You can never take your pharmacist license for granted. Your license doesn't just give you the right to practice pharmacy in Florida. It tells your peers and your customers that you're qualified. It's the stamp of approval that validates what you do. If your license is under threat as a result of a complaint or some type of misconduct, it's important you act quickly and decisively to protect it.
Part of acting decisively is contacting the Lento Law Firm. Florida law gives you the right to legal representation during a license defense. Trust your case to our Professional License Defense Team. We understand what's at stake. More importantly, we're experienced in the field of license defense. We know Florida law, and we're familiar with Board of Pharmacy policies and procedures. Whether you work in Orlando, Sanford, Kissimmee, or some other part of the Greater Orlando area, you can count on us to use every resource at our disposal to get you the best possible resolution to your case.
It's important you contact us as soon as possible, though. Professional licensing investigations can move quickly, and you can be sure the Board is already building its case against you. Dial 888-535-3686 to find out how we can help, or take time now to tell us about your case.
The Most Common Threats to a Pharmacy License
As an Orlando area pharmacist, you are subject to a variety of Florida laws. For example, your basic job responsibilities are outlined in statutes specifically aimed at regulating the pharmacy profession. A whole separate set of statutes regulates health professions generally. Because you work with controlled substances, you're subject to the state's drug abuse prevention and control. There's also the Drug and Cosmetics Act. Meanwhile, the Florida Board of Pharmacy has its own set of policies that deal with licensing issues and continuing education requirements. One reason it's so important you have a Lento Law Firm attorney is so that you have someone beside you to help you make sense of this tangle of legal parameters.
Any violation of any of these laws and policies can potentially put your license in jeopardy. However, some allegations are more common than others. Here are the most typical charges we deal with in the Orlando Metro area.
- Mishandling or Misuse of Drugs: There aren't many things in this country more regulated than drugs. As a result, it's easy to run afoul of the law as a pharmacist. Obviously, actions like selling drugs illegally can get you into serious trouble. You can also face scrutiny for issues like improper storage or prescription preparation. Even simple mistakes like dispensing a prescription to the wrong person can put your license in jeopardy.
- Violations of Patient Privacy: Just like doctors and nurses, pharmacists are subject to strict federal and state laws governing patient confidentiality. You can be investigated for talking too loudly to a patient about their medication or failing to maintain digital firewalls.
- Fraud: Any business, from car dealerships to bookstores, can be charged with fraud, but pharmacists face special dangers when it comes to this type of offense. Again, there are some activities, like overcharging an insurance company for medication, that are clear violations of the law. You can also be charged, though, simply for advertising a service you're not qualified to deliver.
- Practicing Under the Influence: You are prohibited from working while under the influence of alcohol, drugs, or any other substance that might impair your ability to perform your job. In addition, you can be charged for practicing pharmacy while suffering from a serious illness if it inhibits your effectiveness.
- Criminal Convictions: Finally, you can also lose your license over a criminal conviction if your offense relates to your work as a pharmacist. An arrest for drug possession, for instance, could cost you your license even if the drugs in question aren't from your facility.
Anyone can make a mistake, even a highly trained and experienced pharmacist. Just because you've made one doesn't mean you deserve to be stripped of your license. It's also true, though, that you could be under investigation for something you didn't do. For example,
- Simple misunderstandings sometimes lead to formal complaints.
- You could be facing a charge over a simple clerical error.
- Angry customers sometimes take their frustration out on employees by filing false or spurious complaints.
- If you work as a supervisor, you could be held liable for mistakes made by your employees.
Finally, keep in mind that even if you have decided to admit to some form of misconduct, you never want to handle a licensing case on your own. These days, professional boards are under enormous pressure from the public and the state legislature to impose harsh penalties on offenders, even if those penalties are grossly disproportionate to the offense. Even if you made a mistake, you don't deserve to suffer an unfair sanction like license revocation.
Whatever your situation, the Lento Law Firm is on your side and ready to fight for your professional reputation.
Disciplinary Procedures
If you've been charged with some form of misconduct, you may be feeling overwhelmed at this point. The first thing you need to know, though, is that you have the right to due process. Just as in the criminal justice system, you're entitled to a presumption of innocence, to a thorough investigation, and to defend yourself at a formal hearing.
The Florida Board of Pharmacy's disciplinary process typically involves four stages.
- First, someone lodges a complaint against you with the Board.
- Next, the Florida Department of Health investigates the complaint.
- If the complaint moves forward, the Board holds a hearing into the matter before an administrative judge.
- Finally, if the judge determines you committed the offense, the Board assigns an appropriate sanction.
Complaints
Virtually anyone can file a complaint against you with the Board of Pharmacy. That includes,
- Customers
- Supervisors
- Colleagues
- Employees you supervise
- Other staff
- Insurance companies
- Other healthcare providers
In addition, the Board of Pharmacy and the Florida Department of Health both have the authority to conduct their own on-site investigations, and charges can also arise from such investigations.
