As part of their daily responsibilities, pharmacists can help people heal, manage conditions, and prevent infection and illness. The work they do requires a level of trust from the public. To help maintain this trust, state pharmacy boards set high ethical and professional standards.
When a pharmacist makes a mistake, the potential fallout can be serious. It not only risks individuals' health and well-being, but it may also undermine public trust in the profession. Unethical and unprofessional behavior can also reflect poorly on the profession as a whole and negatively affect other pharmacists.
Given the high stakes, state boards having severe disciplinary consequences for pharmacists who fail to follow laws and policies makes sense. No one should hesitate to take a prescribed antibiotic or other prescription because they don't trust their pharmacist.
Unfortunately, these policies and laws can sometimes be used overly severely or in a way that punishes pharmacists without protecting the public. Complaints may be filed to punish or harass a pharmacist, and investigations may not always be sufficiently comprehensive.
The Philadelphia area covers multiple states and a variety of communities. Whether a pharmacist works in the seaside villages in Cape May, the rural beauty of Berks County, the suburbs of DelCo, or Philly's Center City, all of them must follow the same ethical and professional standards.
This also means that all pharmacists face the same stiff penalties if accused of misconduct. Pennsylvania, New Jersey, Delaware, and Maryland all place high expectations on pharmacists' conduct and behavior, up to and including significant disciplinary action if an investigation finds evidence of misconduct.
The Professional License Defense Team at the LLF Law Firm works with pharmacists in Delaware Valley. We provide the knowledge and support pharmacists need to protect their careers, reputations, and futures from misconduct allegations.
You've put in years of work to become a pharmacist and build a career. Call us at 888-535-3686 or fill out our online form.
Getting Help in the Philadelphia Area
The Professional License Defense Team at the LLF Law Firm has an office in Mount Laurel. Beyond the Philly area, we also have regional offices in other parts of Pennsylvania and New Jersey. We know this part of the country well, and we combine our legal knowledge with our familiarity with the Delaware Valley and the Northeast.
Our team assists pharmacists who work for a wide range of employers, such as:
- Nationwide and regional chains such as CVS, Rite Aid, and Target
- Government agencies such as Veterans Affairs and county departments
- Large hospitals and healthcare companies such as Temple, Children's Hospital of Philadelphia (CHOP), and Pennsylvania Hospital (Penn)
- Small pharmacies
State Boards in Delaware Valley
Depending on where a pharmacist works, they will be licensed by one of the following pharmacy boards:
- Delaware Board of Pharmacy
- Maryland Board of Pharmacy
- Pennsylvania State Board of Pharmacy
- New Jersey Board of Pharmacy
Each state board sets its policies and regulations. State boards of pharmacies tend to have similar rules and regulations, but pharmacists shouldn't assume. When uncertain of their state's laws, pharmacists should check with documents or the state board.
Different States, Different Regulations
Each state regulates professionals within its boundaries. While there's often significant overlap between state regulations, every state board has unique features.
In the Philadelphia area, pharmacists should remember that disciplinary action occurs where they're licensed and work, not where they live. For example, a pharmacist lives in Haddonfield but works in Philadelphia. If this pharmacist faces disciplinary action related to his job, it will be in Pennsylvania, where he works, and not New Jersey, where he lives.
Another pharmacist lives in Chesco but commutes into Wilmington for work. If this pharmacist faces work-related disciplinary action, it will be in Delaware and not Pennsylvania.
If a pharmacist is licensed in multiple states and faces disciplinary action in one state, the situation can become more complicated. Depending on the outcome of that disciplinary process, they may be required to report that disciplinary action to other states where they're licensed.
For example, New Jersey bars any pharmacist who has had a license suspended, revoked, or restricted by another state from practicing in the Garden State.
What is Misconduct?
In general, misconduct refers to actions or behavior that fall below the required ethical or professional standards. For pharmacists, a common example is failing to check for potential conflicts between a patient's medications.
In Pennsylvania, these are common grounds for misconduct allegations:
- Mishandling or misuse of drugs
- Violating patient privacy
- Fraud
- Gross negligence or incompetence
- A pharmacist may face disciplinary action even if their negligence doesn't result in any injuries or damage to patients
- Certain criminal convictions, either related to a pharmacist's work or crimes that involve moral turpitude
- Substance abuse
Each state may use a different definition of misconduct. Delaware's misconduct regulations include unauthorized dispensation of medication, dispensing expired medications, and providing kickbacks for patient referrals.
Disciplinary Process
In most states, the disciplinary process follows the following steps:
- Complaint
- Investigation
- Hearing
- Decision
- Appeal
States may have different steps or processes. In Maryland, pharmacists may resolve cases through alternative means. These include:
- Stipulation
- Settlement
- Consent order
- Default
- Withdrawal
- Summary disposition
- Dismissal
Complaint
Most disciplinary cases begin with a complaint. Most states allow anyone to file a complaint against a pharmacist. In some cases, individuals may be required to report suspected misconduct. Delaware has guidelines for when pharmacists have a duty to report.
Maryland has a complaint form available for download that can be mailed or emailed to the Maryland Board of Pharmacy. The New Jersey Division of Consumer Affairs handles complaints filed against professionals. New Jersey allows complaints to be filed online or by email.
The downside of the ease of filing a complaint is that the process can be abused. A dissatisfied patient, for example, may file a complaint against a pharmacist as a form of revenge. Pharmacists still have to defend against these meritless claims.
