With the population of the State of Washington growing at a rate of twice the national average, the need for quality pharmacists has never been greater. Even so, pharmacists are held to extremely high standards of professionalism and accuracy within the state--and with good reason. Even seemingly insignificant mistakes or violations can lead to serious public health consequences. This is why, if you're a pharmacist with a license to practice in the State of Washington, accusations of misconduct can be significantly damaging to your career, let alone the trust and reputation you've diligently built among your patients and colleagues. It is distressing to think that your years of dedication and hard work could be compromised by a single allegation of wrongdoing.
Misconduct allegations could arise from different circumstances, such as unintentional oversight, misunderstandings, or unfounded charges. Whatever their source, Washington's Pharmacy Quality Assurance Commission (Pharmacy Commission, for short) has the legal authority to impose disciplinary actions based only on a preponderance of the evidence. The Commission's priority is to maintain high standards of excellence and to protect public safety at all costs--and for that reason, they may not always give you the benefit of the doubt.
If you are in a situation where your Washington pharmacist's license is in jeopardy, your best hope of saving your license is to hire an experienced professional license defense attorney, one who understands how the disciplinary process works. At the Lento Law Firm, our Professional License Defense Team has nationwide experience supporting pharmacists and other professionals who are facing license disciplinary issues. We have an in-depth understanding of the functions of the Washington Pharmacy Commission and the state's pharmacy laws that govern your profession. We are dedicated to advocating for your rights and striving for an outcome that safeguards your professional career. Contact the Lento Law Firm today at 888-535-3686 or through our online form to protect your livelihood.
Professional Practice Regulation by the Pharmacy Commission
In Washington State, the practice of pharmacy is regulated by an extensive set of rules and laws that not only ensure quality and safety, but also address the procedures for addressing misconduct. Licensed pharmacists are regulated and monitored by the Pharmacy Commission, which in turn is administered by the state's Department of Health. Should a complaint be filed against you, these laws authorize the Pharmacy Commission to enforce disciplinary actions to ensure public health and safety, up to and including suspending or revoking licenses. Even if your license is not revoked, any findings of professional misconduct by the Commission can significantly impact your career as most disciplinary actions become a matter of public record.
Should the Commission, after conducting an investigation and hearing, find that you have breached the state's pharmacy practice regulations, they may impose one or more of the following penalties:
- Reprimand: A formal warning from the Commission, which goes on your professional record.
- Fines: Financial penalties reflecting the severity of the violation.
- "Oversight": A probationary period during which your professional conduct is strictly monitored by the Commission.
- Continuing Education: You may be mandated to undertake extra educational courses to address any gaps in your knowledge or skills.
- License Suspension: A temporary or indefinite suspension of your right to practice, possibly with conditions for reinstatement.
- License Revocation: The permanent termination of your pharmacist license, barring you from practicing within the state.
Your Innocence Doesn't Guarantee Immunity from Harm
There's a common misconception among licensed professionals that if the allegations of wrongdoing are without merit, there is no need for a defense attorney because "the truth will out," and justice will prevail. However, the reality is usually more complex and fraught with hurdles. Despite its noble intentions, the Pharmacy Commission isn't infallible. Investigations and hearings can be flawed, and the burden of proof doesn't equate to that of criminal trials, where guilt must be proven beyond a reasonable doubt. Thus, even if you're innocent, you could still face severe disciplinary actions, including potential license loss, due to misunderstandings or groundless accusations. Elements contributing to such unfavorable results include:
- Investigative Oversights: Crucial evidence, testimonies, or facts that could vindicate you may be neglected or missed.
- Initial Bias: The Commission's preconceived notions could influence the proceedings from the onset.
- Selective Evidence Consideration: Key exoneration information might be ignored.
Essentially, it's the complaint against you that puts your pharmacist license at risk- not your actual guilt or innocence. The Professional License Defense Team at the Lento Law Firm understands the stakes involved and has the experience required to guide you toward the most favorable outcome possible with the Commission.
Pharmacists' Disciplinary Process in Washington State
The Pharmacy Commission follows a structured protocol to supervise the practice of licensed pharmacists and administer disciplinary actions when deemed necessary. These protocols are in compliance with the state's Uniform Disciplinary Act, which applies to all health professionals in the state. If you are a pharmacist in Washington facing allegations of professional misconduct, understanding this process can provide some clarity about what's to come. Here's a basic outline:
Complaint
Almost all disciplinary actions begin when someone lodges a complaint against you with the Pharmacy Commission. While any member of the public can file a complaint against you, complaints against pharmacists typically originate from patients/customers, fellow healthcare professionals, or others who perceive a violation of pharmacy regulations in your conduct.
Investigation
After a preliminary review of the complaint, the Commission initiates an investigation. This phase may involve collecting more information from you (including a written response to the allegations), conducting interviews with the complainant and any potential witnesses, and possibly issuing subpoenas for pertinent documents. If the investigation concludes without finding substantial evidence, the Commission might decide to close the case. On the other hand, if the evidence suggests that further action is necessary, the process continues.
