and-pop pharmacies.
Retain the Lento Law Firm Professional License Defense Team
Fighting for your New Jersey pharmacist license requires the best possible defense, which the Lento Law Firm Professional License Defense Team provides. When you retain the Lento Law Firm, our Team will learn the ins and outs of your case and hear your side of the story. Our Team will explain the entire disciplinary process to you in detail and answer any questions you may have. We will then strategize to develop a solid and effective defense in your case, keeping you involved every step of the way.
When defending you and your pharmacist license before the Board of Pharmacy, our Team will ensure your rights are protected and you are never taken advantage of. The Lento Law Firm has successfully represented numerous New Jersey pharmacists, allowing us to become experienced in working with the Board of Pharmacy to get you the most favorable outcome.
You cannot afford to go in alone when your career and livelihood are on the line. The Lento Law Firm Professional License Defense Team is here to fight for you. We will do everything we can to minimize the impact of these allegations on your career and, ideally, get your case dismissed. Contact us today by calling 888-535-3686 or contacting us online.
