Pharmacists are regulated and examined by state pharmacist licensing boards. For the Memphis area, this includes the states of Arkansas, Mississippi, and Tennessee. As a licensed pharmacist, you are entitled, due to your hard work and expertise, to work as a licensed professional. Your license grants you professional income, security, and standing. However, state pharmacist boards are granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules.
The LLF National Law Firm and its Professional License Defense Team have many years of experience defending pharmacists against allegations of misconduct. We are available to help throughout the Memphis Metropolitan area and can represent you before the pharmacist licensing boards in Arkansas, Mississippi, and/or Tennessee.
Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.
The Authority of Pharmacist Licensing Boards in the Memphis Metropolitan Area
The state pharmacy board under which pharmacists who work in the Memphis Metropolitan area are regulated depends on the state in which they are located. Pharmacists located in Arkansas are regulated by the Arkansas State Board of Pharmacy, which was established by Title 17 of the Arkansas Code. For Mississippi, pharmacists are regulated by the Mississippi Board of Pharmacy, and Tennessee pharmacists are regulated by the Tennessee Board of Pharmacy.
In each case, the pharmacy boards regulate pharmacists practicing in their respective states. Pharmacists working in the Memphis Metropolitan Area must be regulated by one or more of these boards, depending on where they are located. In each state, it is illegal to practice as a pharmacist without a license. Practicing as a pharmacist typically includes:
- The compounding, dispensing, and labeling of drugs or devices
- Proper and safe storage of drugs and medical devices
- Interpreting and evaluating prescriptions
- Administering and distributing drugs and devices
- Maintaining prescription drug records
- Advising and consulting concerning therapeutic values, content, hazards, and uses of drugs and devices
- Initiating or modifying drug therapy in accordance with written guidelines or protocols previously established and approved by the relevant board of pharmacy
- Selecting drugs
- Participating in drug utilization reviews
- Storing prescription drugs and devices;
- Ordering lab work
- Providing pharmacotherapeutic consultations; supervising supportive personnel and such other acts, services, operations, or transactions necessary or incidental to practicing as a pharmacist.
In addition to each board’s role in licensing professionals and setting standards for continuing education, each board is also in charge of disciplining professionals who violate state laws, rules, and regulations related to their license.
Under relevant state law, pharmacy boards generally have broad authority to suspend or even revoke the license of a pharmacist. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant state rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the state board of pharmacy. Let the Professional License Defense Team assist you so that you can preserve your license and continue your valuable practice.
Conduct That is Prohibited by Pharmacists Under State Laws
Each of the states of Arkansas, Mississippi, and Tennessee within the Memphis Metropolitan area has its own specific laws, rules, and regulations that govern the practice of being a pharmacist. Generally speaking, these are designed to ensure that pharmacists conduct their practice with a high degree of ethical and moral integrity. A violation of any of these rules and regulations can result in punishment, including the loss of your license for the most serious infractions. Below is a general summary of actions, the violation of which is most likely to result in serious discipline by the state boards of pharmacy.
- The person is guilty of fraud, deceit, or misrepresentation in the practice of pharmacy
- The person is unfit or incompetent to practice pharmacy by reason of negligent performance of his or her duties
- The person has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of what state it occurred in, of:
- Any felony
- Any act involving gross immorality or which is related to the qualifications, functions, and duties of a licensee
- Any violation of the pharmacy or drug laws or rules of this state, or of the pharmacy or drug statutes, rules, and regulations of any other state or of the United States Government
- The person has become physically or mentally incompetent to practice pharmacy to such an extent as to endanger the public
- The person has directly or indirectly aided or abetted the practice of pharmacy by a person not authorized to practice pharmacy by the board
- The person has been guilty of fraud or misrepresentation in obtaining a license to practice pharmacy as a licensed pharmacist
- The person has been guilty of unprofessional or dishonorable conduct
- The person has willfully violated any of the provisions of state pharmacy laws
- The person is addicted to the use of intoxicating liquors or drugs to such a degree as to render him or her unfit, in the opinion of the board, to manufacture, compound, sell, or dispense drugs or medicine
- The person knowingly adulterated or caused to be adulterated any drugs, chemicals, or medical preparations and offered those preparations for sale;
- The person had his or her certificate of licensure, license, registration, or permit revoked, suspended, or had other disciplinary action taken, or had his or her application for a certificate of licensure, license, registration, or permit refused, revoked, or suspended, in any other state.
