Charlotte, North Carolina, is a thriving metropolis with numerous stable employment opportunities for pharmacists. Concord and other towns in the Charlotte metro area also have much to offer the pharmacist profession if you'd rather not live in or commute to the city. Because Charlotte is so close to the South Carolina border, you also have the option to work in Baxter Village, Rock Hill, and other South Carolina towns in the Charlotte metro area.
The North Carolina Board of Pharmacy (NCBOP) issues and governs your pharmacist license. Without it, you won't be able to work in the state, and you will be unable to prove to customers, employers, and the community that you serve that you are qualified to dispense medications and advice on how to take them safely.
If you are a pharmacist in the Charlotte metro area of the Carolinas, and your pharmacist license is at risk, you don't want to handle license defense on your own. It is a complex process, and you risk suspension, probation, or complete loss of your pharmacist license that you worked incredibly hard to obtain. You may also face harm to your reputation and difficulty obtaining future employment.
Fortunately, pharmacists in North Carolina are permitted under state law to have legal representation before the NCBOP if your license comes into question. The Lento Law Firm's Professional License Defense Team is experienced in the nuances of negotiating with licensing boards for healthcare professionals nationwide. Call us at 888-535-3686 or fill out our online intake form to tell us about your case.
Threats to Your Pharmacist License in the Charlotte Area
As a pharmacist, patients and providers trust your judgment with a wide range of substances that can be deadly if dispensed incorrectly. Subsequently, pharmacists are held to high standards for public safety. Laws that determine what you may put on prescription labels and how you can counsel patients are designed to protect the public, but avoiding mistakes can be difficult in the stressful work environments in which many pharmacists are subject.
Pharmacists in the Charlotte area also must abide by a plethora of laws, practice standards, and rules ranging from NCBOP guidelines to professional society ethics codes, such as the American Society of Health System Pharmacists (ASHP). It would be impossible to list every single regulation that Charlotte and Concord area pharmacists must adhere to, but these are the most common threats to your pharmacist license:
- Drug Diversion and Mishandling: Pharmacists can be charged with drug diversion and mishandling for dispensing medication incorrectly, or diverting drugs to a personal hoard. These violations cover a large swath of charges ranging from adulterating prescriptions to pilfering controlled substances.
- Patient Privacy Violations: Pharmacists handle sensitive information about patients even more frequently than medicines and drugs. Disciplinary action may be waiting if you inadvertently violate a federal or state patient privacy law if their medical and personal identity information is compromised. Even if you had no way to prevent a data breach, pharmacists can be held liable if patients' information is stolen in one.
- Fraud: Pharmacists are always at risk for fraud allegations. Even if you serve your community with integrity, physicians and pharmaceutical companies may offer you kickbacks. If you also practice in South Carolina, you may be prosecuted for fraud if you display the wrong credentials for the wrong state.
- Gross Negligence and Incompetence: If you dispense the wrong medications or make a mistake with labeling or counseling a patient, you may be at risk of gross negligence charges.
- Criminal Convictions: NCBOP tends to look down upon pharmacists with charges related to pharmacy practice. If you have a criminal record, the board or employers may also question your competency.
- Administrative Challenges: Pharmacists must receive a certain number of continuing education hours annually to maintain their licenses. If your hours were insufficient or you forgot the paperwork to prove you met your continuing education requirements for the year, your license can be at risk.
Pharmacist boards do not want to come across as too lenient. Subsequently, they may take disproportionately harsh actions. Even if you admit guilt, the Lento Law Firm Professional License Defense Team will advocate for fair treatment and more proportionate disciplinary action from the NCBOP.
The Disciplinary Process for Pharmacists in Charlotte and Concord
If you are facing allegations of misconduct, professional licensure discipline requires additional nuance that is very different from defense in a courtroom. However, an aspect in which NCBOP and other pharmacist boards have similarity to a courtroom is that you are allowed to have legal representation. You do not want to represent yourself before the NCBOP, as you risk sanctions or even loss of your license.
You have due process protections that the Lento Law Firm's Professional License Defense Team can help you use to your best advantage, in addition to making sense of the rules and regulations surrounding pharmacy practice in the Charlotte area.
If you are subject to a disciplinary investigation by the NCBOP, this is the process that they typically follow:
Complaints: The disciplinary process begins with a party filing a complaint against you. The NCBOP even has an easily accessible complaint submission form on their homepage.