Investigation
If a Board finds possible misconduct related to a complaint, the next step is an investigation. Investigations often involve interviewing the pharmacist and other people and collecting documents and other relevant evidence.
In Pennsylvania, investigators can show up unannounced to talk with a pharmacist. No matter how kind an investigator may seem, pharmacists should decline to talk to them until they can have their attorney present.
Hearing and Decision
If an investigation finds evidence of misconduct, the next step is a hearing. Some states have alternative options.
Pennsylvania has consent agreements. A similar process is known as a consent order in New Jersey.
Similar to courtroom trials, hearings involve a neutral third party overseeing the proceedings. Both sides present their case, including introducing evidence and witnesses.
In Pennsylvania, the State Board of Pharmacy has the authority to oversee and manage hearings. In comparison, in New Jersey, the Office of Administrative Law oversees these hearings. The OAL has three offices in New Jersey, with Atlantic City being the closest for those in the Philadelphia area.
Appeals
All of the states in the Delaware Valley region allow pharmacists to appeal disciplinary decisions. How a pharmacist can appeal depends on the state.
State boards generally require that appeals are based on more than disliking a decision. An attorney can help a pharmacist find grounds for appeal, such as mistakes made during the investigation or hearing. Filing on time is also important, as not filing by the stated deadline often ends a person's ability to appeal.
The Professional License Defense Team at the LLF Law Firm helps our clients find the grounds for an appeal and makes sure that appeals are filed on time and in the right court or office.
To appeal in Maryland, individuals must petition for judicial review. In Delaware, pharmacists have 30 days to appeal to the Delaware Superior Court.
States may or may not pause disciplinary action in the case of an appeal. In Pennsylvania, when a pharmacist receives an automatic suspension, that suspension isn't paused or delayed. It goes into effect immediately, even when a case is being appealed.
Disciplinary Action
Each State Board sets its policies for how it'll discipline pharmacists. Many states have similar disciplinary options, such as suspension, but there can be variations, and the same misconduct can result in different disciplinary actions in different states.
Pennsylvania has the following types of discipline:
- Denial of license
- Public reprimand
- Mandated counseling or other treatment
- Probation
- License restrictions
- License suspension
- License revocation
Public Record
Many states also publicly post disciplinary action. This means anyone can find out about disciplinary action taken against a pharmacist.
In Delaware, anyone can access, for free, Delaware's Open Data Portal (DELPROS). DELPROS lists all disciplinary action taken against individuals who are licensed under the state's Division of Professional Regulation. To find out about pharmacists, individuals must search for ‘pharmacy' under profession.
New Jersey also publishes their disciplinary lists online. The Garden State's list dates back to 1990. Each entry includes additional information about the disciplinary action, available as a PDF.
Maryland has a list of formal disciplinary actions. Organized by pharmacists' last names, this list also includes technicians.
That disciplinary actions are public is one reason why it's important for pharmacists to hire an attorney to defend against these charges. Having this information in the public record can negatively affect a pharmacist's reputation beyond the initial disciplinary action.
The Importance of a Strong Defense
Often, when professionals face misconduct charges, they opt for the ostrich approach. If they ignore the allegations, then the allegations will go away. Or they know they're innocent or that the charges have no basis in reality, so they assume they can trust the process and everything will work out for the best.
The unfortunate truth is that the disciplinary and investigative processes are imperfect. An investigation may fail to include crucial evidence. People may fail to mention important details or be flexible in their memories of events.
No one has more to lose during a misconduct investigation than the pharmacist. Hiring a license defense attorney isn't an admission of wrongdoing. It's a way to ensure you have an advocate throughout the process.
When a pharmacist accused of misconduct hires an attorney, they're simply protecting their career and their future. Attorneys are advocates for their clients. They make sure a client's rights are respected throughout the process and that the client understands the process and their options.
The Professional License Defense Team at the LLF Law Firm knows licensing boards and the nuances of the disciplinary process. Our goal is to give our clients the support they need to make informed decisions as they navigate the process.
Just as pharmacists have a duty of confidentiality with their patients, attorneys have a duty to protect their clients. Whatever a pharmacist tells their attorney remains between them.
Honesty is crucial in license defense cases. An attorney will have trouble building a strong case if they don't know both the good and the bad.
A doctor doesn't prescribe pre-operative antibiotics before surgery because the worst is definitely going to happen. They prescribe them to prevent an infection and safeguard their patient.
Hiring a license defense attorney serves a similar goal. It's to help reduce the worst-case scenario and improve the chances of a better outcome.
Don't Gamble with Your Future
Being accused of misconduct can be stressful. It puts a pharmacist's career, life, and work at risk. Such allegations can undercut the trust that patients and coworkers have in a pharmacist.
That pharmacists must follow high ethical and professional standards makes sense given the high stakes of their work. That the Delaware Valley states expect exemplary conduct from their pharmacists is good because it helps to safeguard trust in the profession.
At the same time, no system is perfect. People can lie. Mistakes can happen. Assuming happily-ever-after is the only ending to a disciplinary process can lead to severe repercussions for pharmacists.
Pharmacists who work in the Philadelphia area face the possibility of severe disciplinary action. If you're facing misconduct allegations, contact the Professional License Defense Team at the LLF Law Firm. We work with clients in Pennsylvania, New Jersey, Delaware, and Maryland to help them protect their careers and their reputations. Call us at 888-535-3686 or fill out our online form.
