Pharmacists who live and work in the New York City area have a variety of employment options. From the busy streets of midtown Manhattan to more suburban areas like Somerset County, pharmacists may work for national companies and renowned universities to small shops and organizations.
As a profession that plays an important role in healthcare, pharmacists are expected to follow rules and policies that set high ethical and professional expectations. A pharmacist's mistake can cause serious health implications, up to and including death. If people don't trust pharmacists, they may hesitate to take needed prescriptions and other medication.
From this standpoint, it makes sense that states have strict disciplinary action. Ensuring that the public trusts pharmacists are important, but these policies can sometimes be applied haphazardly or overly severely. Neither the public nor the profession benefits from overly strict, unnecessary disciplinary action.
The Professional License Defense Team at the Lento Law Firm works with pharmacists in New York City and surrounding states and communities to protect their careers, reputations, and futures. We focus on helping our clients understand their options.
You've worked hard to become a pharmacist. Don't let your years of effort slip away. Call us at 888-535-3686 or fill out our online form.
Getting Help in the New York City Area
The Professional License Defense Team at the Lento Law Firm has four offices in the New York City area. We can assist pharmacists in all four states in the metro region, and we combine our knowledge of the law with our familiarity with the boroughs and counties of the area.
We can help pharmacists who work for a range of employers. Pharmacists work in a variety of places, from hospitals such as Mount Sinai and NYU Langone Health to working with state or federal departments and offices. We can help pharmacists who work for large companies such as Target, CVS, and Walgreens, as well as those who work for small, locally owned stores.
State Boards in the New York City Region
Depending on where a pharmacist works, they will be licensed by one of the following pharmacy boards:
- The Connecticut Commission of Pharmacy
- The New Jersey Board of Pharmacy
- The New York Board of Pharmacy, part of the Office of Professions
Each board has its policies and regulations. While there may be some overlap, it's important that pharmacists pay attention to their state's specific rules and policies.
Different States, Different Regulations
Each state regulates professionals within their boundaries. While there are often commonalities, each state has its quirks.
Disciplinary action focuses on where a pharmacist works, not where they live. This can be especially relevant in the New York City metro area, which covers four states and often has people living and working in different states.
For example, a pharmacist lives in Jersey City but works in Lower Manhattan. If this pharmacist faces disciplinary action related to his job, it will be in New York, where he works, and not New Jersey, where he lives.
Another pharmacist lives in White Plains but commutes into Stamford for work. In this situation, if this pharmacist faces work-related disciplinary action, it will be in Connecticut and not New York.
When it can get complicated if a pharmacist is licensed in multiple states and faces disciplinary action in one state, depending on the outcome of that disciplinary process, they may be required to report that disciplinary action to other states where they are licensed.
New Jersey, for example, states that any pharmacist who has had a license suspended, revoked, or restricted by another state will not be authorized to practice in the Garden State.
What is Misconduct?
Misconduct generally means behavior that falls below expected ethical or professional requirements. For pharmacists, a common example is providing someone with the wrong medication.
New York lists the following as falling under the category of professional misconduct:
- Engaging in acts of gross incompetence or gross negligence on a single occasion or repeatedly
- Allowing or assisting an unlicensed person to engage in unauthorized practice
- Refusing to assist someone because of their race, creed, color, or national origin
- Practicing beyond the scope of a pharmacist's responsibilities
- Releasing confidential information without authorization
- Being convicted of a crime
- Failing to return or provide copies of records when requests
- Committing sexual or physical abuse
- Being at work while under the influence of alcohol or other drugs
Different states may have different definitions of misconduct, but these categories are fairly standard.
Disciplinary Process
The disciplinary process generally follows these steps:
- Complaint
- Investigation
- Hearing
- Decision
- Appeal
States may have different steps or processes. In Connecticut, instead of a hearing, a pharmacist may agree to a negotiated settlement. In a negotiated settlement, the two sides try to arrive at a solution where a pharmacist accepts some wrongdoing in exchange for an agreed-upon disciplinary action.
Connecticut does allow pharmacists to have legal representation, such as the Professional License Defense Team at the Lento Law Firm, during settlement meetings. An advantage to having representation during these meetings is that an attorney will work to protect your rights and make sure you don't agree to overly severe or strict terms.
Complaint
The majority of disciplinary processes begin with a complaint. In general, anyone can file a complaint against a pharmacist. This can include coworkers, members of the public, other staff, and anyone who witnessed or has reason to believe a pharmacist committed misconduct.
New York requires all complaints to be submitted in writing. The New York State Education Department's Office of the Professions (OP) handles complaints as well as investigating and prosecuting misconduct.
In Connecticut, the Department of Consumer Affairs handles complaints. Connecticut allows individuals to file a complaint by email, fax, or mail.
The New Jersey Division of Consumer Affairs accepts complaints filed against professionals. Complaints can be filed online or by email. The state recommends that people not submit any sensitive personal information in a complaint.