You may face complaints from:
- Customers
- Coworkers
- Supervisors
- Employees under your supervision
- Insurance companies
- Physicians
- The board itself, if misconduct is suspected during a routine inspection
NCBOP has no obligations to inform you that a complaint was made, and there is no public record of complaints. However, if you suspect a complaint was filed, you should contact the Lento Law Firm immediately. When we can strategize your defense early in the process, we can help you more effectively, such as getting your complaint dismissed before it turns into an investigation.
Investigation: NCBOP's executive director is responsible for conducting investigations if you are accused of misconduct, per North Carolina state law. Similarly to complaints, NCBOP is not obligated to tell you what actions they take. If you are under investigation, however, you will need to provide a statement telling your side of the story.
Unlike the judicial system, your innocence is not presumed until proven guilty, even if an investigation could prove otherwise. This is why it is crucial to have the Lento Law Firm Professional License Defense Team help you prepare your response to NCBOP investigations and accompany you to investigative meetings. We can ensure that you are afforded the right to have evidence reviewed and be informed of the investigation's progress and findings.
Hearing: If NCBOP has reason to believe that the investigation points to misconduct, you may be summoned to an agency hearing.
NCBOP has subpoena powers similar to criminal courts, and similarly to criminal cases, there is discovery and deposition. You can introduce evidence, make opening and closing statements, and examine and cross-examine witnesses. You also have the right to an attorney, and the Lento Law Firm Professional License Defense Team can provide comprehensive representation at every step of the disciplinary process
However, there are several key differences between a criminal trial and an agency hearing:
- You will not face a trial judge, but NCBOP itself. The board controls every aspect of the hearing. You may face the entire NCBOP or have one decision-maker represent them.
- NCBOP may make exceptions to the rules of evidence, as the environment is not as rigid as a criminal court.
- Your innocence is not presumed.
- Your case is not decided “beyond a reasonable doubt”, but with a lesser standard called “preponderance of the evidence.” Under this standard, you are guilty if the decision-makers are more than fifty percent convinced of your guilt.
These complexities are why it is best not to represent yourself if your pharmacist license is at risk. You need experienced legal defense that is familiar with both North Carolina's Administrative Procedures Act and the nuances of agency hearings.
Potential Hearing Outcomes
If the NCBOP finds you responsible for misconduct after your hearing, they may take one of the following disciplinary actions:
- Letter of reprimand
- License restriction
- License suspension
- License revocation
- Refusal to grant or renew a license
- Assignment of remedial education
If you disagree with this outcome, you have the right to request a judicial review of your case before a North Carolina Superior Court Judge. The Lento Law Firm Professional License Defense Team can provide additional advice after your hearing on how to best handle the situation, draft any necessary documents, and continue our comprehensive representation before a judge if you decide to go this route.
How We Can Protect Your Pharmacist License
The state of North Carolina gives healthcare professionals like you the right to legal representation at agency hearings because they are daunting and complex.
Pharmacist license defense is a serious matter. Your license proves your expertise and years of hard work, and grants the ability to make a living. Even if you can retain your license, a reprimand on your licensure record can make it difficult to change employers or attract customers if you work independently.
NCBOP and other regulatory agencies are complex and difficult to navigate. An experienced attorney who is familiar with disciplinary processes and appeals will be your advocate, help you understand every step of the process, and what you are up against.
Additionally, NCBOP is a neutral agency that is usually in a professional context. They represent your profession in the state-level legislative process and provide other forms of advocacy for pharmacists, like approved lists of continuing education providers. But in the disciplinary context, they are not on your side. NCBOP reads the complaint and decides if it should move forward into an investigation, followed by a full-blown hearing in which they judge. The Lento Law Firm Professional License Defense Team will look out for your best interests in this situation, as we are familiar with both the North Carolina professional licensing system and judicial hearings, so we can provide comprehensive representation every step of the way.
Pharmacist License Defense in the Charlotte Metro Area
If you are a pharmacist in the Charlotte metro area facing threats to your pharmacist license, you need to line up professional license defense right away, not a criminal defense attorney. The Lento Law Firm's Professional License Defense Team can best prepare your defense the earlier that you contact us, in order to increase the likelihood of a favorable outcome that will not jeopardize your career's future after you worked so hard for it. Call the Lento Law Firm today at 888-535-3686 or reach out via our online contact form.
