Having a pharmacy license is about more than just checking off boxes—it's about hard work and dedication. So when you're arrested, it can feel like everything you've built is at risk. But don't freak out. There are ways to take charge, protect your reputation, and keep moving forward. Let's dive in.
The Lento Law Firm Professional License Defense Team protects your pharmacy license in Texas. If you're arrested, we'll help you stand up for your side of the story and work to shield your license from fallout. Call us at 888.535.3686 or fill out our confidential consultation form.
Who's Got the Power Over Your License?
The Texas State Board of Pharmacy oversees the discipline and licensing of pharmacists. Whether you're in Houston, San Antonio, Dallas, or anywhere else, your license is subject to their decisions. They assess complaints, ensure adherence to regulations, and make critical decisions.
What Do Pharmacists Get Arrested for in Texas?
In Texas, pharmacists can find themselves in legal trouble, just like anyone else. They can face criminal charges for various types of offenses—some directly related to their practice, others tied to personal behavior that might still impact their ability to hold a license.
Pharmacists are the ones trusted to manage the medicine supply, and they share the same vulnerability to substance abuse as many healthcare professionals. About 10% to 15% of healthcare professionals will struggle with substance use at some point. These issues can lead to an arrest and criminal charges, whether for drugs or a DUI. Addiction can lead people to do things they would never dream of, like pilfering medicine for personal consumption. In fact, there is a national association specifically for pharmacists with substance abuse issues—the Pharmacists Recovery Network.
Healthcare fraud is another cause for arrest, ranging from submitting false insurance claims to billing for undispensed medications or engaging in larger scams targeting Medicaid or Medicare.
Pharmacists can also face arrest for knowingly filling fake prescriptions or dispensing medication without proper authorization. This is true even if done without personal benefit—say, for a friend or for someone who doesn't have insurance coverage. Then there's prescription drug diversion, where drugs are sold to the black market for profit or due to outside pressure.
Other criminal activities that can lead to arrest include domestic violence, identity theft, money laundering, or practicing without a valid license, especially if a pharmacist uses someone else's credentials. In rare cases, some pharmacists have been charged with sexual misconduct or violent crimes.
A criminal conviction, regardless of the nature of the offense, can endanger a pharmacist's license. In Texas, one of the grounds for disciplining pharmacists is being convicted of (or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent) for …a [specific type of] misdemeanor …or a felony.” If the act in question is a misdemeanor, it is grounds for discipline if it involves moral turpitude or specific types of controlled substances.
But hang on, you haven't been convicted of anything yet—just arrested. How does that affect things?
How an Arrest Can Affect Your Pharmaceutical License
Getting arrested is serious, but it's not the same as being convicted. For pharmacists in Texas, that distinction matters. An arrest means law enforcement believes something might have happened. A conviction means the prosecutor proved it beyond a reasonable doubt. Those are two very different things, and in between them is your right to due process. No matter what, do not automatically report the arrest to the Board. Get legal advice!
Arrests happen for all kinds of reasons—some valid, some not. Maybe it was a misunderstanding, a bad night, or an error in judgment. Maybe the charges won't stick at all—"beyond a reasonable doubt” is a pretty high standard. And yet, the fallout can feel immediate: questions from your employer and fear about your future.
Acting fast is crucial. While the law presumes innocence, the Board of Pharmacy may feel differently. The Board doesn't need a conviction to investigate or impose discipline. If they believe public safety is on the line, your license could be in their crosshairs right away.
The Truth About Phone Calls in Custody
The flashing lights. The cuffs. The ride to jail. It's happening fast—and what you do next matters. Rule number one: stay quiet. No explaining, no defending, no talking. Just silence. That's your right.
Once you're booked, they'll take your info, snap a mugshot, and collect fingerprints. Your personal belongings, including your phone, are bagged and held. If you don't post bail, you'll sit in jail until your first court appearance—usually within 24 hours.
Forget the TV myth—there's no “one call” rule. After your arrest, you're not limited to just one shot at the phone. You can make several calls, as long as you're not abusing the privilege.
How Do Licensing Proceedings Work?
If the Board takes action after the arrest, here's how the process works in Texas:
- If the Board believes that public safety is at issue, an investigator is appointed.