Settlement Offer
Often, particularly when the evidence seems robust, the Commission might propose negotiating a settlement offer--a voluntary agreement where you accept certain disciplinary conditions set by the Commission. While agreeing to this offer might not initially seem attractive, it could provide a route to negotiate more lenient terms if disciplinary action is inevitable. Given the legally binding nature of a settlement, we strongly advise consulting an attorney before agreeing to one. (Our Professional License Defense Team has a history of negotiating favorable settlements for our clients.)
Formal Hearing
If negotiations do not result in a settlement (or if you are inclined to refuse the settlement offer), you will be summoned to a formal hearing before a Health Law Judge (HLJ). This stage allows both parties to present evidence and cross-examine witnesses. Having legal representation during this critical hearing is strongly recommended. After the hearing, the HLJ will put forward a recommendation for the Commission's review.
Final Commission Action
Based on the hearing's findings and the HLJ's recommendations, the Commission will decide on suitable disciplinary actions, which could range from fines and reprimands to suspension or revocation of your pharmacist license.
The thought of facing disciplinary action can be daunting, but bear in mind that there are numerous opportunities throughout this process to resolve the complaint, obtain a settlement, or have the complaint dismissed. The Professional License Defense Team at the Lento Law Firm has vast experience in negotiating with licensing boards, and we can often help our clients resolve complaints in the early stages before a hearing is even called.
Should You Accept a Settlement if One Is Offered?
The decision to accept a consent order proposed by the Pharmacy Commission shouldn't be made lightly. While it may seem like a quick and easy solution, there are crucial factors to consider before signing such an agreement.
- Long-term Consequences: Consent orders are legally binding agreements that often have long-lasting consequences. Before accepting one, you should thoroughly understand the potential impact on your career and future opportunities. (Ideally, if you're surrendering your license, you should attempt to negotiate terms for future reinstatement.)
- Disciplinary Record: The terms of a consent order will become part of your disciplinary record and may be publicly accessible. This could affect future employment or professional relationships.
- Limited Negotiation: Once you accept a consent order, it becomes legally binding, restricting your ability to negotiate more favorable terms in the future.
In the end, if the evidence against you is compelling and a consent order is your best route toward full license reinstatement, it may be worth considering. If the allegations are blatantly false and you have strong evidence, a consent order would probably not be advisable. Always consult with an attorney before signing a consent order.
Areas We Serve in Washington
The Lento Law Firm Team assists pharmacists throughout the State of Washington who are facing possible disciplinary action. Many of our clients are understandably located in larger urban areas, but there's effectively no part of the state where we cannot help. Among the regions of Washington that represent pharmacists include:
Seattle and Vicinity
As the largest city in Washington, Seattle is home to about 722,000, but the surrounding metro area is home to more than 4 million. This is also the largest metro area in the Pacific Northwest and one of the fastest-growing areas in the U.S. Seattle is a major hub of commerce, technology, and culture within the Pacific Northwest. Other communities in this region where we offer legal services include Bellevue, Kirkland, Redmond, Renton, and Issaquah.
Spokane
The second-largest city in Washington, Spokane, is located near the eastern border of the state and has a population of about 228,000. Spokane is known for its scenic location along the Spokane River and its vibrant arts and cultural community.
Tacoma
Located on Puget Sound in western Washington, Tacoma is home to around 220,000 residents. Tacoma is an important port city and a hub of transportation and industry in the Puget Sound region.
Vancouver
Located on the Columbia River near the Oregon border, Vancouver has a population of approximately 190,000 people. The city is known for its proximity to popular outdoor recreational areas and scenic views.
Defending Your Pharmacist License with the Lento Law Firm
Being accused of misconduct as a licensed Washington pharmacist is a serious matter, even if you're innocent of the allegations. From the get-go, you are at a disadvantage because there is no assured presumption of innocence. The Commission might find you at fault based merely on a preponderance of the evidence; in fact, even "pleading the Fifth" doesn't work because, unlike the court system, the Commission is legally allowed to infer your guilt by your refusal to answer a question.
Given the situation and what's at stake, your best hope of leveling the playing field is with the help of a skilled professional license defense attorney. The Professional License Defense Team at the Lento Law Firm is committed to protecting your pharmacist license and minimizing the impact on your career. We thoroughly examine the allegations against you, scrutinize the evidence, assist in gathering evidence in your favor, arrange for witness testimonies if required, and negotiate at various stages with the Commission to reach acceptable terms of a settlement. If necessary, we'll also staunchly defend you at a formal hearing, and we can also handle appeals and coordinate your reinstatement process if a license has already been revoked.
Early Intervention is Vital
For pharmacists facing misconduct allegations in Washington, securing legal representation as early as possible can significantly improve your case's outlook. Waiting until a formal hearing is imminent to engage legal counsel can mean missing earlier resolution opportunities. By engaging the Lento Law Firm Team early, we can examine a wider range of strategies to negotiate the most favorable resolution possible.
You have worked long and hard to earn your pharmacist's license; don't risk losing it unnecessarily by facing misconduct allegations alone. If your license is under threat, contact the Lento Law Firm at 888-535-3686 or through our online form to discuss your case.
