We don't have to tell you that your pharmacy license is one of your most valuable assets. Obviously, it gives you the right to practice your profession in the state of North Carolina. Beyond that, though, it lets your customers and your community know that you're qualified and that you can be trusted. It's your seal of approval from the state that says you're educated and experienced and that you take your profession seriously.
So, if your license is in jeopardy, it's a very big deal. Revocation means the end of your career, but lesser sanctions like suspension, probation, and public reprimands can also do serious damage to your reputation and your business. Put simply, a license defense is not something you can handle on your own. The process is too complicated, and there's simply too much at stake.
Luckily, you don't have to. North Carolina state law gives you the right to legal representation any time your credentials are questioned. You want to make the very best use of this right, though, by retaining the Lento Law Firm. The Lento Law Firm's Professional License Defense Team is dedicated to protecting the rights of working professionals. We know the law, and we know how the North Carolina licensing system works. What can we do for you? Call 888-535-3686 today to find out, or take time now and fill out our online form.
What Can Put Your Pharmacist License at Risk?
You're subject to a mind-boggling number of rules, laws, and guidelines, from North Carolina state laws to the American Society of Health-system Pharmacists (ASHP) Code of Ethics. Of course, you spend every day working with substances that, in the wrong hands, can do serious damage to individuals and the general public. We want pharmacists to be held to exacting standards. With so many rules, though, it's not always easy to avoid mistakes. There are laws that dictate how many continuing education hours you need, laws that govern what information to put on prescription labels, laws that govern the dispensing of oxygen, and laws that dictate what you should do with drugs that are returned to the pharmacy.
We couldn't possibly list all the regulations you're subject to as a pharmacist. What we can do, though, is tell you the most common types of misconduct allegations we see every year.
- Mishandling or Misuse of Drugs: This broad category of offense includes dozens of different specific kinds of violations, everything from adulterating prescriptions to dispensing the wrong medications.
- Violations of Patient Privacy: State and federal law protects patient privacy, and confidentiality extends to information about what drugs a person might be taking. In addition, pharmacists can be held liable if their databases are breached and sensitive information is stolen.
- Fraud: Any business and individual in North Carolina can be prosecuted for fraud. Pharmacists deal with special risks, though. You can be accused of anything from displaying false credentials to receiving kickbacks from physicians to outright insurance fraud.
- Gross Negligence and Incompetence: It can be difficult to define what constitutes “negligence” and “incompetence.” As a result, pharmacists sometimes find themselves facing charges simply because they made a mistake.
- Criminal Convictions: Any conviction for a crime related to the practice of pharmacy can put your license at risk. Other types of criminal convictions can also be used to raise questions about your competency, though.
Of course, being accused of violating the law is not the same as actually having broken the law. There are a number of reasons why you can find yourself facing charges, many of which have nothing to do with actually committing a crime.
- Simple misunderstandings can lead to allegations of misconduct.
- Honest mistakes, particularly when it comes to clerical work, can sometimes make it appear a person is guilty of a crime.
- Unfortunately, there are situations where pharmacists face false allegations from disgruntled patients or employees.
- Supervising pharmacists are sometimes held responsible for mistakes committed by employees.
Even if you are guilty of a mistake, keep in mind that your offense may not warrant the punishment the North Carolina Board of Pharmacy decides to assign. In our current social and political climate, professional boards are always nervous about seeming too lenient on offenders. As a result, they can sometimes issue sanctions that are disproportionate to the nature of offenses. Even if you are willing to accept responsibility for misconduct, you need a Lento Law Firm attorney on your side to ensure you are treated fairly.
The Disciplinary Process for Pharmacists in North Carolina
A misconduct defense is never an easy proposition. Simply parsing the law and sorting out what you've been accused of doing can be a challenge. In addition, though, navigating the professional licensure disciplinary system in the state can be confusing and, in some circumstances, could even lead to mistakes in your defense.
The good news is you have some important due process protections that can help you defend yourself. There's no question, though, that you need a Lento Law Firm attorney on your side to help you make sense of rules and procedures and to help you make the best possible use of your rights.
In North Carolina, all professional boards are required to follow the state's Administrative Procedures Act when conducting a disciplinary investigation. Here's what that process looks like in general outline.
- Someone lodges a complaint against you with the Board of Pharmacy.
- The Board conducts an investigation into the complaint.
- Assuming the Board substantiates the complaint, it then initiates hearing procedures.
- Should the hearing determine you are guilty of an offense, it then assigns sanctions, pending any judicial review you may request.
Complaints
A complaint can arise from almost anywhere. This is one of the aspects of professional licensing that can make defending yourself so difficult. The North Carolina Board of Pharmacy even includes a complaint submission form on its homepage. As a result, you could face allegations from
- Customers
- Supervisors
- Colleagues
- Employees you supervise
- Other staff
- Insurers
You can also be charged by the Board itself. The Board conducts regular inspections and reviews, and any misconduct it uncovers can trigger a full investigation.
