Your pharmacist license is among your most important possessions. It's the foundation of your career, the key to your livelihood. So, let's not waste any time beating around the bush. If someone has called your qualifications into question or accused you of professional misconduct, you need to know what's coming.
The very first thing you need to know is that a license defense in the Miami Metro area can be complicated and difficult to navigate. Your license isn't just based on a set of best practice standards. The rules and regulations that govern the pharmacy industry have the force of Florida state law. So, too, do the procedures involved in building a defense. Everything is written in legalese that can be difficult, if not impossible, to parse. You don't want to take on the Florida Board of Pharmacy on your own.
You don't have to. Whether you practice in Miami, Ft Lauderdale, West Palm Beach, Boca Raton, Sunrise, or Doral, Florida law gives you the right to legal representation any time your license is under threat. Make the most of this right by choosing the Lento Law Firm to represent you.
Why us? Our Professional License Defense Team was built to protect your rights. We've worked on hundreds of license defenses, and we know what to expect. Of course, we know what Florida law has to say about professionals, but we also know how processes and procedures work in these cases. No one is more committed to getting you a fair resolution to your case.
What can we do for you? Dial 888-535-3686 to find out, or take time now to tell us about your case.
What Can Put Your Pharmacist License at Risk?
Pharmacists in Florida are subject to a number of separate laws related to different aspects of their professional duties. There are laws, for instance, specifically related to your responsibilities as a pharmacist. There are laws that deal with health professions generally. There are laws that have to do with drug abuse prevention, and a state Drug and Cosmetics Act that regulates how materials are stored. Of course, you're also under the direct supervision of the Florida Board of Pharmacy, which maintains its own policies relating to licensing issues. This is one reason you need a Lento Law Firm attorney if you're facing a complaint. You need someone on your side who can help you make sense of it all.
In fact, there are so many rules, regulations, and policies that we couldn't possibly cover them all here. What we can do is provide a list of the most common complaints our clients deal with.
- Mishandling or Misuse of Drugs: Drugs are highly regulated in this country and the state of Florida. Many laws ensure the safe storage, preparation, and dispensing of controlled substances. Potential violations can include dilution of medication, dispensing a prescription to the wrong person, and selling substances illegally.
- Violations of Patient Privacy: Pharmacists are subject to the same state and federal laws regarding patient confidentiality as anyone else working in the healthcare system. Just like doctors and nurses, you have an obligation to protect patient data. It's possible to face charges for something as simple as failing to maintain proper digital firewalls.
- Fraud: Fraud is always illegal in Florida, no matter what business you conduct. However, pharmacists face special liability for healthcare fraud. Obviously, filing insurance claims for non-existent patients could get you into trouble, but so could something as simple as advertising services you can't deliver.
- Practicing Under the Influence: Florida state law prohibits you from practicing your profession under the influence of alcohol, drugs, or any other substances that might interfere with your ability to function. Even working with an illness could be enough to result in a charge.
- Criminal Convictions: You can lose your license over any criminal conviction related to your work as a pharmacist.
We all make mistakes, and just because you've made one doesn't mean you deserve to lose your license. It's also true, though, that charges can arise through no fault of your own. For example,
- A simple misunderstanding might be enough to trigger an investigation.
- You can be charged for simple clerical mistakes.
- One angry customer could decide to level an entirely false allegation.
- If you work as a supervisor, you can be held accountable for your employees' mistakes.
Whatever your particular situation, the Lento Law Firm is always on your side and ready to use every resource at our disposal to protect you, your reputation, and your license.
Even if you plan to admit to some type of misconduct, we can play a crucial role in protecting your rights and ensuring you get a fair resolution. In our current social and political climate, professional boards sometimes issue overly severe sanctions simply to satisfy the public. Don't be a martyr to a mistake. If you're accepting responsibility, you deserve a reasonable punishment, and the Lento Law Firm can make sure that's what you receive.
The Disciplinary Process for Pharmacists in the Miami Metro Area
A professional license defense isn't the same as a criminal justice defense. However, in both cases, you have the right to due process. The Board must treat you as "innocent until proven guilty," and it must provide you with the opportunity to defend yourself.
The “process” typically involves four stages.
- Someone lodges a complaint against you with the Board of Pharmacy.
- The Florida Department of Health investigates the complaint.
- An administrative judge conducts a hearing into the matter.
- If you are found guilty, the Board then assigns one or more sanctions as appropriate. However, you have the right to appeal the outcome to an appellate court.
Complaints
One of the downsides to working as a licensed professional is that virtually anyone can accuse you of wrongdoing. That includes,
- Customers
- Supervisors
- Colleagues
- Employees you supervise
- Other staff
- Insurers
In addition, the Board of Pharmacy and the Florida Department of Health both have the authority to conduct their own on-site investigations, and you can be charged with anything they uncover.
