The Washington-Baltimore region covers urban, suburban, and rural areas. From the DMV to rural communities in Carroll County and Warren County, Pharmacists who live and work here face an array of work environments, from large government offices to small clinics and shops.
The one commonality is that all of these pharmacists may face disciplinary action. Whether they work in D.C., Maryland, Virginia, or West Virginia, pharmacists are expected to meet high professional and ethical standards.
This expectation makes sense because of the position of trust people place in pharmacists. Mistakes can be costly and lead to permanent medical and health issues. Lack of trust in pharmacists may result in people not filling prescriptions or trusting life-saving medication.
Disciplinary systems are imperfect, however, and just as a pharmacist can make a mistake, so too can a state board or investigator. This is why it's so important for pharmacists facing misconduct to be proactive: No one involved in the process is going to protect your reputation and your career as strongly as you will.
The Professional License Defense Team at the Lento Law Firm is here to advocate for our clients and give them a partner when fighting misconduct allegations. We help our clients understand their options and choose a path forward that best fits their situation.
You've worked hard to become a pharmacist and work as a pharmacist. Our team is here to help protect your previous hard work and your future goals. Call us at 888-535-3686 or fill out our online form.
Getting Help in the Washington-Baltimore Area
The Washington-Baltimore covers multiple states and the nation's capital. The Professional License Defense Team at the Lento Law Firm has an office in Washington, DC, to help pharmacists and other professionals facing misconduct allegations. Our team lives and works in the DMV, meaning we know the region as well as the relevant laws and regulations.
Pharmacists in the region work with a wide range of employers, and we can help all of them. When it comes to disciplinary action, whether a pharmacist works for large research institutions and hospitals like Johns Hopkins and the University of Maryland, government offices, stores such as Target, Giant, or Harris Teeter, and small, individually owned shops, all are held to the same standards of professionalism.
State Boards in the Washington-Baltimore Region
Depending on where a pharmacist works, they will be licensed by one of the following pharmacy boards:
- D.C. Board of Pharmacy
- Maryland Board of Pharmacy
- Virginia Board of Pharmacy
- West Virginia Board of Pharmacy
Each board is responsible for setting and enforcing its policies and regulations. Disciplinary action generally occurs in the state or district where a pharmacist works, not where they live.
Different States and Districts, Different Regulations
Each state and district regulates professionals who work within their boundaries. While the regulations and rules governing pharmacists are often similar, each licensing board is unique.
Disciplinary action generally occurs where a pharmacist works, not where they live. For example, a pharmacist lives in Alexandria and works in D.C. If this pharmacist faces disciplinary action related to her job, it will be in D.C., where she works, and not Virginia, where she lives.
Another pharmacist lives in Dupont Heights but works in Bethesda. This pharmacist would face disciplinary action brought by the Maryland Board of Pharmacy, not D.C.
Pharmacists need to avoid any work or suggestion or work that may appear to qualify as practicing without a license. Virginia's laws about unlawful practice for pharmacists cover unpaid work.
Disciplinary Actions in Other States
For pharmacists who are licensed with multiple boards, disciplinary action generally doesn't just affect that one license. The DC Board, for example, states that grounds for disciplinary action include being disciplined or convicted by a licensing board or court in any jurisdiction.
For DC, the key is that the disciplined or convicted conduct would also be grounds for disciplinary action DC. Put another way, a pharmacist is licensed in both West Virginia and DC. The West Virginia Board of Pharmacy disciplines that pharmacist. Whether they now face discipline in DC depends on whether the original reason for the discipline would have triggered a disciplinary action in DC.
DC doesn't discipline pharmacists for being disciplined by another board. They discipline pharmacists whose misconduct in another jurisdiction would have resulted in disciplinary action had that misconduct occurred in DC.
What is Misconduct?
When a pharmacist is accused of misconduct, it generally means they acted in a way that fails to meet required ethical or professional regulations and laws. For example, a pharmacist giving a child an adult dosage of a drug would qualify as misconduct.
Common grounds for disciplinary action include:
- Negligently or inappropriately dispensing medication or drugs
- Fraud
- Insurance fraud
- Substance or alcohol abuse
- Sexual abuse or harassment of patients, co-workers, or colleagues
- Breaching confidentiality and privacy laws
- Failing to maintain records or track inventory
- An arrest or criminal conviction
This last category can vary widely between jurisdictions. Some states may only require reporting a criminal conviction, which means after someone pleads guilty or is found guilty. Others may only pursue disciplinary action for certain crimes or certain levels of crimes. Others may only discipline pharmacists for criminal convictions that affect or call into question their ability to do their job.
Disciplinary Process
The disciplinary process tends to follow a similar sequence of steps in all jurisdictions. In DC, for example, the process is:
- Complaint
- Investigation
- Hearing or consent order
- Decision
- Appeal
States may have different steps or processes. Not all states have a consent order or negotiated settlement.
Complaint
The first step is generally a complaint. Most states allow anyone to file a complaint against a pharmacist.
Maryland has a form that anyone can fill out and send to the State Board of Pharmacy. Complaints can be either emailed or faxed. The state also allows individuals to make complaints to the State Attorney General's
The Virginia Department of Health Professions' Enforcement Division receives complaints in that state. The state highlights that these complaints should be about individual healthcare professionals.
