Pharmacists complete years of schooling and real-world training to reach the pinnacle of their careers, and yet a single allegation of wrongdoing can jeopardize their license in an instant. It’s not fair, but that’s the way it is, and the LLF National Law Firm fights to ensure that such unfair circumstances do not affect our clients.
Whether you work in Chesapeake, Virginia Beach, or another locale in Virginia or North Carolina, the Virginia Board of Pharmacy (VBoP) or the North Carolina Board of Pharmacy (NCBOP) may hold ultimate power over your ability to practice. This means one of these boards has the capacity to strip you of your earning power, good standing in the world of pharmacy, and the potential for advancement that you currently have.
The LLF National Law Firm’s Professional License Defense Team fights for professionals who find themselves in unanticipated disciplinary circumstances. Dealing with boards of pharmacy can be more challenging than navigating I-64 at rush hour, and our experience helping other pharmacists will prove priceless.
Call the Professional License Defense Team today at 888.535.3686 or contact us online. Let’s discuss how our team can ease your mind, devise a personalized plan to preserve your license, and immediately begin fighting for your reputation and career.
Regulatory Boards in Virginia and North Carolina Hold Immense Power Over Pharmacists
Chapter 33 of Title 54.1 of the Code of Virginia contains the rules and procedures by which the Virginia Board of Pharmacy oversees and regulates pharmacists who practice in the state. This code grants the Board the authority to “license and regulate practitioners,” and the North Carolina Board of Pharmacy has the same authority to issue, deny, and revoke licenses for pharmacists throughout the state.
While these regulatory boards have the authority to take action that might threaten your career, livelihood, and well-being, you should also know that these boards of pharmacy:
- Do not always take the time to get to know the pharmacist in question: Boards of pharmacy are busy, in part because they may process numerous disciplinary cases in a short period of time. Though these boards should take the time to understand a pharmacist’s moral code, personal and professional background, and current circumstances before rendering any consequential decisions, this due diligence does not typically happen.
- Can be quick to take punitive action: Whether because the board is looking to clear disciplinary cases as quickly as possible, it predetermines your guilt, or it has other reasons to resolve your case quickly (rather than taking the time necessary to adjudicate it fairly), the pharmacy board may impose discipline before you have time to process what is going on. The team insists that pharmacy boards, including the NCBOP and VBoP, grant our clients the due process they deserve.
- Often prioritize the collective over the individual: If a pharmacy board believes that failing to sanction a pharmacist could make the board look poorly, it may not hesitate to sanction that pharmacist. This may be true even if the evidence suggests the pharmacist is not responsible for what they’ve been accused of—perception may be the board’s foremost concern, and that’s not justice.
- Are bound by the formal procedures detailed in Virginia and North Carolina law: Whether a pharmacist practices at a CVS in Currituck, a Walgreens in Norfolk, a mom-and-pop pharmacy in Newport News, or elsewhere, they are beholden to the rules and procedures enshrined in their state’s law. Fortunately for pharmacists, regulatory bodies are required to follow these rules and procedures, too. This means that, even if the pharmacy board does not give you a fair shake, you still have inalienable rights, including the right to file an appeal.
- Can be swayed by an effective defense: With all this being said about how boards of pharmacy can act hastily, violate due process, and get it wrong, we must note that an effective defense is the only way to insulate yourself from the board’s shortcomings. We provide that defense.
In our experience, no matter how reputable your employer is, how sterling your professional record is, or how flimsy the evidence against you is, there is a chance that the pharmacy board will impose serious sanctions against you. You must make your defense your top priority, and that means retaining the LLF National Law Firm’s Professional License Defense Team as your aggressive advocates.
How Any Professional Sanction Can Affect a Pharmacist in the Chesapeake Area
The way pharmacists come to face professional sanctions is never identical. You might be decades into a career with a well-known provider like Sentara Pharmacy and Infusion Services, or you might have recently earned your Doctor of Pharmacy (PharmD), only to quickly run into a daunting professional hurdle.
While your unique personal and professional circumstances can affect the fallout from any sanctions you might face, we know that a pharmacist of any age can suffer severe harm from:
- A formal reprimand
- A fine
- Professional probation
- Suspension of their license
- Revocation of their license
- Any other sanction that the NCBOP or VBoP has the authority to hand down
If you are sanctioned in any way, you might reasonably expect to lose your job. Whether you work for a national chain like Walgreens or a more regional provider like Chesapeake Rx, your employer might have grounds to terminate you as soon as sanctions become official.
Losing your job is just one of the many consequences that may follow professional sanctions, and others may include:
- Extreme financial hardship, as most pharmacists are not prepared to lose their job, potentially lose their right to practice (possibly indefinitely or permanently), and go without the income they rely upon
- Severe stress, as the psychological and emotional effects of a career going from cruise-control to at-risk can be devastating, as can the financial impacts of professional sanctions
- A drastic downturn in your professional prospects, as even if you are able to continue working, or return to work in the future, prospective employers may be wary of hiring or promoting you because of your disciplinary history
These kinds of challenges can diminish your quality of life, as you may be unable to avoid daily reminders of how professional sanctions have harmed you. We want to spare you from these and the other adverse effects that professional discipline can cause.