The Board isn't required to inform you of complaints. As a result, you may not know when someone has lodged a complaint against you. If you suspect someone may have made an allegation, though, it's important you contact the Lento Law Firm immediately. Even at this early stage in the process, we may be able to help. Often, complaints can be resolved through dialogue well before a case reaches the point of investigation. In some cases, we may be able to intervene and have a complaint dismissed.
Investigation
According to state law, the Board's Executive Director is responsible for conducting investigations into misconduct allegations. Even at this point, the Board does not have to inform you what actions it is taking. However, in most cases, you're asked to provide a statement about your side of the story. Again, having a Lento Law Firm attorney look over this statement or accompany you to investigative meetings can be invaluable. You have a number of important rights, such as the right to a presumption of innocence and the right to review evidence in the case. Your attorney can make sure you're afforded these rights at every step of the way. Additionally, they can monitor the investigation and keep you informed of the progress.
Hearing
Agency hearings in North Carolina resemble criminal court cases in many ways. The Board has subpoena power, for instance. Prior to the hearing, there are processes of discovery and deposition. At the hearing itself, you have the right to make opening and closing statements, to introduce evidence, and to examine and cross-examine witnesses.
As mentioned, under North Carolina law, you have the right to an attorney, and your Lento Law Firm attorney will conduct all aspects of your defense on your behalf.
Keep in mind, though, that an agency hearing is not the same as a criminal trial.
- The atmosphere is generally more relaxed. The Board is allowed to make exceptions to the rules of evidence, for instance.
- You won't be facing a trained, experienced trial judge. Instead, the Board itself will control all aspects of the proceedings or may appoint one member to serve as the “presiding officer.”
- Cases aren't decided using the “beyond a reasonable doubt” standard. Instead, the Board will use a lesser standard known as “preponderance of the evidence.” According to this standard, you are guilty if decision-makers are more than fifty percent convinced of your guilt.
As these differences suggest, you don't just need any attorney to represent you. You need someone who is familiar with North Carolina's Administrative Procedures Act and who can guide you through that process. The attorneys at the Lento Law Firm are trained litigators with experience in the courtroom. We are also well-versed in how professional license cases work. You can trust us to manage your case and use rules and procedures to get you the best possible resolution to your case.
Hearing Outcomes
Should you be found responsible for misconduct, the Board has several sanction options at its disposal.
- Letter of reprimand
- License restriction
- License suspension
- License revocation
- Refusal to grant or renew a license
- Assignment of remedial education
Finally, you also have the right to request judicial review of your case before a Superior Court Judge. Just as your Lento Law Firm attorney can be an invaluable resource before your hearing, they can offer important advice after the hearing. They'll help you decide on the best course of action and work with you to maximize your chances of success. If you decide to file a judicial review request, they'll work with you to draft documents and they'll represent you throughout every phase of the process.
Why You Need a Professional License Defense Team
Why does the state of North Carolina give professionals the right to legal representation at Board hearings? There are at least three important reasons why you need an attorney.
- A license defense is a serious matter. Your very career and your livelihood are at stake. License revocation is always a possibility, but even a letter of reprimand can damage your ability to find a job and attract customers.
- The judicial system is complicated and can be difficult to navigate. An attorney can make sure you understand all the aspects of the process and can also use that process to your best advantage.
- The Board is not on your side. You may be used to thinking of the Board of Pharmacy as a resource. After all, it handles all licensing matters. It advocates on your behalf with the state legislature. It keeps you updated on proposed laws and maintains a list of continuing education opportunities. In this instance, though, the Board is prosecuting you. It is the Board that conducts the investigation, and it is the Board that sits in judgment at the hearing. You need someone on your side, someone looking out for your best interests.
We've said it already, but it bears repeating: not just any attorney will do. You need someone from the Lento Law Firm, someone specifically committed to helping professionals, someone with a background in professional licensing law, and someone with experience dealing with the North Carolina licensing system. The attorneys at the Lento Law Firm know exactly what you're up against, and we're better positioned than anyone else in the country to help you succeed.
What Can the Lento Law Firm Do for You?
Your pharmacist license means everything to you. It gives you the right to practice your profession. It certifies that you are qualified and experienced. It lets customers know that you can be trusted. If that license is being threatened in any way, you can't afford to take chances. You absolutely must do everything you can to defend yourself, and that starts with hiring the best legal representation you can.
The Lento Law Firm's Professional License Defense Team understands your situation. We understand what kinds of pressures you face every day and just how important what you do is. We believe in you, and we're ready to fight to ensure you get the justice you deserve.
To find out more about exactly what the Lento Law Firm can do for you, contact the Lento Law Firm today at 888-535-3686 or use our online form.
