Even the most qualified and caring pharmacists in Massachusetts often encounter sanctions that jeopardize their careers and their ability to serve the public. Sanctions can arise from misunderstandings, unfounded accusations of unprofessional behavior, or genuine errors. Without using every resource to contest these sanctions, pharmacists risk having their licenses suspended or revoked, among other potential negative consequences. These actions might be preventable with effective legal representation.
The team at the Lento Law Firm is well aware of the pharmacy profession's demands and the critical importance of maintaining a workforce of competent pharmacists. We are committed to vigorously defending medical professionals like you, recognizing that licensing boards may not always fully appreciate your circumstances or the specifics of your case.
The Professional License Defense Team at the Lento Law Firm is prepared to help you defend your pharmacist's license, engaging in negotiations with licensing bodies to achieve the best possible outcome. Contact us at 888-535-3686 or via our online form, and we will reach out to you.
Disciplinary Actions the Massachusetts Board of Registration in Pharmacy Can Take
In Massachusetts, the Board of Registration in Pharmacy is in charge of administering pharmacist's licenses to qualified professionals throughout the Commonwealth. This board also regulates pharmacy operations and the distribution of prescription drugs. The Board is part of the Bureau of Health Professions Licensure, which handles all complaints about medical professionals in Massachusetts. Anyone can file a complaint against you for reasons related to your pharmacy practice using the Bureau's complaint form. The Bureau investigates all complaints received to determine if they are legitimate, and if they warrant further action, send them to the appropriate boards.
Any member of the public can also use the Bureau's license checker to see the status of any licensed medical professional in Massachusetts, including disciplinary action. As a result, any potential patients or employers can see if you've been disciplined by the Board of Registration in Pharmacy.
The board has the authority to take certain disciplinary actions against registered pharmacists in Massachusetts who violate any of the laws, rules, or regulations pertaining to the practice of pharmacy:
- License suspension
- Being placed on probation
- Formal reprimand
- Voluntary surrender of license
- License revocation or cancellation
- Declining to renew a license
- Civil, administrative penalty between $100-$2,500
- Required additional education and training
- Required participation in a drug or alcohol rehabilitation program
The board may also offer to sign a consent agreement with you, which places conditions on your practice. You generally have to admit responsibility for the accusations against you in a consent agreement, and you may have to voluntarily surrender your license on a temporary basis.
Will Simply Telling the Truth Be Enough?
Through our experience defending medical professionals, we've encountered numerous times when pharmacists were entirely blameless. In some situations, these pharmacists believed that merely presenting the truth—that their actions did not merit disciplinary measures—would suffice as a defense. Thankfully, these medical professionals made the prudent decision to seek our assistance instead of presuming that their boards would conduct their cases fairly.
The reality is that the mere facts of a case do not always predict the resolution of disciplinary actions specific to licensed professionals. Pharmacy boards frequently make errors and can hand down rulings that are either unjust or not reflective of the situation because:
- They fail to carry out adequate investigations, missing crucial facts, testimonies, and evidence that could alter the case's direction.
- They exhibit bias, either in favor of the complainant (the accuser) or against the defendant (the accused).
- They neglect to consider key pieces of evidence or testimonies, especially those that could vindicate the accused.
- They do not arrive at a fair judgment after reviewing all the evidence.
Pharmacy boards have a history of disciplining pharmacists who might have been wrongly accused or warranted less severe penalties.
When facing disciplinary action, it's essential not to take anything for granted. Allow a lawyer from our team to bring forward all pertinent facts and evidence, exploring every avenue toward achieving a favorable resolution.
Grounds for Sanctions Against Pharmacists in Massachusetts
As a licensed pharmacist or pharmacist technician in Massachusetts, you can be formally disciplined by the board for a number of infractions. The board may suspend, revoke, or cancel a license for any of the following reasons:
- Gross misconduct
- Fraud
- Practicing the profession beyond the authorized scope
- Gross incompetence
- Negligence
- Practicing the profession while impaired by alcohol or drugs
- Violating any board rules or laws pertaining to the pharmacy profession
- Conviction of a criminal offense reasonably related to the pharmacy profession
- Dishonesty or deceit reasonably related to the pharmacy profession
- Knowing allowing an unlicensed person to perform activities that require a license
- Having a license from another state revoked, suspended, canceled, or not renewed
- Improper use of intoxicating liquor or drugs
The Board of Registration in Pharmacy also has a professional code of conduct that all licensed and certified professionals must adhere to. The code has a great deal of overlap with the list of grounds for discipline above, but it does have a few requirements that are not mentioned by the law. Some examples are:
- Not dispensing drugs in any way that circumvents the law
- Offering refunds, rebates, discounts, or commissions on the sale of drugs
- Dispensing expired, outdated, or otherwise substandard drugs
- Providing any practitioner with prescription blanks
- Not maintaining patient confidentiality
As you can see, the slightest error or misunderstanding can lead to a complaint, investigation, and disciplinary action for a pharmacist. If you get accused of any wrongdoing, it's essential to defend it as much as you can.
The Adjudication Process for Pharmacist Licensing Issues in Massachusetts
The Board of Registration in Pharmacy has a formal adjudication process for disciplining pharmacists accused of violations. The process starts when the board receives a complaint and investigates.