A Mere Accusation of Wrongdoing Can Jeopardize Your License to Practice Pharmacy
No matter how well you perform in school or how ethical you are as a person, the realities of practicing pharmacy are nuanced, fast-changing, and fraught with peril. Your career may be jeopardized by a mere allegation of:
- Practicing without a valid license
- Fraud in the acquisition or maintenance of a pharmacist’s license
- Conducting pharmacist activities beyond what your license allows
- Dispensing medication in a dangerous or unauthorized manner
- Being intoxicated or otherwise impaired while on the job
- Criminal behavior (a felony conviction can be grounds for immediate suspension of your pharmacist license, but even lesser charges or convictions could lead to professional sanctions)
- Theft of medication
- Committing HIPAA violation(s)
- Failing to maintain a safe practice
Sometimes, such accusations arise from misunderstandings. In other cases, inter-office politics and other interpersonal disputes prompt bitter individuals to file false allegations against pharmacists, often because they don’t understand the true weight of the actions. And, sometimes, pharmacists simply make mistakes.
The Professional License Defense Team does not judge. We fight. Pharmacists come to us when they recognize the gravity of professional sanctions, the time-consuming nature of the disciplinary process, and the limitations that prevent them from putting forth an effective professional defense on their own.
A Chesapeake Pharmacist License Defense Attorney from Our Team Will Advocate for You at Every Turn
The Virginia Department of Health Professions (DHP) and its equivalent body in North Carolina will dictate the procedures that unfold if you’re formally accused of wrongdoing. A big-picture view of the DHP’s adjudication process includes:
DHP Officials Review the Complaint
The DHP’s Complaint Intake Unit evaluates the merits of the complaint. If it believes that the pharmacist may have violated either pharmacy regulations or the law, the DHP will likely proceed.
If a Violation “May Have Occurred,” an Investigation Takes Place
The next step in the VBoP’s disciplinary process is an investigation. The DHP’s investigator generally:
- Interviews witnesses
- Secures relevant documents
- Speaking with the complainant and the pharmacist who is being investigated
The Board prioritizes its investigations based on the cases it believes pose the greatest risk to the public. For instance, if a pharmacist is accused of dispensing drugs in a dangerous manner, that investigation may take place before a case involving less serious allegations.
The Pharmacy Board Determines If There Is Probable Cause to Go Further
Upon reviewing the investigator’s findings and any other relevant information, the board of pharmacy must determine whether to issue charges against the pharmacist. Its method for pursuing charges must be “fair, unbiased, and in compliance with law,” according to the DHP.
The Board Considers a Consent Order
Before any hearing happens, you may have the opportunity to accept a deal from the VBoP (or the North Carolina equivalent, if that’s where you practice).
It’s important to know that:
- Consent orders generally require the pharmacist to admit fault for some type of wrongdoing
- In exchange for accepting responsibility, the pharmacist will know the exact penalties they may face (and those penalties might be less severe than those they might have faced if they had gone to a hearing)
- Accepting a consent order is not always the right option, and the deal is not always fair, so you should consult the Professional License Defense Team before ever accepting such a deal
Many cases of professional discipline are resolved through consent orders. Virginia also employs Confidential Consent Agreements (CCAs), which are not generally considered disciplinary and could be a favorable outcome for many pharmacists.
Informal Conferences
The VBoP generally conducts informal conferences, which are ostensibly fact-finding meetings. You may be asked questions, which is why it’s a good idea to speak with our team before participating in any informal conference.
The VBoP may not find sufficient grounds to move forward with discipline after the informal conference. In such a case, you might receive an advisory letter informing you that the matter is closed and you will not face any discipline.
A Hearing Happens
If the pharmacy board moves forward with the disciplinary process, a hearing is likely the next step. Our attorneys’ role becomes even more prominent when hearings happen, as these are high-stakes proceedings that we must prepare you for.
If the Board issues an unfavorable decision, we have the right to a judicial review. If we need to appeal to the circuit court, we will do so as soon as possible after receiving the unfavorable ruling from the board.
What Is the Goal When a Pharmacist in the Chesapeake Area Hires the LLF National Law Firm?
Our goal differs in each case we handle, as each pharmacist we represent is unique. Regardless of whether we are handling a serious allegation of gross misconduct for a pharmacist in Portsmouth or a relatively minor allegation for another practitioner in Newport News, our sole mission is to achieve the best possible outcome for the client.
Our Professional License Defense Team is ready to serve you by:
- Listening to your account of how you ended up in the difficult professional circumstances you are in
- Learning about your disciplinary history, which may be relevant to your current defense
- Explaining what we believe is the best-case outcome for your defense efforts
- Representing you in proceedings with the pharmacy board overseeing your case
Our clients are impeccably prepared for interviews, hearings, and all other aspects of the disciplinary process. We never hesitate to negotiate with pharmacy boards, file appeals, or take other bold actions that can lead to a client-friendly resolution.
Call the LLF National Law Firm’s Professional License Defense Team today at 888.535.3686 or contact us online. Your pharmacist’s license is worth fighting for, and we are the exact team you want fighting for it.