Pharmacists in Nebraska often encounter disciplinary actions that jeopardize their careers and their ability to serve the community despite having years of training and experience. These sanctions can arise from misunderstandings, unfounded accusations of unprofessional behavior, or simple errors. Without using all available resources to fight these sanctions, pharmacists risk having their licenses suspended or revoked.
The Lento Law Firm is familiar with the demanding nature of the pharmacy profession. We are committed to defending medical professionals like you, recognizing that licensing boards may not fully understand the subtleties of your situation or the specifics of your case.
Our Professional License Defense Team is prepared to help you protect your pharmacist license. We can negotiate with licensing bodies to achieve the most advantageous outcome. Contact us at 888-535-3686 or via our online form to schedule a consultation.
The Nebraska Board of Pharmacy
In Nebraska, the Board of Pharmacy is under the Department of Health and Human Services (DHHS). DHHS has a Licensure Unit that is responsible for administering and regulating pharmacist's licenses in the state. Both DHHS and the Board of Pharmacy are involved in investigating complaints about pharmacists and handing down disciplinary actions to licensees who have violated the rules for practicing pharmacy in Nebraska.
The DHHS website also has a list of disciplinary actions taken against medical professionals, including pharmacists, throughout the state. These actions can include anything from probation to revocation, and the reason for the disciplinary action is always listed as well. DHHS has an option that lets you voluntarily surrender your license in place of disciplinary action, which lets you avoid sanctions. However, your name is still listed under the “voluntary surrender” section of the website.
Anyone can submit a formal complaint against a licensed healthcare professional on the DHHS website. Complaints can come from:
- The general public
- A private business
- Other health professionals
- Healthcare facilities
- Insurers
- Self-reports
Keep in mind that for some licensed healthcare professionals, facilities, and medical insurers, there is a mandatory reporting requirement. If one of these individuals or entities perceives that you've done something wrong, they have a legal obligation to file a formal complaint, or they could get in trouble themselves.
Disciplinary Actions the Board of Pharmacy Can Take
If you are accused of wrongdoing and found responsible for this violation after a hearing, you could have any of the following sanctions imposed:
- Censure
- Probation
- Limitation
- Civil penalty of up to $20,000
- Suspension of license
- Revocation of license
If your license gets suspended, you are not allowed to practice pharmacy for a fixed period of time. The board can determine how long the suspension lasts and set requirements for you to complete before your license is reinstated. If your license is revoked, you are not allowed to practice pharmacy again. However, you can apply for a new license after two years have passed.
In addition to these formal sanctions, you may also have the following requirements:
- Obtaining professional training and passing an examination to complete the training
- Submitting to a complete diagnostic examination by one or more physicians
- Limiting the extent, scope, and type of practice you can do
Will Telling the Truth Be a Strong Enough Defense?
We've defended pharmacists who did nothing wrong and believed that merely presenting the truth—that their actions did not warrant disciplinary measures—would suffice as a defense. Thankfully, these pharmacists chose to seek legal assistance from our attorneys rather than trust that their regulatory boards would treat their cases fairly.
The reality is that facts alone do not always sway the outcome of disciplinary proceedings involving licensed professionals. Pharmacy boards can make errors and sometimes hand down rulings that are unjust or do not reflect the true situation because of:
- Incomplete investigations that miss crucial facts, testimonies, and evidence that could change the outcome.
- Biases either in favor of the complainant (accusing party) or against the defendant (the accused).
- Ignoring important evidence or testimonies, especially those that might clear the accused.
- Failure to reach an equitable decision after reviewing all the evidence.
Pharmacy boards have issued discipline to pharmacists who were wrongfully accused or who might have deserved less severe sanctions. It's essential not to assume that the results of disciplinary proceedings will work out in your favor. Working with an attorney from our team ensures that all pertinent facts and evidence are thoroughly presented, maximizing the chances for a favorable result.
Grounds for Sanctions Against Pharmacists in Nebraska
Your pharmacy license can be denied, refused renewal, or other disciplinary actions can be taken against it if you're found responsible for violating the Nebraska Uniform Credentialing Act. Some of the violations that can lead to discipline include:
- Misrepresentation of material facts when trying to get your license
- Immoral or dishonorable conduct
- Abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance
- Failing to comply with a treatment or aftercare program ordered by the board concerning your license
- Misdemeanor or felony conviction of Nebraska or federal law
- Convictions of crimes in other states that would constitute misdemeanors or felonies in Nebraska
- Practicing the profession fraudulently, beyond the authorized scope, or with gross incompetence or negligence
- Practicing pharmacy when you're impaired by alcohol, controlled substances, drugs, mind-altering substances, physical disability, mental disability, or emotional disability
- Physical or mental incapacity to practice the profession
- Having your pharmacy license denied in another state for a violation similar to those listed in the Uniform Credentialing Act
- Using untruthful, deceptive, or misleading statements in advertising
- Distributing of intoxicating liquors, controlled substances, or drugs for non-lawful purposes
- Violating the Uniform Controlled Substances Act
- Failing to pay an administrative penalty
- Unprofessional conduct
The Adjudication Process for the Nebraska Board of Pharmacy
The Board of Pharmacy adjudication process starts when DHHS receives a complaint about a licensed pharmacist. It investigates every complaint and may hold a hearing. After the hearing, you may have the chance to appeal the decision.
