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Pharmacy Board Overreach? Kentucky AG Says Not So Fast

Posted by Joseph D. Lento | Jan 26, 2025 | 0 Comments

In November, Kentucky's Attorney General ruled that the Kentucky Board of Pharmacy overstepped its authority by proposing a regulation requiring nonresident pharmacists to get Kentucky licensure to fill prescriptions for state residents. The AG clarified that the board can only require licensure for pharmacists-in-charge, as specified in KRS Chapter 315. This decision put the board in check and reinforces the concept that regulatory boards must stay within the limits of their legal authority.

The ruling highlights the issue of mission creep, where boards exceed their intended purpose. Such overreach can create unnecessary hurdles for professionals and restrict access to services, as demonstrated in this case. If you feel your licensing board has overstepped its authority, you're not alone. Regulatory boards are tasked with protecting the public, but sometimes, their actions go beyond their legal boundaries, imposing unfair requirements or penalties on professionals. When boards reach beyond their strict mandates, professionals can find themselves in the crosshairs.

If you're facing unwarranted actions from your licensing board, it's important to act quickly. The Lento Law Firm defends professionals against regulatory overreach, ensuring that boards are held accountable to the limits of their authority. Get in touch today by dialing 888.535.3686 or filling out our contact form.

Mission Creep: When Boards Go Too Far

Mission creep often arises when regulatory boards, in the name of protecting the public, impose requirements that exceed their statutory authority. These actions can create undue stress, financial burdens, and career hurdles for licensed professionals. In Kentucky's case, the proposed rule could have forced nonresident pharmacists to navigate redundant licensing processes, potentially disrupting patient care and creating a precedent for other boards to follow suit.

Beyond the immediate impact, unchecked mission creep can have a chilling effect across industries, deterring qualified professionals from entering or continuing in their fields. This not only harms individual careers but can also reduce access to vital services for the public. Boards wield significant power, but that power must be balanced with fairness, transparency, and adherence to legislative intent.

When boards overreach, professionals are left vulnerable to arbitrary enforcement and unjust penalties. This is where legal advocacy becomes crucial. Having experienced representation can make all the difference in challenging board decisions, ensuring your rights are protected, and preventing further overreach. It's about holding boards accountable while safeguarding your professional future.

Get Help From Our Professional License Defense Team

If your professional board is acting beyond its scope, we are here to defend your rights and livelihood. With experience challenging regulatory overreach, our Professional License Defense Team can evaluate your case, push back against unjust actions, and hold boards accountable to the limits of their authority. Whether it's advocating for you during disciplinary hearings or contesting inappropriate regulations, our team is prepared to protect your professional future.

Regulatory boards have an important role in safeguarding public interests, but that role must stay within the boundaries of the law. If you're facing unwarranted actions from your board, don't face it alone—reach out to us for guidance and a robust defense. Call 888.535.3686 or fill out our contact form to get started.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento has unparalleled experience fighting for the futures of his professional clients nationwide. With unparalleled experience occupying several roles in the justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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