Are you a pharmacist in South Carolina's Upstate region? Are you facing disciplinary action against your license for an alleged violation? Depending on the nature of the circumstances and allegations, the potential consequences of being found guilty of a violation can range from minor penalties (like a fine) to loss of your license to work as a pharmacist in the state.
Don't let accusations of misconduct or other such violations jeopardize your career. Protect yourself now with help from legal professionals whose experience qualifies them to handle a case like this, in which your professional license may be on the line.
That's precisely what you'll find at our Lento Law Firm Professional License Defense Team. Whether you're a pharmacist serving a large city in South Carolina's Upstate, such Greenville, Spartanburg, or Anderson, or you work out of a smaller community like Easley, Simpsonville, or Clemson, we're prepared to offer a defense tailored to the unique details of your case. Learn more about how we can help by submitting your information via our confidential online contact form or by calling our offices today at 888-535-3686.
The South Carolina Board of Pharmacy's General Authorities and Responsibilities
The South Carolina Board of Pharmacy (referred to going forward simply as “the Board”) is responsible for licensing pharmacists in South Carolina's Upstate region and throughout the state. The law also grants the Board the authority to take disciplinary action against the license of a pharmacist who commits a relevant violation.
It's important to understand that a Board investigation is different from a criminal case (although sometimes the alleged violation for which a pharmacist faces disciplinary action may overlap with a criminal matter). As such, it's beneficial to have a defense from a legal team that handles professional license defense matters. At the Lento Law Firm, serving pharmacists from large cities like Greenville to small communities like Travelers Rest in South Carolina's Upstate, our attorneys can explain how we have the experience necessary to represent you in such matters.
Reasons the Board May Take Disciplinary Action Against a Pharmacist's License in South Carolina's Upstate
South Carolina law allows the Board to discipline a pharmacist for the following general reasons:
- Violating any of the provisions of the relevant statute or any of the regulations promulgated under said statute
- Hiring and keeping as an employee anyone who willfully or habitually violates any of the laws (whether they be state or federal) that apply to “a permitted facility or its operation”
The provisions and regulations the law covers are numerous. As such, there are many potential violations that could result in a pharmacist facing disciplinary action. The following are merely categories of violations, along with a few common examples:
- Misconduct: A pharmacist in South Carolina's Upstate region may face Board disciplinary action for ethical or professional misconduct. Examples include violating the relevant pharmacy profession's code of ethics, aiding or abetting others in committing violations, and general negligence that has the potential to harm or defraud the public.
- Fraud: Fraud is another category of misconduct that can result in disciplinary action against a South Carolina pharmacist's license. For instance, a pharmacist's license may be at risk if someone alleges that they've billed for services that weren't provided, or if they provided unnecessary services so that they could bill for them accordingly.
- Criminal issues: The Board's goals include ensuring that anyone licensed to practice as a pharmacist in the state won't pose a risk to public safety. Thus, a pharmacist may sometimes face licensing issues for relevant criminal convictions, such as felony convictions, convictions involving drugs or other substances, and convictions of crimes of moral turpitude. Similarly, a pharmacist who is found to be practicing while under the influence of drugs or alcohol may be subject to both criminal charges and disciplinary action against their license.
- Licensing and continuing education issues: The Board can refuse to issue a license to a prospective pharmacist who provides false or fraudulent information/documentation to the Board in an attempt to secure a license. If the Board discovers a pharmacist who's already licensed obtained said license through fraudulent means, the Board can also take action accordingly. In addition, the Board may discipline a pharmacist for not fulfilling certain licensing requirements, like the requirement to satisfy requirements relating to continuing education.
- Documentation issues: Licensed pharmacists in South Carolina's Upstate (and anywhere else in the state) are required to maintain certain records and document certain aspects of the work they perform. The Board can take disciplinary action against a pharmacist for everything from failure to maintain necessary records to falsifying records and/or documentation.
- Out-of-state discipline: A pharmacist (or prospective pharmacist) in South Carolina may have already sought or obtained a pharmacist's license elsewhere before practicing in this state. If the Board discovers that their license was subject to disciplinary action in another part of the country, this could justify the Board taking action against a nurse's license here. On the other hand, it's worth noting that having one's license subject to disciplinary action in South Carolina could result in licensing issues in other states, which a pharmacist might need to keep in mind if they ever plan on moving outside of South Carolina.
- Impairment: A pharmacist doesn't necessarily have to do something “wrong” for the Board to take disciplinary action against their license. Sometimes, the Board can discipline a pharmacist if it's determined that, due to a physical or mental impairment, a pharmacist is unable to perform their duties without unreasonably putting the public at risk.
The above is by no means an exhaustive list of all the potential violations that could result in the Board considering disciplinary action against the license of a pharmacist in South Carolina's Upstate region.
Understanding why the Board is considering such action is critical. If you've learned the Board is investigating you for an alleged violation, reviewing the matter and explaining the nature of the allegations is just one way our Lento Law Firm Professional License Defense Team can help you now.