Investigation
Before the DHHS can investigate a formal complaint against a pharmacist, it must determine that it has the legal jurisdiction to investigate. It also considers:
- If the complaint was made in good faith
- If the complaint was delayed too long to justify an investigation
- If the complainant (the person who filed the complaint) is willing to testify as a witness
- If the information in the complaint is enough to warrant discipline
At this stage, you may be notified by DHHS if there's a complaint against you. However, the Department isn't obligated to tell you. If an investigation is necessary, a DHHS investigator conducts it and sends a report to the Attorney General's office. If there is clear and convincing evidence of a violation, the Attorney General can file a petition with the Board of Pharmacy asking for discipline.
The Attorney General can also offer a voluntary surrender of your license, and you can ask for one as well. If you decide not to do a voluntary surrender, the next step is a hearing.
Hearing
You must receive at least ten days' notice for the hearing. If you don't show up to the hearing, you can have your license revoked or suspended anyway. It's crucial that you show up to the hearing so you have the chance to state your case and defend yourself. At the hearing, you are allowed to have legal counsel represent you as well.
Appeals
If you don't agree with the decision that comes out of the hearing, you can appeal. You will have to file for judicial review in the county where you practice pharmacy (or were accused of a violation). You must submit this appeal within 30 days of the hearing decision. Keep in mind that filing this appeal does not stay the decision that came out of the hearing—so if you were given disciplinary sanctions, those sanctions may still take effect while the judicial review is ongoing.
The adjudication process for pharmacist license complaints in Nebraska can be overwhelming, especially if you've never gone through it before. Our team can help you at each step of the way, providing guidance and support.
You Can Rely on Our Professional License Defense Team
Facing professional sanctions rather than criminal charges might make you wonder if you need a lawyer. However, these sanctions can significantly impact both your career and personal life. You should hire the Lento Law Firm for these crucial reasons:
- Stringent sanctioning criteria for pharmacists: You'll need to counter allegations in a system that may not presume your innocence. Crafting an effective defense is essential, and our team is ready to develop this strategy on your behalf.
- Resources of the Nebraska Board of Pharmacy: Contesting a complaint involves going up against the substantial resources of a state agency. You need a law firm that is equally capable of managing and defending your case.
- Navigating unfamiliar legal processes: For many pharmacists, the disciplinary process is unfamiliar territory. Our experienced team will guide you through each step, ensuring you understand and are prepared for what's ahead.
- Proven track record: Our history of defending pharmacists should reassure you of our commitment. We are dedicated to achieving a positive resolution for your case.
As you face the potential revocation or suspension of your license, our team will lead your defense, allowing you to focus on your personal and professional life without the extra stress.
Our Resources Are at Your Disposal
Our team's goal is to exonerate you and prevent sanctions. If you do end up getting sanctions, we'll concentrate on minimizing their impact as much as possible. To achieve these goals, our firm uses the following strategies:
- Tailoring the best possible resolution: Whether you're unjustly accused or facing consequences from a momentary lapse in judgment during a stressful period, we will tailor our strategy to address these specifics and achieve the most favorable outcome for your situation.
- Gathering crucial evidence and testimonies: We conduct thorough investigations into your case, prioritizing direct evidence and testimonies over hearsay. Verifying the authenticity of all evidence and accounts is crucial, and our approach is comprehensive.
- Seeking settlements outside conventional legal routes: Our team will engage in negotiations with Offices of General Counsel (OGCs) that have the authority to settle your case, aiming for quick and advantageous resolutions through direct negotiations.
- Guiding you through the adjudication process: If your case goes the route of formal adjudication, we are fully prepared to assist you throughout meetings, represent you at hearings, and manage any necessary appeals.
- Exploring all legal options: We are committed to exploring every legal possibility to protect your pharmacist's license, including strategies beyond standard appeals. We tailor our recommendations to best fit your circumstances.
With extensive experience in dealing with professional licensing boards and their legal teams nationwide, our firm is dedicated to securing the best possible outcome for your case based on your unique circumstances.
Our Professional License Defense Team Helps Nebraska Pharmacists
Our team can help you with your pharmacist licensing issue no matter where you're located in Nebraska. We can serve pharmacists in the following cities:
- Omaha
- Lincoln
- Grand Island
- Kearney
- Fremont
- North Platte
- Columbus
- Papillion
- La Vista
- Scottsbluff
Even if you don't see your city or town listed, reach out to our team so we can discuss how to defend your pharmacist's license in Nebraska.
The Lento Law Firm Can Defend Your Pharmacist's License
Protecting your license should be a priority, and our team is prepared to begin working on your case immediately. We'll take full advantage of every moment available before any interviews, hearings, appeals, or legal proceedings commence.
Reach out to the Lento Law Firm at 888-535-3686 to discuss how we can protect your pharmacy license in Nebraska. You can also submit your case details via our online form, and a member of our team will reach out to you.
