Many pharmacists in Iowa end up facing disciplinary sanctions that prevent them from practicing pharmacy despite their years of training and experience. These sanctions can arise from misunderstandings, unfounded accusations of unprofessional behavior, or simple errors. If you are facing disciplinary charges as a pharmacist, you should use all available resources to defend your license; otherwise, you risk having it suspended or revoked.
At the Lento Law Firm, we are acutely aware of the intricate nature of the pharmacy profession and the unique challenges it presents. We are dedicated to defending medical professionals like you, recognizing that licensing boards may not always grasp the subtleties of your circumstances.
Our team of Professional License Defense attorneys is prepared to help you protect your pharmacist license. We will work with licensing bodies to secure the best possible outcome for your case. For a consultation, please contact us at 888-535-3686 or via our online form.
The Iowa Board of Pharmacy
In Iowa, the Board of Pharmacy is responsible for issuing licenses to pharmacists, pharmacy technicians, and pharmacies. Its role is also enforcing minimum standards that licensed providers must follow. Not following these standards could lead to an investigation or audit by the board, and eventually to disciplinary action.
Anyone can file a complaint with the Iowa Board of Pharmacy concerning a licensed pharmacist. Once the board receives a complaint, it investigates to determine if any violations have likely occurred. The board's website also has a database where anyone can look up the status of your license and whether you've had disciplinary action imposed on you.
Potential Disciplinary Actions for Pharmacists in Iowa
If the board finds you responsible for a violation, it has the authority to impose any of the following sanctions:
- Revocation of license
- Suspension of license
- Non-renewal of license
- Prohibiting you from doing certain procedures, methods, or acts
- Probation
- Requirement to complete additional education or training
- Requirement to complete reexamination for licensure
- Ordering a physical or mental examination
- A civil penalty of up to $25,000
- Citation and warning
- Other sanctions allowed by law, as appropriate
When the board considers disciplinary actions against licensees, they must take the following factors into account:
- The seriousness of the violation as it relates to high standards of professional care
- The facts of the violation
- Extenuating circumstances or countervailing considerations
- Prior violations or complaints
- Whether remedial action has been taken
- Any factors that reflect the competency, ethical standards, or professional conduct of the license
The board has a great deal of leeway when it comes to handing out penalties. Not only is it allowed to deviate from the list of sanctions and impose any punishment deemed appropriate (and allowed by law), but it can also consider any factors it deems relevant when deciding on the penalty.
When you're facing a licensing board with that much authority, you should have a Professional License Defense Attorney by your side. We can help ensure the board gives you a fair hearing.
You Need More Than the Truth to Defend Yourself
We have represented pharmacists who were innocent yet believed that merely presenting the truth would suffice to defend against disciplinary actions. Thankfully, these pharmacists chose to seek our legal assistance instead of depending on their regulatory boards for fair treatment.
Simply presenting the facts may not always influence the outcome of disciplinary proceedings. Pharmacy boards are prone to errors and might issue biased or inaccurate rulings due to various factors, such as:
- Incomplete investigations that miss important facts, testimonies, and evidence that could change the outcome
- Bias towards the complainant (the accuser) or a tendency to make an example out of the accused
- Ignoring key evidence or testimonies, especially those that could clear the accused
- Not reaching a just decision after considering all the evidence
Pharmacy boards have sanctioned pharmacists who were wrongfully accused or who might have warranted milder penalties. It's unwise to presume that disciplinary proceedings will naturally lead to a just outcome. Working with our attorneys ensures that all pertinent facts and evidence are thoroughly presented during your hearings, enhancing your chances for a favorable result.
Grounds for Sanctions with the Iowa Board of Pharmacy
The board can refuse to issue or renew your license, reprimand, revoke, restrict, cancel, or suspend your license, or place you on probation if it finds you are responsible for any of the following actions:
- Violating the Iowa Pharmacy Practice Act
- Engaging in unethical conduct
- Failing to keep and maintain accurate records
- Violating the Controlled Substances Act
- Helping an unlicensed individual practice pharmacy
- Refusing to allow a pharmacy inspection
- Conviction for an offense related to controlled substances, drugs, devices, cosmetics, or health-related professions
- Having a license to practice pharmacy canceled or revoked in another state
- Fraud in procuring a license
- Professional incompetence
- Habitual intoxication or addiction to the use of drugs
- Using untruthful or improbable statements in advertising
- Sexual abuse in the fourth-degree
All the violations that could possibly get you in trouble with the Iowa Board of Pharmacy aren't conveniently listed in one place. Pharmacists must follow the Pharmacy Practice Act, state statutes concerning licensed healthcare professions, and even the Federal Food, Drug, and Cosmetic Act. Some offenses are obvious, such as fraud. Others, however, may be more ambiguous or even innocent. Failing to keep accurate records can get you disciplined by the board, but you may not commit this offense intentionally.
If you are accused of wrongdoing by the Iowa Board of Pharmacy, you have a right to know exactly what your alleged offense is. This offense must have a legal basis, and the board must formally charge you before a hearing is held. As soon as you learn about potential disciplinary charges from the board, you should contact our Professional License Defense Team.
