Pharmacy is a crucial link in the healthcare chain in Pennsylvania and around the U.S. Pharmacists play a vital role in getting the public the goods and healthcare services they need and in making sure that we all have access to medications and medical devices to keep us healthy. Just as importantly, they play a preventative role, restricting who has access to dangerous substances, ensuring customers use medications appropriately, and safeguarding customers' sensitive personal information.
It is in all of our interests that pharmacists be licensed, monitored, and regulated, just as doctors, nurses, dentists, physical therapists, and attorneys are. In the wrong hands, drugs can be dangerous to individual and public health.
That doesn't mean, however, that government agencies like the Pennsylvania Board of Pharmacy should have unlimited power and authority to discipline pharmacists in the state. Investigators make mistakes. Misunderstandings happen. Zealous agency officials sometimes push for sanctions that are simply unfair. You shouldn't be unjustly punished when you don't deserve it.
If you've been accused of misconduct by the Pennsylvania Board of Pharmacy, you should know that the LLF Law Firm is on your side. We know how important your job is, and we know what kinds of pressures you face every day. Our Professional License Defense Team is dedicated to making sure hardworking professionals like you are treated fairly by the Pennsylvania state licensing system, that you get a top-tier defense any time your credentials are questioned, and that you get the very best possible resolution to your case.
These aren't just principles we believe in, though. We have the knowledge, the background, and the experience to back up these principles. We know the law, and we know how the Pennsylvania licensing system works. We've helped hundreds of professionals defend their licenses. Call us today to find out what we can do for you. Call 888-535-3686 or take time now and fill out our online form.
Just What Can Put Your Pharmacist License at Risk?
Pharmacist licensing in Pennsylvania is handled by the Department of State. Standards are set, however, by the Pennsylvania Board of Pharmacy. The Board is responsible for proposing and lobbying for various state laws that govern the profession, and additionally, it works to enforce laws already in the books.
As you know, the list of those laws is long. It includes everything from requirements that you always have your biennial registration card on your person to prohibitions on offering kickbacks to physicians for business referrals. For the most part, though, the misconduct allegations we tend to see in Pennsylvania have to do with
- Mishandling or Misuse of Drugs: In addition to adulterating drugs, this category of offense can include reselling returned drugs, dispensing samples, dispensing so-called “secret formula” prescriptions, mislabeling prescriptions, and the distribution of any type of controlled substance.
- Violations of Patient Privacy: Under state and federal health care privacy acts, you have an obligation to protect information about customers, including information about what drugs they may be taking. You don't always have to deliberately set out to violate this privilege to wind up charged. There have been cases where pharmacists were accused of misconduct because a breach occurred in their digital records, allowing such information to get out.
- Fraud: Like any other business in Pennsylvania, pharmacies are liable for any type of general fraud they may commit. Pharmacists, though, have additional obligations with regard to fraud and the health care system. Over-billing or double-billing insurance companies, billing for non-existent patients, charging name-brand prices for generic drugs: any of these can lead to allegations of misconduct.
- Gross Negligence and Incompetence: According to the law, you need not have injured a customer or patient in order to face charges of negligence, incompetence, or malpractice. If someone believes that your actions demonstrate incompetence, you can find yourself investigated.
- Criminal Convictions: Pennsylvania state law says you can lose your license for criminal convictions, both for acts directly related to the practice of pharmacy and for acts of “moral turpitude.” A DUI, for example, might be enough to put your credentials in jeopardy.
- Intemperance: Additionally, you can be investigated for overuse or misuse of alcohol or any other substances that could potentially impair your ability to work.
- Keep in mind that allegations of misconduct can happen for a wide variety of reasons.
- You may have done nothing wrong, but misunderstandings can sometimes provoke investigations and charges.
- You may have made a small error, like mistyping a customer's information in a database, that winds up looking like a more serious violation.
- It is unfortunate, but pharmacists do wind up falsely accused of misconduct by disgruntled employees or customers.
- It could be that you're on the line for a mistake committed by an employee.
- Or maybe you did genuinely make a mistake, but now you're facing sanctions from the Board of Pharmacy that are just more severe than your mistake truly warrants.
Whatever the charges, whatever your specific situation, you need the best legal representation you can get. You may know that you're entirely innocent, but you cannot count on investigators and decision-makers to come to that conclusion. It's easy for a piece of evidence, maybe even evidence that you think exonerates you, to be misconstrued and used against you. Your LLF Law Firm attorney can make sure you're treated fairly and that no one is allowed to misinterpret or misuse the facts.
The Disciplinary Process for Pharmacists in Pennsylvania
No professional ever wants to hear that they are under investigation for misconduct. The good news is that you have a number of valuable due process protections. That is, the Board of Pharmacy cannot simply revoke your license, suspend you, or apply any other type of sanction simply because someone has leveled an allegation at you. There's a process the Board must follow, and you have rights under that process.
In Pennsylvania, all cases involving professional licensure are subject to the state's Administrative Law and Procedure Act. Here's how cases typically unfold.
- First, someone files a complaint against you with the Department of State or the Board of Pharmacy.
- The Board then investigates the matter.
- If the Board determines the complaint is credible and actionable, you are allowed to defend yourself as part of a formal hearing.
- If the hearing determines you are, in fact, Responsible for (guilty of) an offense, it will assign sanctions. However, you have the right to request a judicial review of the Board's decisions.
