Let's not waste any time here. If you've come to this page, it likely means that someone has raised questions about your qualifications as a pharmacist or accused you of some type of misconduct. Your license is your livelihood, the foundation of your career. You need information, and you need it now.
We'll get into all the ins and outs of a defense below. As a starting point, though, you should know that in addition to being a serious situation, a license defense can also be complex. South Carolina law isn't always easy to parse, and specific rules and procedures governing Board of Pharmacy investigations and hearings can be difficult to sort out. You don't want to take on the Board all on your own.
Luckily, you don't have to. South Carolina state law gives you the right to legal representation any time your license is under threat. You should take full advantage of that right by retaining the Lento Law Firm.
Why the Lento Law Firm? Because our Professional License Defense Team was specifically built to protect your rights. Because we are experienced with license defenses. Because we not only know the law but we also know how the South Carolina licensing system operates. Most importantly, though, because no one is more committed to getting you fair treatment and the best possible resolution to your case.
To find out more, dial 888-535-3686 or take time now and fill out our online form.
What Can Put Your Pharmacist License at Risk?
South Carolina has a crazy patchwork quilt of laws that apply to pharmacists. There are laws related to drug production, different laws that govern the profession of pharmacist, laws about controlled substances, and laws that apply to poisons. You're under the direct supervision of The Board of Pharmacy, which has its own guidelines on everything from the ethics of administering flu vaccines to how to handle Naloxone. The Board of Pharmacy, though, is part of the larger South Carolina Department of Labor and Licensing Regulation. On top of all that, you have to keep track of ethical codes put together by organizations like the American Society of Health-systems Pharmacists. It's an enormous amount of material to keep straight.
In fact, there's no possible way we could list all the things that might put your pharmacy license at risk. However, we can tell you the most common kinds of misconduct allegations we see.
- Mishandling or Misuse of Drugs: Given your responsibility for mixing and dispensing medications, any violation of that responsibility is treated as a serious offense. This can include anything from dilution of medication to dispensing a prescription to the wrong person.
- Violations of Patient Privacy: State and federal laws contain strict guidelines regarding patient privacy. Pharmacists are considered a part of the healthcare system and are subject to the same privacy laws as doctors and nurses. In addition to protecting patient confidentiality during day-to-day operations, you are also responsible for ensuring any digital databases of patient information are secure.
- Fraud: Any business in South Carolina is liable for fraud it commits. Pharmacists, though, have special liability related to healthcare fraud. You can be investigated for anything from advertising services you can't deliver to filing insurance claims for patients that don't exist.
- Criminal Convictions: Any criminal conviction for a crime related to your work as a pharmacist can put your license in jeopardy. South Carolina regulations also include a statement about convictions for crimes of “moral turpitude.”
- Practicing Under the Influence: You are barred from practicing pharmacy any time you are under the influence of alcohol, drugs, or any other substance that could prohibit your ability to function effectively.
- Unprofessional Behavior: You are responsible for following all ethical codes and, in general, for conducting yourself professionally. Any type of dishonesty can get you into trouble, especially if it could potentially create harm to the public.
- Given just how much you have to remember from day to day, you could be forgiven for making a mistake every once in a while. In fact, many allegations of misconduct arise out of these sorts of simple mistakes.
- Charges sometimes stem from misunderstandings.
- They can also be related to clerical mistakes.
- Though it is unfortunate, pharmacists are sometimes the victims of false allegations.
- If you work as a supervisor, you can be held accountable for mistakes made by your employees.
No matter what the charges against you or where they've come from, you can count on the Lento Law Firm to do everything in our power to defend your license and your reputation.
And keep in mind that even if you are guilty of an offense, it doesn't necessarily mean you deserve to lose your license. In our current social and political climate, professional boards sometimes worry so much about seeming too lenient on offenders that they wind up over-punishing offenders. Even if you plan to admit to misconduct, you need someone from the Lento Law Firm to look out for your interests and make sure you're treated fairly.
The Disciplinary Process for Pharmacists in South Carolina
Now that you have a sense of what types of charges you could face, let's talk a little about what the process of defending a pharmacy license looks like in South Carolina.
- Cases typically begin when someone lodges a complaint against you, either with the Board of Pharmacy or the Director of the South Carolina Department of Labor.
- The Director initiates an investigation into the complaint.