How Does the Disciplinary Process for the Iowa Board of Pharmacy Work?
The disciplinary process for the Iowa Board of Pharmacy usually starts when the board receives a complaint about a pharmacist. Then, there may be a hearing, followed by an appeal process.
Investigation
If the board receives a complaint or has reason to believe a violation occurred, it can order an investigation. The board can subpoena books, papers, records, and other evidence. If you are the accused in the complaint, you will have the chance to provide the board with a statement of defense concerning the allegations against you.
The investigator makes a report and submits it to the board. The board reviews the report and takes one of the following actions:
- Institute a disciplinary proceeding by filing one or more statements of charges
- Approve a combined statement of charges and settlement agreement
- Send a confidential letter of education or administration to the licensee
- Request additional investigation
- Refer the case to another regulatory authority
- Close the case without further investigation
If the board offers a settlement agreement and you take it, you waive the right to a hearing and accept a penalty that you and the board have mutually agreed upon. The settlement agreement may be in your best interest, but every case is different. If there is no agreement, the next step in the process is a hearing.
Hearing
The board will send you a notice of hearing, and you have 20 days to respond. You are allowed to have an attorney represent you at the hearing. You can also ask witnesses to provide statements and present books, papers, records, or other documents as evidence.
The decision from the hearing is a “final decision,” but the process doesn't necessarily end there. You can appeal the decision via a rehearing.
Appeal
To file for a rehearing of a final decision, you submit your application within 20 days of the issuance of the final decision. The board then has 20 days to grant your application and if it takes no action in that time, the application is denied.
Our Team Will Work to Defend Your License
If you're not facing criminal charges and no one is suing you, will you still need a lawyer? We strongly recommend it. The implications of sanctions can severely affect both your professional and personal life. Losing your license means you cannot earn a living practicing pharmacy.
Other crucial reasons why legal assistance is essential in defending your pharmacist license include:
- Stringent sanctioning criteria: You're not in a traditional court of law, where you are presumed innocent until proven guilty. Often, you may need to prove your innocence. Our Professional License Defense Team is equipped to devise an effective defense strategy for you.
- Substantial resources of the Iowa Board of Pharmacy: Defending against a state agency that has significant resources requires a competent law firm that can robustly manage and advocate for your case.
- Unfamiliar legal territory: For many pharmacists, the disciplinary process is uncharted territory. Our Professional License Defense Team will guide you through each step, ensuring you are well-informed and prepared for what's ahead.
- Proven track record: Our history of successfully defending pharmacists should reassure you of our commitment to securing a favorable outcome for your case.
As you confront the possibility of having your license suspended or revoked, our team will take the lead on your defense, enabling you to maintain your focus on your personal and professional responsibilities without additional worry.
The Resources at Our Team's Disposal
Our top priority is to clear your name and avoid any penalties. If you do get sanctions, we'll work to minimize them as much as possible. Here's what you can expect from our Professional License Defense Team as we manage your case:
- Finding the optimal solution: Whether you are dealing with unwarranted allegations or the fallout from a momentary lapse in judgment during a stressful time, we will clarify what outcomes you can anticipate from your case's resolution.
- Collecting key evidence and testimonies: We perform in-depth investigations into your case, focusing on direct evidence and credible testimonies. We go beyond merely relying on information collected by the board; we conduct our own investigations to ensure everything is accurate and substantive.
- Pursuing settlements outside of court: Our team will engage in negotiations with Offices of General Counsel (OGCs) authorized to settle your case. We aim to secure a prompt, mutually beneficial resolution through direct negotiation.
- Navigating the adjudication process: Should your case advance to formal adjudication, we are fully prepared to support you during meetings, represent you at hearings, and manage any necessary appeals.
- Exploring all legal options: We are dedicated to examining every viable legal strategy to protect your pharmacist's license, including options beyond traditional appeals. Our recommendations are specifically tailored to your unique situation.
Our firm is focused on securing the best possible outcome for you, tailored to your circumstances.
Our Professional License Defense Team Assists Pharmacists All Over Iowa
We can help licensed pharmacists deal with disciplinary matters from the board no matter where they're located in Iowa, including the following cities:
- Des Moines
- Cedar Rapids
- Davenport
- Sioux City
- Iowa City
- Waterloo
- Ames
- West Des Moines
- Ankeny
- Council Bluffs
- Dubuque
- Urbandale
- Cedar Falls
Even if you don't see your city listed, we can assist you. Don't hesitate to contact our offices so we can set up a consultation.
Contact the Lento Law Firm for Pharmacist License Defense Today
Protecting your license is essential, and our team is prepared to begin advocating for you immediately. We will use every moment available before any interviews, hearings, appeals, or legal proceedings to thoroughly assess, research, and develop a robust defense for your case.
Reach out to the Lento Law Firm at 888-535-3686 to explore how we can help you defend your pharmacy license in Iowa. You can also submit your case details through our online form, and a member of our team will get in touch with you.