Let's dig a little more deeply into each part of the process.
Complaints
Complaints can arise from almost anywhere. In fact, the Department of State operates a website specifically devoted to filing complaints against licensed professionals in Pennsylvania. Most often, though, complaints come from
- Customers
- Supervisors
- Colleague
- Employees you supervise
- Other staff
- Insurers
In addition, the Board of Pharmacy itself has the power to issue a complaint against you. The Board conducts regular reviews and inspections, and should it find cause during one of these, it can charge you with misconduct.
Again, though, you are always subject to a process. A complaint is not a guilty finding. It doesn't mean you will be found guilty. It might not even lead to an investigation. If you've already contacted an LLF Law Firm attorney, they may be able to minimize the damage of a complaint. They work every day with investigators, and they're skilled at working out misunderstandings. They may be able to help investigators see that a given complaint isn't worth pursuing, or they may be able to work out a deal that avoids the hassle and publicity of a lengthy investigation. It's important you contact the firm at the first sign of trouble, though, so they can begin working on your behalf immediately.
Investigation
State law authorizes the Board of Pharmacy to conduct investigations into allegations of misconduct. They are not required to do so, but typically, investigators begin by offering the accused the opportunity to give their side of the story. They'll likely speak to the Complainant (the alleged victim or accuser) as well. They'll collect any physical evidence connected to the case, and they'll interview potential witnesses.
You have the right to review any evidence from the investigation. Further, you can expect your LLF Law Firm attorney to conduct their own investigation and to point Board investigators in the direction of relevant evidence and witnesses.
The Board could decide to dismiss the case at this point if investigators find nothing to substantiate the charges. Otherwise, however, state law gives you the right to defend yourself at a formal hearing.
Hearing
Pennsylvania state agency hearings resemble criminal court cases, at least in general outline. For instance, you have the opportunity to present arguments and to submit evidence in support of those arguments, including witness testimony. Further, you have the right to cross-examine any witnesses testifying against you. You have the right to legal representation, and your LLF Law Firm attorney can conduct every aspect of the hearing on your behalf.
Crucially, though, an agency hearing is not a criminal trial. If you examine the process closely, you'll find many small but important differences.
- You can expect the atmosphere to be more relaxed. For example, state law notes that neither side is bound by "technical rules of evidence" and that "reasonable examination and cross-examination shall be permitted."
- Hearing decision-makers aren't trained judges. In fact, they usually have no legal training at all, though they may be practicing pharmacists with a working knowledge of Pennsylvania pharmacy law.
Thus, while you need an attorney to represent you, you don't want to just hire any attorney. You need someone who is experienced at handling state agency hearings, who understands the Pennsylvania professional licensing system, and who has represented clients in the past. You need someone from the LLF Law Firm.
Hearing Outcomes
If you should ultimately be found Responsible (guilty), you can expect decision-makers to set a sanction as well. Pennsylvania law authorizes sanctions, including
- Denial of license
- Public reprimand
- Mandated counseling or other treatment
- Probation
- License restrictions
- License suspension
- License revocation
Finally, you are entitled to appeal for judicial review of the Board of Pharmacy decision. In general, the judge who reviews the case is supposed to affirm that decision, but there are instances in which they can overturn it.
- Any violation of your Constitutional rights during the process
- Any element of the investigation and hearing that was not conducted according to the law
- Any finding of the hearing that is not supported by substantial fact
Just as your LLF Law Firm attorney can be an invaluable resource before your hearing, they can offer important advice after the hearing. They can help you determine whether an appeal is in your best interests and what grounds will make for the best chance at success. They can organize the evidence and draft the appeal itself. Most importantly, they can make sure, just as they have at every step along the way, that your rights are respected and that you are treated fairly by the process.
Why You Need a Professional License Defense Team
The state of Pennsylvania gives you the right to legal representation during a Board of Pharmacy investigation and hearing. There are important reasons for that.
- First, a misconduct allegation is no trivial matter. Your entire career is at stake. No matter what the charges, outright license revocation is always a possibility. And even if you don't lose your license completely, a suspension, probation, or a public reprimand can do permanent damage to your ability to find work and operate a business.
- Pharmacy misconduct cases can be difficult to defend. It isn't just that the law is complex, though that is certainly true. You also have to navigate a complicated set of administrative rules and procedures.
- You need someone in your corner. You may be used to thinking of the Board of Pharmacy as an advocate, and it's true that the Board does work for the general good of the industry. It proposes new laws and lobbies to overturn laws that are no longer effective. It keeps pharmacists in Pennsylvania up to date on changes in the industry. It runs the licensing system. If you've been accused of misconduct, though, it's also the mechanism for investigating and adjudicating your case. In that sense, it's not on your side. You need someone who is.
Remember, though, that not just any lawyer will do. The LLF Law Firm attorneys are committed to helping professionals protect their licenses and get the justice they deserve. More importantly, they understand how extrajudicial processes, like those at Philadelphia state agencies, operate, and they know how to use those processes to your advantage.
What Can the LLF 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 LLF Law Firm's Professional License Defense Team understands your situation. They understand what kinds of pressures you face every day and just how important what you do is. They believe in you, and they're ready to fight to ensure you get the justice you deserve.
To find out more about exactly what the LLF Law Firm can do for you, contact the LLF Law Firm today at 888-535-3686 or use our online form.