Investigation
If a complaint appears to have merit, the next step is an investigation. During this step, the goal is to gather evidence. This process often takes months. In DC, an investigator will present their findings to the Board of Nursing.
If insufficient evidence of misconduct is found, the Board may drop the investigation at this point and close the case. In other situations, a case may move to the next step, which is often a hearing.
Hearings and Alternative Resolution Options
DC, Maryland, Virginia, and West Virginia all have a formal hearing option. Some also have more informal options.
Hearings tend to be similar to courtroom trials. In a hearing, a neutral third party presides over the proceedings. During the hearing, both sides present their case. They will introduce evidence and examine witnesses.
In Maryland, failing to appear at the hearing may result in the Board making a decision without the pharmacist being present.
Other Options
States may also have more informal avenues. DC, for example, has consent orders. With a consent order, a pharmacist acknowledges the alleged misconduct. The two sides will then negotiate the disciplinary action to be taken against the pharmacist.
Virginia has two types of informal conferences instead of a hearing. A lawyer can help direct their client to which conference is better for their situation. Even when a pharmacist chooses the informal conference option, they may still later request a formal administrative hearing before the Virginia Board of Pharmacy.
Knowing what options are available is crucial for pharmacists. When both a formal hearing and informal avenues for resolution are available, selecting the “best” choice can have a major impact on the outcome of a case. The Professional License Defense Team at the Lento Law Firm helps our clients understand the choices facing them and find the one that best aligns with their circumstances.
Decision
A State Board of Pharmacy generally makes the final decision on disciplinary action. In Virginia, for example, the Board makes the decision, and it can take anywhere from a few days to a few months for them to make that decision.
In West Virginia, when a case goes to a hearing, it will be the hearing officer who issues a written decision. The hearing officer will also make the choice on what, if any, disciplinary action or sanctions to enact against a pharmacist.
Appeal
Appeals generally need to be based on something more than disliking the outcome. The procedure for appeal can vary widely between jurisdictions. With any appeal, it's important to make sure an appeal is filed on time and within the right court or other venue. Failing to meet deadlines or properly file may result in losing the ability to appeal.
In Virginia, pharmacists may appeal board decisions to a Commonwealth of Virginia Circuit Court. In West Virginia, pharmacists have thirty days to file in a West Virginia Circuit Court.
Disciplinary Action and Sanctions
Each state board decides what disciplinary action it can take against a pharmacist's misconduct. The severity of the misconduct, whether their conduct could have or did put anyone's health or safety at risk, and any history of previous disciplinary action: All of these factors can influence what disciplinary action a state bar takes.
Maryland, for example, may subject pharmacists to the following disciplinary actions:
- Reprimand
- Probation
- Denial of license
- Fines up to $10,000
- Suspension of license
- Revocation of license
These are common disciplinary actions. West Virginia has similar sanctions. In West Virginia, sanctions go into effect immediately, even when a pharmacist appeals the decision.
To ensure uniformity in disciplinary action, the Virginia Board of Pharmacy uses a series of Sanctioning Reference Points. The purpose of these points is to evaluate each case's facts and circumstances.
Why a Good Defense Matters
One misunderstanding about license defense is that it isn't related to criminal law or charges. While some disciplinary cases may involve criminal charges, those charges are separate from any disciplinary action a board of pharmacy chooses to take against a pharmacist.
Moreover, hiring an attorney isn't an admission of guilt or wrongdoing. It's instead about hiring a knowledgeable advocate who can help guide a pharmacist through the process. An attorney, such as a member of the Professional License Defense Team at the Lento Law Firm, is there to ensure a pharmacist makes the best decisions for their situation and that they don't accept overly severe sanctions.
Especially when a pharmacist believes they've done nothing wrong, it can be easy to think no action is needed and that the truth will prevail.
The reality is more complicated. Mistakes happen. Evidence may be missed. Being an active participant from the beginning, including hiring a knowledgeable attorney, can
Taking an assertive position in defending against accusations is simply protecting the thousands of hours of effort you've put into becoming and working as a pharmacist. It's about minimizing damage to your reputation. It's making sure the relevant evidence and witnesses are part of the investigation.
Having legal support also helps to ensure you aren't singled out or face disciplinary action disproportionate to your actions. Ideally, the disciplinary process should be neutral and thorough, but you don't get a redo if it's not, and you, more than anyone, will pay the price.
Protect Your Career
Pharmacists occupy a position of trust among professionals. Their work is key to people's health and well-being, which is why they're consistently held to high ethical and professional standards. Both the profession and the public benefit from only allowing qualified individuals to work as pharmacists.
Mistakes can happen, which means a pharmacist may find they are being subjected to an inaccurate disciplinary investigation. Or they may have erred but now face disciplinary action disproportionate to their mistake. An investigation may be incomplete, leaving out crucial evidence that explains a pharmacist's actions.
Regardless of the reasons, one truth is that a disciplinary action can have a negative impact on a pharmacist's career and reputation. When facing allegations, pharmacists should focus on being proactive in defending themselves against the allegations and building a defense.
If you're a pharmacist who lives or works in the Washington-Baltimore area and you're facing misconduct allegations, contact the Professional License Defense Team at the Lento Law Firm. We assist pharmacists and other medical professionals in DC, Baltimore, Arlington, and throughout the region to protect their careers and their futures. Call us at 888-535-3686 or fill out our online form.