Investigation
If a Board finds a complaint might have merit, the next step is an investigation. Investigations can include assembling documents and other relevant evidence. They may involve interviewing the pharmacists, witnesses, or other involved or interested individuals. In New Jersey, investigators handle these responsibilities.
Hearing and Decision
If an investigation finds sufficient evidence, the next step is a hearing. Some states have multiple options, including less formal resolution options.
Connecticut has negotiated settlements. A similar process is known as a consent order in New Jersey.
Hearings are similar to courtroom trials. A neutral third party oversees the proceedings. Both sides present their case, including introducing evidence and witnesses.
In New Jersey, The Office of Administrative Law oversees these hearings. The OAL has three offices in New Jersey with Trenton being the closet for those in the New York City area.
In New York, the New York State Education Department's Office of the Professions handles the prosecution of disciplinary cases for pharmacists. The Board of Regents makes the final decision on disciplinary matters.
Appeals
All of the states in the New York City area allow for appeals to disciplinary decisions. Who and how a pharmacist appeals depends on the state.
In general, appeals must be based on more than disliking a decision. Mistakes made during the investigation or hearing, new evidence, or a decision that goes against established laws or regulations are common bases for appeals.
In Connecticut, appeals are made in the judicial district where the pharmacist lives. If a pharmacist works in Connecticut but lives in another state, they will appeal to the New Britain judicial district.
For the New York City area, the relevant judicial districts in Connecticut are:
- Bridgeport Judicial District
- Litchfield Judicial District
- Stamford-Norwalk Judicial District
The Professional License Defense Team at the Lento Law Firm assists our clients in making sure they file appeals on time and in the right court or office.
New York doesn't have a formal appeal process, but pharmacists can appeal to a civil court judge. New Jersey also allows for appeals through its court system.
Disciplinary Action
Each state determines how they'll discipline pharmacists. Many states have similar disciplinary options, such as suspension, but pharmacists shouldn't assume. In addition, the same misconduct may result in different disciplinary actions in different states.
Connecticut, for example, has the following types of discipline:
- Reprimand, also known as censure
- Fines
- Completing a remedial course or taking corrective action
- Probation
- Suspension
- License revocation
In comparison, New York has the following sanctions:
- Reprimand or censure
- Fines, which cannot exceed $10,000 per offense
- Completing required education or training
- Community service
- Limitations on a future license
- License annulment
- Suspension of license
- Revocation of license
These sanctions are similar but not identical.
Public Record
Disciplinary records are available to the public. New Jersey keeps a list of disciplinary actions. This list dates back to 1990. Each entry includes a PDF about the disciplinary action taken.
New York, in comparison, provides a search for summaries of disciplinary actions. Users can organize this search by year, month, and profession.
In addition, below the search, the state lists all disciplinary actions taken the previous month. The online records date to 1994.
Connecticut's database can searched using a variety of information. The boxes range from a license number to someone's business name or address.
These public databases highlight the importance of defending against accusations of misconduct. Being found to have committed misconduct becomes a matter of public record, and anyone can look it up.
Why a Strong Defense Matters
Being accused of misconduct can be stressful. If a pharmacist believes the allegations are unfounded, they may think they don't need to do anything but trust the process.
Disciplinary proceedings are imperfect. Investigators may miss evidence. Witnesses may be flexible with the truth.
The person who has the most to lose in these proceedings is the accused pharmacist. One misperception about hiring a license defense attorney is that it's an admission of guilt or wrongdoing or that an innocent person doesn't need an attorney.
The truth is that hiring an attorney is simply a way to protect your career and your future. You've put thousands of hours of work into becoming a pharmacist. An attorney advocates for their client. Just as a pharmacist is a professional with a certain set of skills and knowledge, so are attorneys.
A professional license defense attorney represents you. This means they help make sure that all relevant evidence is included. They know licensing boards and help their clients understand the process, enabling pharmacists to navigate the process and make informed decisions.
Hiring an attorney as soon as possible means that the attorney will have the most time possible to build a defense.
One of the key parts when working with an attorney is honesty. Attorneys have a duty to protect their clients, and that includes attorney-client confidentiality. What a pharmacist shares with their attorney stays between them.
Being honest with your attorney – including admitting mistakes that may have been made – gives your attorney the most information possible, which allows them to build a better defense. More than that, they can anticipate possible arguments others may make against you.
Protect Your Career and Your Reputation
Allegations of misconduct can undercut a pharmacist's career and reputation. Pharmacists hold a position of trust, and a mistake can lead to disastrous health implications.
The states in the New York City area all set high professional and ethical expectations for pharmacists. They recognize that public health and safety benefit from public trust in pharmacists.
No system is perfect, however, and the disciplinary system is no exception. Mistakes can happen in an investigation or hearing, which is why it's so important for pharmacists who have been accused of misconduct to be proactive.
If you're a pharmacist who lives or works in the New York City area and you're facing misconduct allegations, contact the Professional License Defense Team at the Lento Law Firm. We work with clients in New York, Connecticut, New Jersey, and nationwide to help them protect their careers and their futures. Call us at 888-535-3686 or fill out our online form.