Though a complaint is far from a finding of responsibility, it can still be a serious matter, and it's important you contact the Lento Law Firm the moment you know you're under investigation. A complaint that becomes public knowledge can cost you job opportunities and business. A Lento Law Firm attorney can work to prevent this from happening. At the same time, they'll communicate with investigators, reminding them of your rights, and they'll open the negotiation process to look for a solution that can avoid a public hearing.
Investigation
The Department of Health maintains an investigative unit to look into all complaints against health care practitioners, including pharmacists. This unit undertakes a full review of complaints, ultimately turning over all evidence to the Board of Pharmacy's own Probable Cause Panel. This Panel then makes a determination as to whether or not the complaint should proceed to a formal hearing.
As part of the process, you should have an opportunity to give your side of the story, to submit evidence, and to suggest witnesses. In addition, you should be kept apprised of all evidence uncovered in the case so that you can begin preparing your defense.
Your Lento Law Firm attorney will work with you to uncover your own evidence. In addition, they'll stay in close contact with investigators and the Board and do everything in their power to have the case dismissed before it goes further.
Hearing
If the case proceeds to a formal hearing, it will appear before an administrative judge appointed by the state's Administrative Division. One or more Board of Pharmacy members prosecute the case against you. In many ways, such hearings resemble criminal justice trials. Both sides have the opportunity to make their cases through physical evidence and witness testimony. Both sides have the right to raise questions about evidence and cross-examine witnesses.
Keep in mind, however, that a professional license proceeding is not a criminal trial. For instance, the rules of evidence are more relaxed. Administrative judges sometimes allow hearsay witness testimony. And, importantly, the final decision isn't based on the "beyond a reasonable doubt" legal standard. Instead, the judge employs a lesser standard known as "preponderance of the evidence." In simple terms, you are guilty of an offense if the judge believes it is "more likely than not" that you committed the offense. This is also known as the "fifty percent plus a feather" standard.
The bottom line is that a qualified defense attorney can be an enormous asset in a licensing defense, but not just any attorney will do. You need someone who is specifically experienced with these cases, who understands how state hearings operate, and who can show you how to use processes and procedures to your advantage. You need an attorney from the Lento Law Firm.
Hearing Outcomes
Once the judge decides the case, the full Board of Pharmacy then deliberates as to an appropriate sanction. Penalties can include,
- Non-disciplinary letter of caution
- Public reprimand
- Fines
- License restriction
- License suspension
- Supervisory periods
- Additional education
- License revocation
No matter what the Board ultimately decides, you have the further right to challenge the judge's findings and the nature of the sanction to a Florida appellate court. As with all other aspects of your defense, you can be sure that your Lento Law Firm attorney will represent you throughout any post-hearing procedures. We can, for instance, advise you as to whether an appeal is in your best interests. If you should decide to pursue one, we can also work with you to draft the contents of your appeal itself, and we can present any necessary arguments directly to the appellate court.
Why You Need our Professional License Defense Team
There are important reasons why the state of Florida gives pharmacists the right to an attorney during licensure defenses.
- Everything about your career is on the line. Any complaint can lead to license revocation. Even if the penalties assigned in the case are far less, public disciplinary action can affect your ability to find work and your success at attracting customers. In short, the stakes could not be higher.
- Pharmacy misconduct cases can be complex and difficult to defend. The process itself is confusing, but in addition, a successful defense usually involves subtle interpretations of the law and sophisticated use of evidence.
- You may be used to thinking of the Board of Pharmacy as an ally. The Board is responsible for conducting professional testing and issuing licenses. It provides educational opportunities. It may even advocate with the state legislature on your behalf. The moment the Board receives a complaint, however, it becomes your adversary. It is the Board that decides whether a case should proceed to a hearing. It's the Board that argues against you at the hearing. It's the Board that sets your sanctions. You need someone on your side looking out for your interests.
Remember, though, that a local or family attorney won't have the background and experience to handle a professional license defense. While they have expertise, they haven't studied Florida law as it relates to pharmacists. They won't be familiar with the state's professional licensing system. They won't have defended clients in front of professional boards. The Lento Law Firm has protected hundreds of professionals, and we can do the same for you.
Choose the Lento Law Firm to Protect You
Your pharmacist's license means everything to you. It gives you the right to practice your profession. It certifies that you are qualified and experienced. It lets customers know that you can be trusted. If that license is being threatened in any way, you can't afford to take chances. You absolutely must do everything you can to defend yourself, and that starts with hiring the best legal representation you can.
The Lento Law Firm's Professional License Defense Team understands your situation. We understand what kinds of pressures you face every day and just how important what you do is. Whether you own your own pharmacy in Miami or you work for a company in Jupiter, we believe in you, and we're ready to fight to ensure you get the justice you deserve.
To find out more about exactly what the Lento Law Firm can do for you, contact the Lento Law Firm today at 888-535-3686 or use our online form.