However, a complaint is just that—a complaint. The Board must believe an allegation is credible and actionable before it undertakes a formal investigation. This means there is a window of opportunity between the time the Board receives a complaint and the issuance of charges when it is possible to intervene and influence the Board's initial decision. Any time you think a complaint might be forthcoming, it's important you contact the Lento Law Firm. We may be able to prevent an investigation. At a minimum, we can represent your interests at this early stage in the case and ensure you're treated fairly.
Investigation
The Florida Department of Health undertakes all investigations into complaints against healthcare practitioners. In fact, the department maintains its own investigative unit. As part of the investigation, you have the right to give your version of events. You can also submit evidence and suggest witnesses for investigators to interview. You are also entitled to review any evidence that investigators uncover.
Once it has completed its work, the Department of Health's investigative unit turns its findings over to the Board of Pharmacy. The Board designates a two-member Probable Cause Panel to review this evidence and decide whether the case should proceed to a formal hearing.
Again, even before any hearings, your Lento Law Firm attorney can play a crucial role in your defense. It's their job, for instance, to help you uncover evidence of your innocence, and they'll work with you to review the Board's case. They'll work to get the case dismissed before it goes further, and they'll lay the groundwork for potential negotiations should you wind up in a hearing.
Hearing
The Florida government has its own Administrative Division tasked with handling internal disputes. Licensing cases are heard by an administrative judge from this Division. The case against you is prosecuted by one or more members of the Board of Pharmacy.
In many ways, a licensing hearing resembles a criminal court case. For example, the judge has the power to subpoena witnesses. Both sides present evidence and call witnesses to testify. Both sides have the right to cross-examine witnesses. And crucially, you have the right to legal representation. Your attorney can handle absolutely every aspect of your defense on your behalf.
It is important to remember, though, that a licensing hearing isn't a criminal court case. Rules of evidence are far more relaxed, for instance. Judges sometimes allow hearsay evidence. And the judge doesn't have to believe you're guilty “beyond a reasonable doubt.” Instead, they'll employ a lesser legal standard known as “preponderance of the evidence.” According to this standard, you are guilty if it seems “more likely than not” that you committed an offense.
You need an attorney on your side, someone skilled in legal arguments and familiar with judicial processes. Not just any attorney will do, though. Because of the very particular nature of licensing hearings, a local or family attorney won't be prepared for the unique judicial procedures they'll face. The Lento Law Firm's Professional License Defense Team has worked with hundreds of professionals. We know Florida Board of Pharmacy policies, and we know how to use those policies to protect you.
Hearing Outcomes
Should the judge decide to dismiss the case, you can relax. However, if you're found responsible for an offense, the case then goes to the full Board of Pharmacy, which must decide on an appropriate sanction. Sanctions can include,
- Non-disciplinary letter of caution
- Public reprimand
- Fines
- License restriction
- License suspension
- Supervisory periods
- Additional education
- License revocation
Finally, though, you are also entitled under the law to appeal the judge's findings, the severity of the sanction, or both to a Florida appellate court. Here again, you can be sure your Lento Law Firm attorney can handle any post-hearing procedures that might be necessary. We can advise you as to whether an appeal is a good option, we can draft appeals on your behalf, and, if necessary, we can present further arguments in support of your appeal.
The Importance of our Professional License Defense Team
You don't want to handle a professional license defense on your own. As we mentioned, you don't want a local or family attorney handling your case. You want the Lento Law Firm's Professional License Defense Team in your corner. Here's why.
- It is no exaggeration to say that your entire career may be on the line. Any complaint can lead to license revocation, but even if the penalties in your case are far less severe, they can have far-reaching effects. A simple reprimand can cost you job opportunities and customers if it becomes public. You must take every accusation seriously.
- Professional license cases can be complicated and difficult to defend. In addition to establishing the facts of the case, winning or losing can come down to subtle interpretations of law and policy. And while you have a number of important rights, they won't do you much good if you don't know how to use them effectively.
- The Board of Pharmacy is not on your side in this battle. The Board provides you with a number of important services, like training and continuing education opportunities. It maintains the licensing system, and it sometimes advocates for you with the Florida state government. In this instance, though, it's your adversary. It's tasked with uncovering the facts of the case, and it even presents the case against you at the hearing. If you're found responsible, it's the Board that will set your punishment. You need someone who is focused on your interests, not the Board's.
Lento Law Firm attorneys know how to negotiate fair settlements when that's what's called for. We can be fierce, though, when it comes to protecting our clients' interests. Florida state law gives you the right to an attorney for a reason. Make the most of this right by choosing Lento Law Firm representation.
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 Kissimmee or you work for a company in Osceola, 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.
