The North Dakota Board of Pharmacy asserts as its mission to protect public health and welfare against substandard pharmaceutical practice. The Board of Pharmacy takes seriously its obligation to protect patients and the public, staffing a disciplinary agency, the officials of which commit themselves to pursuing allegations of pharmacist wrongdoing. You face a significant risk of license suspension or revocation when facing North Dakota Board of Pharmacy disciplinary charges. Retain the Lento Law Firm's premier Professional License Defense Team to help you defend and defeat misconduct charges threatening your North Dakota pharmacy practice. Call 888.535.3686 or chat with us now.
North Dakota Pharmacy Practice Rewards
North Dakota can be a great place to live and practice pharmacy. The state's strong economy, stable population centers, and sophisticated healthcare system support financially and professionally rewarding pharmacy practices. The state's natural charms and friendly culture only enhance the rewards of North Dakota pharmacy practice. Your practice may be in Fargo, Bismarck, Grand Forks, Minot, West Fargo, Williston, Dickinson, Mandan, Jamestown, Wahpeton, Devils Lake, or another fine North Dakota city or town. Wherever you practice, whether in a pharmacy, hospital, or other professional setting, be aware of the value of your pharmacy practice to you, your family, your pharmacy customers, and your community. Don't lose your license to disciplinary charges. Let us help defend you.
Nationwide Stakes to North Dakota Pharmacist Discipline
North Dakota Board of Pharmacy disciplinary charges can affect not only your North Dakota pharmacy practice but also your ability to practice pharmacy in other states. You may have gained your North Dakota pharmacist's license by endorsement, based on reciprocity rights that North Dakota Century Code Section 61-03-01-04 authorizes. Or you may hope to gain a pharmacy license in another state based on your North Dakota pharmacy license, anticipating that you may move to that state or conduct a pharmacy practice there and in North Dakota under dual licenses. If you suffer North Dakota Board of Pharmacy discipline, you can lose your pharmacy license in another state and lose the opportunity to gain such a license. State licensing boards share discipline information. They also search for discipline in other states. Don't lose your ability to practice pharmacy nationwide. Let us help you fight your North Dakota Board of Pharmacy misconduct charges.
North Dakota Pharmacist Licensure
North Dakota Century Code Section 43-15-10 authorizes the Board of Pharmacy to issue a pharmacy license to qualified applicants. North Dakota Century Code Section 19-02.1-02 prohibits any person from dispensing any drug or otherwise practicing pharmacy unless holding a valid license from the North Dakota Board of Pharmacy. North Dakota Century Code Section 19-02.1-04 makes it a Class B misdemeanor crime to practice pharmacy in the state without a license. North Dakota punishes Class B misdemeanors with up to thirty days in jail and a $1,500 fine for each violation. The Board of Pharmacy may also obtain a court injunction against your unlicensed pharmacy practice, enforceable by contempt charges. You must not practice in North Dakota if you lose your pharmacy license. You cannot depend on your pharmacy education, examination, employment, and experience. Nor may you depend on a pharmacy license you hold in another state. Let us help you defend the disciplinary charges.
North Dakota Pharmacist Qualifications
North Dakota Century Code Sections 61-03-01-01 et seq. set forth the statutory requirements for pharmacist licensure, which you met when obtaining your license. Those requirements include education from an accredited pharmacy program, passing the pharmacy exam, gaining the requisite internship experience, and proving your good moral character. You know what earning your pharmacy degree took in terms of time, effort, and expense. You also know the challenges of passing the pharmacy exam and completing the work experience. You invested a tremendous amount in your pharmacist's license, considering all those costs. You rightly expect a substantial return on your investment. Don't lose out on that return to misconduct charges. Let our skilled and experienced attorneys help defend the charges.
North Dakota Pharmacist Disciplinary Authority
North Dakota Century Code Section 43-15-10 not only authorizes the Board of Pharmacy to issue a pharmacy license to qualified applicants but also to discipline the license of any approved applicant. The Board of Pharmacy expects the discipline professionals whom it employs to investigate complaints, determine whether and when to charge, and then pursue those charges with the state's resources, including the representation of state attorneys. You are not on a level playing field if you decide to face North Dakota Board of Pharmacy misconduct charges without our skilled and experienced representation. Do not go it alone or with unqualified defense counsel. Get our highly effective representation.
North Dakota Pharmacist Disciplinary Decisions
If you suffer North Dakota Board of Pharmacy discipline, you won't likely be able to conceal your discipline. The Board of Pharmacy may report your discipline to your pharmacy employer. It may also report your discipline to other licensing boards in other states or other healthcare professions. Your employer may also require your self-disclosure of your discipline, while other licensing boards may likewise require you to self-report your discipline to them. Employers, licensing boards, and even customers, patients, friends, family members, and the public may also request discipline information from the North Dakota Board of Pharmacy. Your discipline, once established, becomes a public record. Don't ignore your charges. Let us help you defend them strategically and effectively.
North Dakota Pharmacist Disciplinary Sanctions
North Dakota Century Code Section 43-15-10 not only authorizes the Board of Pharmacy to issue a pharmacy license to qualified applicants but also to discipline the license of any approved applicant. The statute expressly authorizes license suspension, meaning temporary or indefinite loss of the license and inability to practice pharmacy, or revocation, meaning permanent loss of the license and inability to practice pharmacy. The statute also authorizes lesser forms of sanction, giving our attorneys the opportunity to advocate for remedial rather than punitive sanctions, permitting continued pharmacy practice. Those lesser sanctions include reprimand, probation on terms and conditions, or license restriction. We may, for instance, be able to show the board that additional education or training, counseling or treatment, or another remedy you may have already completed satisfies the Board's public protection responsibility. Let us help put on a good case for mitigating any sanction, even if you know you committed the wrong thing and that the Board of Pharmacy is able to prove it.