Procedural Rules Governing Allegations of Misconduct in the Memphis Metropolitan Area
Each of Arkansas, Mississippi, and Tennessee has implemented procedures for complaints lodged against licensed pharmacists. Each state also maintains an online complaint form through which members of the public can report an unethical action or rule violation by the pharmacist. The complaint must name the pharmacist and contain a brief description of the facts and circumstances of the alleged misconduct.
Each state also has specific rules that govern the procedures for the handling of complaints made against licensed pharmacists. The following is a brief general discussion of what to expect in any disciplinary hearing. Please refer to your state’s rules for specific information, or contact the Professional Defense Team to speak to one of our professionals.
Upon receiving a complaint, the board will typically open a file and may also ask the person filing the complaint for more information about the alleged misconduct. Typically, the board will be required to send a copy of the complaint and any supporting documentation to the licensed pharmacist. The licensed pharmacist may then have a specified period of time to submit a written response or waive the right to do so.
If you receive a notice of a complaint filed against you, you have the absolute right to contact an attorney and obtain legal representation at that time. Often, engaging an attorney in the early stages of the process can have a positive effect on the outcome.
The board may then make a determination as to whether the complaint has merit, and it may authorize an investigation and may assign the complaint to a separate ethics investigator or investigatory body. The investigator will typically have the right to conduct interviews of the complaining person, any witnesses, and the licensed pharmacist.
If a complaint is filed against you and you are asked to be interviewed by an investigator, it is crucial to speak with an attorney as soon as possible. Even if you believe that there is no basis for the complaint, you do not want to make a statement that could be used against you at a later date.
Hearings in Front of a Board of Pharmacy
If a pharmacist’s license is proposed to be suspended or revoked, or the licensed pharmacist receives another form of discipline, he or she may request a hearing. Prior to the hearing, the board of pharmacy may require that the pharmacist attend a pre-hearing conference in order to attempt to settle any contested issues. Having legal representation at any meeting is of utmost importance.
The hearing will typically be conducted before the board of pharmacy or a subcommittee of the board. The licensed pharmacist has the right to be represented by an attorney of his or her choosing at the hearing. The hearing is not considered a civil or criminal “trial,” although the hearing will be recorded or transcribed, and certain rules of evidence and other legal rules will be followed.
Why You Should Hire a Lawyer
Although you have the absolute right to defend yourself in any proceeding before the board of pharmacy, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without a qualified attorney by your side. Even if your license is not revoked or suspended, if you are employed by a chain pharmacy such as CVS or Walgreens, your job may be in jeopardy.
Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the licensing board only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the board of pharmacy cannot use the fact that you hired an attorney against you. In many cases, hiring an attorney is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the pharmacy board being open to an amicable settlement on terms that fall short of severe discipline.
How We Can Help
The Professional License Defense Team is ready and able to defend you against any kind of professional misconduct allegation. We have worked with pharmacists nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.
When you retain our team, we will:
- Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you
- Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you
- Represent you during the investigatory process with the goal of having the complaint dismissed
- If an adverse report is issued, negotiate with the board of pharmacy in order to have the penalties mitigated
- Fully defend you before the board in any hearing, including calling and examining witnesses and presenting beneficial documents on your behalf
Your license is too valuable to try to defend yourself on your own. The board of pharmacy will have a team of professionals on its side. You need a strong team on your side as well. Our Professional License Defense Team has the experience and toughness you need. Call the LLF National Law Firm today at 888-535-3686 or fill out our confidential contact form.