- The pharmacist is notified and given a copy of the allegations. If the cuffs are already on, the charges likely aren't a mystery anymore.
- The pharmacist is asked to respond.
- Investigations take time. Meanwhile, the criminal case—assuming the charges are not dropped—is moving forward.
- You might be asked to testify and provide more details.
- It makes sense to wait for the criminal case outcome, but the Board holds the power to act whenever it chooses.
It's a challenging road, but with the right guidance, you can overcome the hurdles and defend your career.
The Consequences
If the Board decides to discipline you based on your arrest, here's what could happen:
- Reprimand. A reprimand is like a red flag from the state pharmacy board. It's a formal warning that calls out what you did wrong and reminds you to stay on the right path. It won't automatically cost you your license, but it's a clear message that more serious consequences could follow.
- Fines. Fines are another possible consequence. In some cases, fines may be part of a broader disciplinary action, including a reprimand, suspension, or probation.The amount of the fine depends on the nature of the offense, the severity of the alleged crime, and aggravating or mitigating factors. For instance, a pharmacist who is arrested for committing healthcare fraud, such as submitting false insurance claims or misappropriating medications, could face significant fines. On the other hand, a first-time offense, such as a DUI arrest, may result in a smaller fine, though the long-term consequences for the pharmacist's license could still be significant. Fines are a deterrent for unethical or illegal conduct within the profession. However, they are typically only one aspect of disciplinary action, and a pharmacist's overall conduct, including any remedial steps taken (such as rehabilitation or education), will influence the total penalty. In some cases, the board may offer to reduce the fine if the pharmacist demonstrates sincere efforts to correct their behavior, such as completing rehab or community service.
- License Restriction. A pharmacist who was arrested for substance abuse might be prohibited from dispensing narcotic medications like opioids or benzodiazepines. This would limit their ability to work in settings where these medications are commonly dispensed, such as hospitals, outpatient clinics, or retail pharmacies.
- License Suspension. Suspending your license puts a freeze on your life, affecting your work, finances, and your role as a caregiver. You're left in a waiting game, hoping for the moment you can return to your profession. The Board may require you to complete a substance abuse rehabilitation program or attend counseling to end the suspension.
- License Revocation. The loss of your license goes far beyond your job—it's the destruction of everything you've achieved as a pharmacist. Getting it back is a steep climb. And while you're affected, so are the patients who count on your care.
Being arrested is tough, but losing your license is a direct blow to your livelihood.
Protect Your License With the Lento Law Firm
Tough situations require a steady hand. With our experience, we've successfully guided professionals through challenges like yours.
- We Take Immediate Action. When you reach out, we begin crafting your defense right away. At the Lento Law Firm, we understand that timing is crucial. The earlier we intervene, the better our chances of protecting your license and minimizing any negative impact.
- We Investigate Thoroughly. We leave no stone unturned—scrutinizing records, gathering essential evidence, and building a defense that tells your true story. At the Lento Law Firm, we don't treat your case as just another file. We show the Board that the allegations are either baseless or irrelevant to your professional conduct. And that you're innocent until proven guilty.
- We Pay Attention to Every Detail. The details make all the difference. Our team meticulously reviews your records, gathers vital evidence, and ensures your voice is heard. Every case is unique, so we create a personalized defense plan just for you.
- We Stand Up for You. If your case progresses to a hearing, we're ready to fight. From challenging weak evidence to cross-examining witnesses, we're prepared to defend your future. Our priority is clear: safeguard your license, your career, and your reputation.
- We Think Ahead. We know when to take a stand and when to compromise. If negotiating is the best option, we approach it with strategy and care, prioritizing your future. Our aim is to protect your career while meeting the Board's requirements without compromising what matters most.
- We Never Give Up. No case is too complicated or too far gone. Whether it involves substance abuse, theft, or DUI, we continue to fight for your rights and your future—even when others have already passed judgment.
Everyone makes mistakes, but we know that's not the whole picture of who you are.
The Lento Law Firm Has Your Back
If you're dealing with licensing issues after an arrest in Texas, let the Lento Law Firm Professional License Defense Team guide you. We are dedicated to defending professionals like you in Texas and nationwide.
Reach out today at 888.535.3686 or fill out our confidential consultation form to get started. Facing this situation on your own is tough—let us help.