Forms of Disciplinary Action the Board May Take Against a Pharmacist's License in South Carolina's Upstate
Many factors can influence the types of disciplinary action the Board may consider when a pharmacist has allegedly committed a violation. They include (but aren't necessarily limited to):
- The specific violation a pharmacist is accused of
- Whether a pharmacist has been accused of other violations in the past
- Mitigating factors, such as whether a pharmacist has taken steps to address an issue (such as enrolling in a relevant continuing education program if a lapse in continuing education resulted in the initial disciplinary investigation)
At the Lento Law Firm, attorneys with our Professional License Defense Team will review all mitigating factors to fight for the best possible outcome for our clients when they face potential action against their pharmacists' licenses.
Forms of disciplinary action the Board has the authority to take are:
- Denial or refusal to renew: The Board can refuse to issue a license to a prospective pharmacist allegedly guilty of a violation. It can also refuse to renew the license of a pharmacist already licensed in the state.
- Suspension: The Board may temporarily suspend a pharmacist's license when they're accused of a violation. Sometimes, the Board may impose conditions or limitations on a license, potentially lifting a suspension once the pharmacist satisfies the necessary conditions. Be aware that the Board can also take emergency action before finding a pharmacist guilty of a violation. If the Board has reason to suspect a pharmacist may represent an urgent threat to public health or safety, it can essentially suspend their license while an investigation is ongoing. Although the Board doesn't take this step lightly, it's a potential outcome to be aware of.
- Revocation: License revocation is an option the Board may consider in cases involving significant alleged violations or misconduct.
- Fine: The Board may impose a fine of up to $1,000 for each violation involving a pharmacist providing drugs to someone not permitted to receive them under the relevant law.
Information about any disciplinary actions the Board has taken against a pharmacist's license may be publicly available. As such, even if a pharmacist doesn't technically lose their license, having their license subject to disciplinary action can negatively impact their employment prospects, as potential employers may be reluctant to hire someone who's been disciplined for misconduct or violations in the past.
The Board can also submit a Letter of Caution or Letter of Concern to a pharmacist accused of a violation. This is a non-disciplinary action, and information about it is not publicly available. However, receiving such a letter does indicate that a pharmacist may need to address the matter to avoid more significant actions in the future.
Again, the Board can account for many factors when determining how to discipline a pharmacist. It's also vital to consider that not all allegations are based on fact. If it can be shown that there's insufficient evidence to justify disciplining a pharmacist's license, the Board may take no action at all.
Understanding the types of disciplinary action you may face is easier with assistance from legal professionals. Our Lento Law Firm Professional License Defense Team is prepared to review the allegations against you and discuss this matter in greater detail based on the unique details of your discipline case.
What Does the Complaint Process Against an Upstate South Carolina Pharmacist Involve?
Although the details may vary somewhat on a case-by-case basis, generally, the complaint and investigation process when a South Carolina pharmacist is accused of a violation or misconduct involves these steps:
- Complaint: Someone with knowledge of a potential violation can submit a complaint to the South Carolina Department of Labor, Licensing and Regulation. In some cases, the Board may initiate the complaint/investigation process itself. For example, the Board may do so if it discovers that a pharmacist has been convicted of a relevant crime.
- Review: A complaint analyst will review the complaint and the relevant laws and regulations to determine whether the nature of the complaint indicates a violation may have occurred. The complaint analyst may determine that a case doesn't warrant further investigation, notifying the original complainant accordingly. If a complaint does warrant further consideration, the Office of Investigations and Enforcement (OIE) will launch its investigation. The pharmacist who is under investigation will receive a copy of the complaint and notification that an investigation has begun. Typically, the copy of the complaint will also identify the party who filed the complaint.
- Investigation: Investigators may approach a case in various ways depending on its unique factors and details. Typically, an investigation involves interviewing witnesses and the pharmacist under investigation. If you're the subject of an investigation, consider how having a lawyer represent you can help you avoid making potentially harmful statements during interviews. Investigators also have the authority to subpoena witnesses and take other such steps to gather evidence.
- Investigate Review Conference: An Investigative Review Conference (IRC) will review the findings of the investigators. Sometimes, the IRC recommends dismissing a case. In other instances, it may recommend disciplinary action or further proceedings. Board members will vote on the recommendations of the IRC.
- Consent agreement or hearing: If the Board decides to move forward with additional proceedings, the Board may negotiate a consent agreement with a pharmacist accused of a violation. This is similar to a plea deal in a criminal case, involving a pharmacist agreeing to certain sanctions and admitting certain violations occurred. Or, a pharmacist can request a hearing to present their case. During the hearing, the case against the pharmacist will also be presented.
You don't need to face this process alone. Our Lento Law Firm Professional License Defense Team is available to walk you through every step of the complaint and investigation process.
Get Help When Your Pharmacist License Is in Jeopardy in South Carolina's Upstate Region
As a pharmacist in South Carolina's Upstate region, you're serving one of the busiest sections of the state. Allegations of rule-breaking could prevent you from continuing to do so.
That doesn't need to happen. Serving pharmacists throughout South Carolina, our Lento Law Firm Professional License Defense Team is ready to fight for your rights. Get started today by contacting us online or calling our offices at 888-535-3686.
