Despite their years of training and experience, many pharmacists in Montana often face disciplinary measures that put their careers at stake. These punishments can stem from misunderstandings, baseless allegations of unprofessional conduct, or simple mistakes. If you get accused of wrongdoing and brought up on disciplinary charges as a pharmacist, you should use all available resources to protect your license. If not, you stand to get your license suspended or revoked.
At the Lento Law Firm, we understand the challenges of working in the pharmacy field. We are dedicated to advocating for medical professionals like you, recognizing that licensing boards may not fully comprehend the complexities of your situation.
Our team of Professional License Defense attorneys is well-equipped to assist you in defending your pharmacist license. We can negotiate with licensing bodies to achieve the most favorable outcome. To schedule a consultation, please contact us at 888-535-3686 or through our online form.
The Montana Board of Pharmacy
The Montana Board of Pharmacy is in charge of all state pharmacist licensing regulations. It also has the authority to grant, deny, and investigate licenses. The license types under the board's jurisdiction are:
- Pharmacist
- Certified Pharmacy Technician
- Provisional Certified Pharmacy Technician
- Pharmacy Interns
- Dangerous Drug Researchers
- Medication Practitioner Dispensers
The board also regulates licenses for facilities, such as community pharmacies, hospital pharmacies, and other places that provide drugs to patients. These facilities must also have the proper licensure to dispense drugs to the public and can have sanctions imposed when found responsible for a violation.
Anyone can fill out the online complaint form to submit a complaint to the board if they feel you've engaged in unprofessional conduct. If the complaint has merit and ends up leading to a formal disciplinary process, the person who filed the complaint most likely won't be able to remain anonymous. They will probably have to provide testimony at the hearing.
It's also possible for anyone to look up your license in the database maintained by the Montana Department of Labor and Industry.
What's at Stake for Your Pharmacy License?
If you are found to have violated any of the rules and regulations pertaining to your pharmacist's license in Montana, the board can impose one or more of the following sanctions:
- Revocation of the license
- Suspension of the license for a fixed or indefinite term
- Restriction or limitation of practice
- Satisfactory completion of a specific program of remedial education or treatment
- Monitoring of the practice by a supervisor approved by the board
- Censure or reprimand, either public or private
- Compliance with conditions of probation for a defined period of time
- Payment of a fine of up to $1,000 for each violation
- Denial of a license application
- Refund of costs and fees billed to and collected from a consumer
It's also possible to enter into a stipulated agreement with the board that resolves the matter. Typically, you have to agree to one of the sanctions listed above in this type of agreement. In some cases, the stipulated agreement leads to less severe sanctions, but not always. Accepting this arrangement also usually means that you accept responsibility for the charges against you.
Why Simply Telling the Truth Isn't Always Enough
We've provided legal representation for pharmacists who were innocent and believed that simply presenting the truth would be enough to defend their actions against any disciplinary action. Fortunately, these pharmacists decided to seek assistance from our lawyers instead of relying on their regulatory boards to handle their cases fairly.
Simply stating the facts may not always sway the outcome of the disciplinary proceedings. Pharmacy boards can make mistakes and may issue rulings that are biased or do not accurately reflect the situation due to several factors, such as:
- Inadequate investigations that overlook key facts, testimonies, and evidence that could potentially alter the outcome
- Bias towards the complainant (the accuser) or the desire to make an example of you
- Disregarding crucial evidence or testimonies, particularly those that could exonerate the accused
- Failing to come to a fair decision after reviewing all available evidence
Pharmacy boards have disciplined pharmacists who were falsely accused or may have deserved less severe penalties. You shouldn't assume that disciplinary proceedings will result in a favorable outcome. By working with one of our attorneys, we ensure that all relevant facts and evidence are presented at your disciplinary hearings, increasing the chances of a positive resolution.
Which Actions Can Lead to Sanctions from the Montana Board of Pharmacy?
If you engage in what the board considers “unprofessional conduct,” you could be brought up for sanctions. Some examples of unprofessional conduct include:
- Any activity which violates state or federal statutes and rules governing the practice of pharmacy
- Dispensing an outdated or questionable product
- Dispensing a cheaper product and charging for a more expensive product
- Charging for more dosage units than are actually dispensed
- Altering prescriptions or other records
- Dispensing medication without proper authorization
- Defrauding anyone receiving pharmacy services
- Signing an affidavit you know to be false
- Any act that is hostile to public health
- Buying, selling, purchasing, or trading prescription drug samples
- Misdemeanor or felony conviction of a crime of moral turpitude
- Fraud, misrepresentation, deception, or concealment of a material fact when applying for or securing a license
- Being subject to disciplinary action by a board of pharmacy in another state or jurisdiction
- Willful disobedience of a rule adopted by the board
- Failing to cooperate with a lawful investigation conducted by the board
Any of these actions can be grounds for discipline with the Montana Board of Pharmacy. While it's obvious why some actions are considered unprofessional, such as fraud or buying prescription drug samples, for others, it's less clear. You shouldn't charge a consumer more for a drug than what it's actually worth, but if you do so by accident and get reported, it could lead to disciplinary action for you.
