As a pharmacist, your role is pivotal in your community, and your knowledge is invaluable. Unfortunately, accusations of wrongdoing have the potential to wreak havoc on your career. Taking a proactive approach by seeking legal help can significantly improve your chances of achieving a favorable outcome. The Lento Law Firm's Professional License Defense Team, which has extensive experience defending pharmacists in Utah and nationwide, is your best choice. Not seeking experienced legal help could lead to severe consequences, jeopardizing your career and license. We are committed to working with you to craft the best defense possible and safeguard your pharmacist license. Contact us today at 888-535-3686 or tell us about your case online.
Utah Discipline Process for Licensed Pharmacists
Utah's Division of Professional Licensure (DOPL) is an entity within the Utah Department of Commerce that upholds both public health and commerce through licensing and regulation. DOPL handles and enforces the laws found in Utah Code Title 58 and is divided into two bureaus: licensing and investigations. Each Bureau is led by a manager and a team, including a board secretary, at least two licensing specialists, auditors, and any other specialists in license or compliance as needed. The Bureau of Investigations staffs 30 investigators, many of whom are retired law enforcement officers and are trained and experienced in investigative procedures. They work closely with the Utah Attorney's General Office for legal assistance and investigative help. The Utah State Board of Pharmacy consists of five pharmacists, one pharmacy technician, and one member of the general public. During administrative hearings, they act as the presiding officers, define unprofessional conduct, and set conditions for license reinstatement and renewal. If the Bureau is investigating a complaint, you must prove that retaining your license is in no way a threat to public safety.
Allegations That Can Put Your License at Risk
Generally, any misconduct or suspicion of misconduct involving your professional activity could jeopardize your license. This includes:
- Being found guilty of a felony, a "crime of moral turpitude," or a misdemeanor related to your professional field
- Misusing drugs and/or alcohol
- Associating your name with an unlawful pharmacy practitioner
- Sharing compensation with other healthcare professionals
- Fraudulently obtaining a license
- Behaving dishonestly or unprofessionally
Unprofessional conduct includes various potential offenses, including but not limited to:
- Making false or deceptive claims about drugs
- Dispensing medications without a valid prescription
- Dispensing medicines based on a falsified prescription (if you are aware of it)
- Maintaining inadequate or negligent records
In Utah, every pharmacist who accepts licensure consents to mental or physical examination if requested by the Bureau of Investigations, which the majority of the Board must approve. A practitioner performs this examination at the pharmacist's expense, and they enter their findings into the proceedings. This examination can only be requested if there is reasonable cause to "believe that the pharmacist is mentally ill, incapacitated, or otherwise unable to practice pharmacy safely and skillfully." This examination waives Doctor-patient confidentiality, and if the pharmacist fails to comply, the Board may immediately suspend their license with the director's written order.
Understanding the Importance of the NABP Clearinghouse
The NABP Clearinghouse is a national database that stores all disciplinary actions taken against pharmacists, pharmacies, and related entities. All decisions the Board makes are published in the database, ensuring accessibility to future employers. If you intend to transfer your license from Utah to another state, having any charges on your record may significantly complicate this process, as the system automatically notifies the Board of the state you are applying to. This makes it nearly impossible to avoid addressing the issue in future interviews. Therefore, it is crucial to act early to maintain your professional accountability for not only your current career, but also your national reputation. The urgency of this matter cannot be overstated.
Pre-Accusation Stage
You may know someone has filed a complaint against you before it reaches the Board. This could be because of a complainant explicitly informing you or a colleague telling you about misconduct they witnessed, which requires them to report to the Board formally. If someone has falsely accused you, it is tempting to believe that the truth alone is sufficient to build an effective defense, but this is not always the case. Regardless of your circumstances, it is best to avoid representing yourself to prevent any potential misinterpretation or worsening of your case.
Investigation
The Bureau takes complaints of unprofessional or unlawful conduct very seriously. If the Bureau does not immediately investigate the complaint, it uploads it into a computerized database. This allows it to track pharmacists' long-term patterns of behavior. For a complaint to be investigated, either the DOPL's chief investigator or an investigative supervisor must confirm its priority. Upon launching an investigation, the Bureau can work closely with the Utah Attorney's General Office in exercising the following legal options:
Subpoenaing Witnesses: An order compelling individuals who have first-hand knowledge or relevant information to testify
Subpoena Duces Tecum: A decree requiring the production of certain documents such as records, books, and contracts relevant to the investigation
DOPL's director or director designee must determine a sufficient need for the desired information in order to file. If DOPL files a subpoena against you and you fail to comply, you may face legal ramifications such as fines, contempt charges, and even warrants for your arrest.