North Dakota Pharmacy License Reinstatement
North Dakota Century Code Section 43-15-42.1 authorizes the Board of Pharmacy to reinstate your license. Reinstatement is not automatic. Discretion to reinstate resides with the Board. You must apply in writing, document your grounds, and convince the Board of Pharmacy at a hearing. If you have already lost your North Dakota Board of Pharmacy license, let us help you evaluate whether reinstatement is available to you. Let us prepare your written application, acquire and present the necessary documentation, and present your testimony and the testimony of others at your reinstatement hearing.
Grounds for North Dakota Pharmacist Discipline
North Dakota Century Code Section 43-15-10 states the several grounds on which the Board of Pharmacy may impose discipline against your license. The grounds are both numerous and vague, giving the disciplinary officials substantial discretion as to the grounds on which to pursue charges. Below are some of the common grounds and how we may be able to defend those charges. Remember that charges are not the same as discipline. The Board of Pharmacy may just need to hear your side of the story.
Substance Abuse as Grounds for North Dakota Pharmacist Discipline
North Dakota Century Code Section 43-15-10 includes that the pharmacist is “addicted to any alcohol or drug habit” or “subject to drug or alcohol dependency or abuse” as grounds for discipline. We may be able to show in defense that you suffer from no addiction, that colleagues or customers misidentified your behavior as if addicted, that you suffered an unexpected prescription medication reaction, or that you have already corrected any dependency or addiction with appropriate treatment. Beware if the Board of Pharmacy offers or demands that you participate in an alternative to the discipline program. Diversion programs can become a costly and arduous trap, in which program non-compliance leads to license suspension or revocation, even if you have adequately addressed any dependency issue.
Unauthorized Sale as Grounds for North Dakota Pharmacist Discipline
North Dakota Century Code Section 43-15-10 includes that the pharmacist “permits or engages in the unauthorized sale of narcotic drugs or controlled substances” as a ground for discipline. Unauthorized sales go to the heart of pharmacist regulation. We may be able to show in defense that you did not make an unauthorized sale or that others were responsible for the unauthorized action.
Incompetence as Grounds for North Dakota Pharmacist Discipline
North Dakota Century Code Section 43-15-10 includes that the pharmacist is “mentally or physically incompetent to handle pharmaceutical duties” as a ground for discipline. We may be able to show in defense that you were competent at all times, that others misidentified you or misunderstood your condition, or that you have corrected any incompetence, which was brief and did not endanger customers or colleagues.
Credential Fraud as Grounds for North Dakota Pharmacist Discipline
North Dakota Century Code Section 43-15-10 includes that the pharmacist cheated on the pharmacy exam or otherwise misrepresented licensing qualifications and credentials as a ground for discipline. We may be able to show in defense that you engaged in no fraud or deception, that any omission or inaccuracy in your submissions was innocent and immaterial, and that you have at all times remained qualified for pharmacy practice.
Unprofessionalism as Grounds for North Dakota Pharmacist Discipline
North Dakota Century Code Section 43-15-10 includes “unprofessional conduct,” as the Board of Pharmacy may define, as another broad ground for discipline. Examples may include disrespect of colleagues, insubordination toward supervisors or employers, harassment of subordinates or customers, or even poor hygiene, inappropriate dress, or rude demeanor. Violation of pharmacy standards may also qualify. We may be able to show in defense that you were not unprofessional, that your practice met minimum standards, that others misidentified you or misconstrued your conduct, or that any misconduct was de minimis and promptly corrected without harm.
Criminal Conviction as Grounds for North Dakota Pharmacist Discipline
North Dakota Century Code Section 43-15-10 includes felony conviction or conviction of a crime of moral turpitude or gross immorality as a ground for discipline. Examples include sexual assault, battery, embezzlement, criminal fraud, or indecent exposure. We may be able to show in defense that you did not suffer the alleged conviction, a court reversed your conviction, or the conviction was not a disqualifying crime that the statute identifies.
North Dakota Pharmacist Disciplinary Procedures
The North Dakota Administrative Agencies Practice Act guarantees you due process in any contested hearing over your pharmacist's license. The Administrative Agencies Practice Act includes your right to fair notice of the charges and a fair hearing before an impartial administrative law judge. You have the right to present your exonerating and mitigating evidence at the formal hearing and to cross-examine adverse witnesses. But you must invoke these protective procedures, which are not self-executing. We can help you do so, strategically and effectively. If you have already lost your hearing, we can help you invoke your agency appeal rights under the Administrative Agencies Practice Act. If you have already lost your appeal, we may be able to obtain court review and reversal of the adverse decision, based on due process challenges, bias or conflicts of interest, or a failure in substantial evidence.
Premier North Dakota Pharmacist Defense Services
The Lento Law Firm's premier Professional License Defense Team is available across North Dakota, including in Fargo, Bismarck, Grand Forks, Minot, West Fargo, Williston, Dickinson, Mandan, Jamestown, Wahpeton, Devils Lake, and other cities and towns, to defend your pharmacist's license against disciplinary charges. We have helped hundreds of pharmacists and other professionals with strategic and effective license defense. Call 888.535.3686 or chat with usnow.