- The Board 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 request a judicial review through the Administrative Law 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
Additionally, the Board of Pharmacy conducts its own routine investigations. The findings of those investigations can also serve as the foundation for a misconduct charge.
A complaint is a serious matter, particularly if it should become public knowledge. One reason to contact the Lento Law Firm the moment you think there could be a problem is that your attorney may be able to prevent that from happening. Additionally, your attorney will begin working on your behalf to discourage investigators from pursuing a complaint or to initiate negotiations for a fair settlement. These kinds of negotiations can continue even through a hearing.
Investigation
In South Carolina, the Director of the Department of Labor is ultimately responsible for investigating complaints. Within thirty days of initiating such an investigation, the Director must issue you a Notice of the Charges. This document should include the name of the Complainant (your accuser), a copy of the complaint itself, and a list of your due process rights during the investigation and hearing.
In most instances, the Director will invite you to provide a statement about your side of the case. In addition, the investigation will collect any physical evidence and conduct witness interviews.
Again, cases are sometimes dismissed at this stage for lack of evidence. Your Lento Law Firm attorney will work hard to ensure investigators don't misunderstand or misuse evidence. They'll also conduct their own investigation into events, so you'll have evidence to back up your claims.
Hearing
A professional licensure hearing can resemble the kinds of criminal court cases you've seen on television in many ways. The Board has the power, for example, to subpoena witnesses. You have the right to make opening and closing statements, to introduce evidence, and to examine and cross-examine any witnesses. And as in criminal cases, state law allows you legal representation, which means your Lento Law Firm attorney can conduct all aspects of the hearing on your behalf. The Lento Law Firm attorneys are seasoned litigators with courtroom experience who can be fierce in protecting our clients.
It's just as important to remember, though, that a professional licensure hearing isn't a criminal trial. The rules of evidence are more relaxed, for example. Your case will be overseen by the Board itself rather than a trained judge. The final decision won't be based on the standard "beyond a reasonable doubt" but on a lesser standard known as "preponderance of the evidence." According to this standard, the Board is required to find you guilty if it believes it is "more likely than not" that you committed an offense.
So, while you do need an attorney to represent your interests, you don't want just any attorney. You want one who is experienced with professional license defenses, who has worked on inter-agency judicial cases, and who understands the rules and processes of these very specific cases. In short, you want an attorney from the Lento Law Firm.
Hearing Outcomes
The Board has a number of options open to it if you should be found guilty of an offense.
- Non-disciplinary letter of caution
- Public reprimand
- Fines
- License restriction
- License suspension
- Supervisory periods
- Additional education
- License revocation
Whatever the Board's final decisions, you have the right to challenge those decisions through South Carolina's Administrative Law Court. As with all other aspects of your defense, you can expect your Lento Law Firm attorney to help you with all post-hearing issues. We can advise you as to whether an appeal is in your best interest, and if you plan to pursue one, we can work with you to draft documents and present your case to a judge.
Why You Need a Professional License Defense Team
It should be clear at this point why South Carolina gives you the right to legal counsel in these cases.
- First, the stakes are high. It is no exaggeration to say that your career is on the line. Revocation is always a possibility in a license defense. Even if all you receive is a public reprimand, disciplinary action can have serious repercussions on your ability to find work and attract customers.
- Pharmacy misconduct cases are difficult to defend. Beyond the complications inherent in the judicial process itself, a proper defense usually relies on subtle interpretations of the law. Attorneys are trained in making precisely these kinds of interpretations.
- You cannot expect the Board of Pharmacy to have your best interests at heart. Normally, the Board of Pharmacy does look out for you. It operates the licensing system, advocates on your behalf to the South Carolina legislature, and keeps you apprised of all new rules and laws. In addition, it provides you with continuing education opportunities. If you've been accused of misconduct, though, the Board takes on an entirely new role. Members of the Board oversee your hearing, they decide your fate, and, if necessary, they determine what sanctions to apply to your case. You need someone who is in your corner, whose sole responsibility is looking out for your best interests.
In short, you need someone from the Lento Law Firm. Remember that a local or family attorney won't do in this case. They won't have the background and experience to handle a professional license defense. They likely won't have studied the law, they won't have dealt with South Carolina's licensing system, and they won't have the experience of defending clients in front of professional boards.
What Can the Lento Law Firm Do for You?
Your pharmacist 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. They understand what kinds of pressures you face every day and just how important what you do is. They believe in you, and they'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.