Informal Hearings
After completing the investigation, the Division will determine whether or not the pharmacist has broken any laws or acted unprofessionally. If they believe this to be the case, the Division will issue an order in writing, signed by the presiding officer, that includes the following:
- Names and mailing addresses of all the parties involved
- Date the notice was mailed
- Purpose of the proceeding
- The time and place of the hearing
- A Statement on whether the hearing shall be informal or formal
You are not legally required to respond if you receive a decree summoning you to an informal hearing. However, you are required to be physically present, and not doing this can lead to the Board deciding the case without your input. During this informal hearing, you have the right to testify, present evidence, and comment on issues. Discovery is prohibited, meaning you and the agency cannot exchange information about witnesses and evidence. After the hearing, the Board will issue an order stating its decision, notice of right to administrative review, and necessary time limits for appealing. Before issuing the final order, the Board may convert the informal hearing to a formal one if it is in the public interest or if it is determined that the conversion does not prejudice the rights of any party.
Formal Hearings
If you receive an order summoning you to appear, you must respond within 30 days of the mailing date. Unlike an informal hearing, formal proceedings are similar to civil cases in which all parties can present evidence, argue, respond, conduct cross-examination, submit rebuttal evidence, and present discovery. This means that both parties have equal opportunities to present their case and evidence. The Board oversees the entire hearing, fully discloses relevant facts, and allows parties to present their positions.
Decision
The Board must file an order within a reasonable time following the hearing that includes conclusions of law, findings of fact, orders of relief, the right to apply for reconsideration or to seek administrative or judicial review, and applicable time limits. The Licensing Board will issue a recommended order, which the Board's director will review and affirm, modify, or reject. In the instance that the director modifies an existing recommended order, the Board, by a two-thirds majority vote, can petition to have the decision reviewed by the executive director, whose decision is then final.
Agency Review
In order to be reviewed by DOPL, you must file within 30 days of receiving the final order after the hearing. The pharmacist must sign the order stating the grounds for review and address the Board and DOPL. They will respond only after 15 days have passed since the mailing date of the review order. They may allow for additional submission of briefs, documents, or oral arguments relevant to the review. After considering novel evidence, DOPL will issue a review order containing any potential reversal or amendments to the original decision. In instances where agency review is not available, you may still file for reconsideration within 20 days following the order. This request must state specific grounds for relief, and DOPL will write back with its decision. Strict deadlines and extensive paperwork can be cumbersome and confusing, but hiring the Lento Law Firm's Professional License Defense Team will enable you to take full advantage of your rights and achieve the most optimal outcome for your license. No matter what stage of the process you are in, the Lento Law Firm will negotiate on your behalf while crafting the most robust case possible. Call us at 888-535-3686 or tell us about your case online.
Judicial Review
In both informal and formal hearings, there may be a possibility of submitting a request for judicial review. For informal hearings, the district courts have final jurisdiction, and similar to an agency review, you must include what charge you are contesting and why you are doing so. The Utah Court of Appeals governs judicial reviews for formal hearings, and their decisions may modify, forbid, or remand the matter back to DOPL for further proceedings. In either case, the district court or Utah Court of Appeals, without a jury, shall decide on all questions of law and fact and any constitutional issues presented during the pleadings.
Appeal Process
If a pharmacist is denied licensure and refused renewal or reinstatement, they can submit an agency review to the executive director within 30 days of receiving the decision. The executive director decides if the circumstances require creating a special appeals board. If this is the case, the Board will be composed of three members, including a pharmacist, a member of the general public, and a licensed Utah lawyer serving as chair. They will hold a hearing that follows the same procedure previously mentioned and determine if there is a legal basis for the denial. Their order is not eligible to be reviewed by the agency, but the pharmacist can file for judicial review. It is important to note that the pharmacist must initiate this process. Therefore, they should seek legal advice as soon as possible to meet all the requirements and deadlines.
Disciplinary Charges
There are various disciplinary actions the Board can take against you, including:
- Administrative fine/citation
- Cease and Desist order
- Public or Private Reprimand
- Revocation, suspension, restriction, or probation of the license
- Refusal of License Renewal/Issuing
Remember, even the most minor infractions will be on your record permanently, impacting the rest of your career.
Why You Should Retain the Lento Law Firm Professional License Defense Team
Pharmacists conduct essential and demanding work and provide an invaluable service to their communities. Allegations of possible misconduct can take your time, attention, and energy away from performing this vital work. It can be extremely frustrating dealing with strict Board deadlines, extensive legal jargon, and convoluted Utah Administrative Law statutes. The Lento Law Firm's Professional License Defense Team has many years of experience defending pharmacists in Utah and nationwide. We understand how the Bureau exacerbates allegations and, in some cases, leads to the unfortunate derailing of your career. Our team is committed to providing the guidance and representation you need to protect your livelihood and your reputation. With responsibilities to both patient outcomes and your own mental health, you deserve to have the Lento Law Firm's experienced team on your side, providing effective legal representation and working toward the most favorable outcome possible. Call us at 888-535-3686 or tell us about your case online.