Investigation
Before the board schedules a formal hearing, it may hold an investigative conference. The point of this conference is to gather information about the complaint against you and give you a chance to make a statement to the board.
Hearing
You are allowed to have an adjudicatory hearing if license suspension or revocation is on the line. The board must give you due notice and must formally state what charges there are against you. At the hearing, you can bring witnesses to testify on your behalf. You may also have counsel present with you. The board has the right to ask for evidence to present at the hearing, such as books or documents relevant to the case.
The board can also issue subpoenas in order to compel certain witnesses to testify or procure certain evidence. If less than a majority of board members are present at the hearing, there will be a tentative decision. This decision gets mailed out to the deciding board members, who will review it. During this time, you have the opportunity to oppose the tentative decision. Once all the deciding board members have seen the tentative decision, they make a final decision concerning your responsibility for the alleged violation and sanctions.
Appeals
To appeal a final decision, you have two options:
- Motion for reconsideration: Within 10 days of the final decision copy being mailed, you can submit a motion to reconsider the decision to the Board of Registration in Pharmacy.
- Further appeal: You have the right to seek administrative or judicial review with the appropriate court of law.
Going through a formal disciplinary procedure with the board can be intimidating. There are a great deal of rules, laws, and regulations that aren't easily accessible in one place. If you have no familiarity with the adjudicatory process or no legal experience, you may easily find yourself in over your head.
At the Lento Law Firm, our Professional License Defense Team can assist you every step of the way. We're familiar with the Massachusetts laws concerning practicing pharmacists, and we'll be able to manage the process for you so you can focus on your career. Don't let one mistake or misunderstanding ruin everything you've worked for.
The Lento Law Firm's Attorneys Have the Resources to Help
As you face the possibility of professional sanctions, you might question the necessity of legal representation. We encourage you to truly think about the serious implications of such sanctions and to consider engaging the services of the Lento Law Firm Team for several key reasons:
- Challenging standards for sanctions against pharmacists: You might be required to counter allegations made against you, where the board operates on a presumption of guilt until proven innocent. An effective defense strategy is essential, and our team is ready to formulate and implement it on your behalf.
- The backing of the Massachusetts Board of Registration in Pharmacy: Contesting a complaint with the board means you're up against the resources of the Commonwealth of Massachusetts itself. You merit a law firm with the capabilities to undertake and succeed in such a battle.
- Navigating unfamiliar legal waters: Many pharmacists we assist have never been through the disciplinary process. Our experienced team will guide and prepare you for what lies ahead.
- Proven success in defending pharmacists: Our history of successfully defending pharmacists against potential sanctions offers reassurance. Our experienced team is committed to your case until we find you a resolution.
As you navigate through the challenges of potential license sanctions, our team will take charge of your defense, allowing you to maintain your focus on your personal and professional life without additional stress.
How Our Firm Can Assist You
The core aim of the Lento Law Firm Team is to exonerate you and prevent sanctions. Should sanctions become unavoidable, our objective shifts to minimizing them as much as possible. To achieve these goals, our firm commits to the following actions:
- Determining the best possible resolution for your case: Whether you're wrongly accused or acknowledge a momentary lapse in judgment or emotional response during a challenging period, we'll tailor our strategy to these nuances to aim for the most favorable outcome.
- Gathering all pertinent evidence and testimonies: Our approach involves conducting a detailed investigation into your specific situation, relying solely on first-hand information rather than third-party sources. The accuracy of evidence and witness accounts is crucial for your case, and we're committed to thoroughness.
- Seeking resolutions beyond conventional legal processes: We'll engage in negotiations with Offices of General Counsel (OGCs) authorized to settle your case, often achieving expedient and optimal results through direct discussions.
- Guiding you through the adjudication process: We're prepared for formal adjudication if necessary. We'll stand by you in meetings, represent you at hearings, and promptly manage any required appeals.
- Pursuing additional legal avenues as needed: We're ready to explore all legal options to protect your nursing license, including actions beyond standard appeals, and will advise on the best course as your case develops.
With nationwide experience in liaising with professional licensing boards and their legal representatives, our firm is dedicated to securing the best outcome for you, tailored to your unique situation.
We Help Pharmacists Throughout Massachusetts
Our Professional License Defense Team Serves pharmacists practicing throughout Massachusetts, no matter which type of healthcare setting you work in. We can help pharmacists in:
- Boston
- Worcester
- Springfield
- Cambridge
- Lowell
- Brockton
- New Bedford
- Lynn
- Quincy
- Fall River
- Somerville
- Framingham
- Haverhill
- Brookline
- Waltham
Even if you don't see your city listed above, the Lento Law Firm can assist you with your pharmacy license defense issue. Don't hesitate to contact our offices.
Call Our Professional License Defense Team Today
Protecting your license should be your priority, and our team is prepared to begin working on your case immediately. We'll maximize every moment you give us before any interviews, hearings, appeals, or legal proceedings commence.
Reach out to the Lento Law Firm at 888-535-3686 for a consultation on how we plan to defend your pharmacy license in Massachusetts. You can submit your case information via our online form and we'll promptly get back to you.