The Disciplinary Process for the Montana Board of Pharmacy
If you get accused of wrongdoing, you will have to go through a disciplinary process. It could be short, requiring you only to provide a statement in response to a complaint and come to an agreement with the board. It could also last much longer, however, if you contest the board's initial decision and ask for a hearing.
The disciplinary process is broken up into three stages: Investigation, hearing, and appeal.
Investigation
The disciplinary process starts when the Montana Department of Labor and Industry receives a formal complaint. The Department reviews it to determine if the Board of Pharmacy has the authority to decide the issue. If it does, then the Department forwards the complaint to the Board of Pharmacy. The board then investigates the claim and asks you for a written response.
Once the investigation is finished, the board holds a screening panel meeting. It's not a hearing; it's a fact-finding meeting for the board. You are expected to attend and may be asked for clarification on the statement you provided.
Hearing
If the screening panel finds reasonable cause for the complaint, there are two options:
- You agree to a stipulated agreement with the Board of Pharmacy and resolve the matter.
- You request a hearing.
At the hearing, you may present evidence, call on witnesses to testify, and have counsel present. The findings from the hearing are sent to the Adjudication Panel, which issues a final order concerning your case.
Appeal
If you disagree with the final order, you can appeal by seeking judicial review in the district court of the county where you reside or have a place of business. You must file for review within 30 days of receiving the final order. While the appeal is ongoing, the sanction imposed by the board can still take effect. The board may decide to stay the penalty but isn't legally obligated to do so.
Our Professional License Defense Team Can Defend Your License
If you're not brought up on criminal charges, and no one is suing you, do you need a lawyer? We strongly recommend one. These sanctions can greatly impact both your career and personal life. If you lose your license, you can't practice pharmacy and earn a living.
There are other reasons why legal help is crucial in pharmacist license defense cases:
- Pharmacists face strict sanctioning criteria: You aren't dealing with a court of law. You may not be “innocent until proven guilty.” You may have the burden of proving your innocence. Our team can develop an effective defense strategy on your behalf.
- The Montana Board of Pharmacy has significant resources: Defending your license means going up against a state agency with substantial resources. You need a capable law firm to manage and defend your case.
- Navigating unfamiliar legal processes: For many pharmacists, the disciplinary process is unfamiliar territory. Our team will guide you through each step, ensuring you understand and are prepared for what lies ahead.
- Proven track record: Our history of successfully defending pharmacists should give you confidence in our dedication to achieving a positive outcome for your case.
As you face the potential revocation or suspension of your license, our team will handle your defense, allowing you to focus on your personal and professional life without added stress.
The Services Our Team Will Provide
Our goal is to clear your name and prevent any penalties. If sanctions do get imposed, we will work to minimize their impact. You can expect the following services from our team as we work on your case:
- Identifying the most suitable solution: Whether you are facing false accusations or consequences from a lapse in judgment during a high-stress period, we will let you know what you can expect from the resolution of your case.
- Gathering crucial evidence and testimonies: We conduct thorough investigations into your case, prioritizing direct evidence and reliable testimonies. We won't simply rely on the information gathered by the board—we'll conduct our own investigation to ensure the information is legitimate and not hearsay.
- Seeking out-of-court settlements: Our team will engage in negotiations with Offices of General Counsel (OGCs) that have the authority to settle your case. Our goal is to reach a swift resolution that benefits both parties, which is often achieved through direct negotiations.
- Guiding you through the adjudication process: If your case proceeds to formal adjudication, we are fully equipped to support you throughout meetings, represent you at hearings, and handle any necessary appeals.
- Exploring all legal avenues: We are committed to exploring every possible legal option to protect your pharmacist's license, including strategies beyond standard appeals. Our recommendations are tailored to best suit your circumstances.
Our firm is dedicated to achieving the best possible outcome for your case based on your unique circumstances.
We Help Pharmacists Throughout Montana
Our Professional License Defense Team is ready to help you with your pharmacist's license defense issue no matter where you're based in Montana, including:
- Billings
- Missoula
- Great Falls
- Bozeman
- Butte
- Helena
- Kalispell
Even if you're living or working in a city not mentioned above, our team is ready to assist you.
Reach Out to the Lento Law Firm's Professional License Defense Team
Defending your license is crucial, and our team is ready to start taking action on your behalf right away. We will use all the time we have before any interviews, hearings, appeals, or legal proceedings begin to assess, research, and prepare a defense for your case.
Contact the Lento Law Firm at 888-535-3686 to discuss how we can protect your pharmacy license in Montana. You can also fill out our online form with your case information, and one of our team members will contact you.
